S. Gaudreau

The moving parties filed a supplementary motion record and revised draft order following a previous endorsement that noted deficiencies in their materials.

The court found the new materials remained deficient, citing incomplete documents, missing schedules, duplicate email authorizations, and spelling errors.

The court declined to grant the requested relief but provided the moving parties one final opportunity to file a proper and complete consent and draft order.

A junior mining company sued Ontario for damages after its relationship with a First Nation collapsed and its exploration program stalled.

The plaintiff argued that the Crown's constitutional duty to consult and related obligations under the Mining Act extended to protect the company as a third-party mining claimant.

The court held that the honour of the Crown and any associated fiduciary or consultation duties run to Indigenous communities, not to mining proponents, and do not create an enforceable private law duty of care in favour of the plaintiff.

Applying the Anns/Cooper framework, the court further found that neither the legislative scheme nor the limited interactions between the parties established sufficient proximity.

The action was dismissed.