John C. Peters

The plaintiff, a member of the Walpole Island First Nation, leased hunting grounds from the Band to operate a hunt club.

He made significant capital improvements to the property with the understanding that he would receive a credit against his rent.

The Band later evicted him right before the hunting season for alleged rent arrears, refusing to recognize the capital improvement credit.

The court found that the Band had agreed to the credit and that the Hunt Club Task Force had ostensible authority to bind the Band.

The court awarded the plaintiff $142,500 in net damages for the breach of agreement, plus $30,000 in aggravated damages for the humiliating and unfair manner of his eviction.

The applicant First Nation sought a declaration regarding its legal interest in a lot located within its reserve boundaries.

During the hearing, the applicant narrowed its request to a declaration that it holds the registered interest in the lot, subject to any rights the respondent band member might have under a 1986 Housing Loan Agreement.

The self-represented respondent did not oppose this narrowed relief, though she asserted broader rights to the property which were not formally before the court.

The court granted the limited declaration and declined to entertain requests for further injunctive or declaratory relief without proper notice.