The decision addresses motions by the Attorney General of Canada and the Corporation of the City of Kenora to dismiss the Plaintiffs’ claim as statute-barred under Rule 21.01(1)(a) of the Rules of Civil Procedure.
The Plaintiffs, three Anishinaabe Nations, seek the return of or a declaration of trust over lands known as Anicinabe Park, alleging breaches of statutory, fiduciary, and constitutional duties by Canada and Kenora.
The Court finds that it is not plain and obvious, on the pleadings, that the lands were not reserve lands or that the claim does not arise from a treaty right.
As such, the Real Property Limitations Act does not clearly bar the claim, and the motions are dismissed.
