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.
