Jack Douketis

The self-represented plaintiff brought a motion for leave under section 17 of the Crown Liability and Proceedings Act to proceed with claims of fraudulent misrepresentation and misfeasance in public office against the Crown.

The claims arose from her employment with the Ministry of the Attorney General and statements made to her long-term disability insurer.

The court found that the plaintiff failed to establish a reasonable possibility of success, as there was no evidence that the Crown made false representations, knew they were false, or intended for the plaintiff to act upon them.

Leave was denied for all claims except operational negligence, for which the Crown waived the leave requirement.

The applicant sought an extension of time to apply for judicial review of the Ministry of Mines' decision to add two other First Nations to consultation lists for mining projects on its traditional territory.

The applicant opposed adding the other First Nations as parties to the proceeding.

The court held that the entitlement of the other First Nations to participate as parties must be resolved before hearing the motion for an extension of time, as their rights were directly implicated by the proposed application.