Aaron Grimes

This case management conference endorsement addresses the timetable for a complex action, primarily focusing on the delivery of expert reports and amended pleadings.

The court resolved disagreements between the plaintiff, defendants, and intervener regarding deadlines for expert reports, particularly those from the Mississaugas of the Credit First Nation (MCFN) and experts who had been ill.

The court also set a deadline for Ontario's defence to Canada's cross-claim, prioritizing realistic timelines and efficiency over the plaintiff's desire for earlier closures.

The plaintiff, Six Nations of the Grand River Band of Indians, brought a motion to amend its statement of claim in a long-standing action concerning the Haldimand Tract.

The defendants did not oppose the amendments but sought extensive time to deliver responding expert reports.

The Attorney General of Canada brought a cross-motion to strike portions of the claim that pleaded breaches of duty 'by example'.

The court dismissed the cross-motion, finding that pleading by example was appropriate given the plaintiff's claim for a complete accounting.

The court granted the motion to amend and set a timeline for the defendants to deliver responding expert evidence, rejecting the defendants' request for a multi-year extension based on their internal retention processes.

Costs of $90,000 were awarded to the plaintiff.