The proposed intervenor, Shoal Lake #40 First Nation, brought a motion for leave to intervene as an added party or friend of the court in an action for damages brought by Iskatewizaagegan No. 39 Independent First Nation against the City of Winnipeg and the Province of Ontario.
The underlying action sought compensation for the taking of water from Shoal Lake pursuant to a 1913 Order in Council.
The court dismissed the motion, finding that the proposed intervenor had no direct interest in the plaintiff's specific claim for damages, that its participation would cause delay, and that it was free to commence its own action for compensation.
