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The Court of Appeal upheld a judgment crediting a band member for leasehold improvements and awarding aggravated damages for an improper eviction.
A band member leased lands from the Walpole Island First Nations Band Council to operate a hunting camp and made substantial improvements including constructing a lodge.
The central dispute concerned whether the band member was entitled to credit against outstanding rental payments for the cost of improvements made.
The trial judge awarded credit of $532,500 for improvements plus a $40,000 deposit, less $430,000 in rent owing, resulting in a judgment of $142,500 in the band member's favour.
The band appealed, arguing that the trial judge failed to apply section 2(3) of the Indian Act, which requires Band Council resolutions for binding arrangements.
The appeal court upheld the trial judgment, finding that the Band Council had undertaken to credit the band member for leasehold improvements and that the band member was entitled to aggravated damages for an improper eviction.
Corporate respondent ordered to disclose former employee's last known address to facilitate service of application.
The applicant filed a human rights application alleging discrimination in employment.
She brought a Request for an Order During Proceedings seeking the last known address of the personal respondent, a former employee of the corporate respondent, to facilitate service.
The corporate respondent opposed the request, citing privacy legislation.
The Tribunal ordered the corporate respondent to provide the last known address, noting its authority under the Statutory Powers Procedure Act, the Human Rights Code, and its Rules of Procedure to compel production of information.
