2 total
Leave to intervene in class action certification appeal granted to four organizations and denied to two.
Six organizations brought motions for leave to intervene in an appeal from an order dismissing the certification of a proposed class action regarding the overrepresentation of Indigenous children in the child welfare system.
The motion judge granted leave to intervene to the Anishinabek Nation, the British Columbia Civil Liberties Association, the Chiefs of Ontario, and the Nishnawbe Aski Nation, finding they would provide useful and unique perspectives on the issues raised on appeal.
The motions by the Hiawatha First Nation and Nigig Nibi Ki-win Gamik were dismissed because their proposed submissions would improperly expand the scope of the appeal and the evidentiary record.
Extension of time to perfect judicial review granted pending related SCC leave decision or mediation.
The applicant First Nation sought an extension of time to perfect its judicial review application challenging the provincial approval of a mine closure plan.
The applicant requested the extension to await the Supreme Court of Canada's decision on leave to appeal in a related case concerning provincial authority under Treaty 3, or the completion of scheduled mediation.
The respondent mining company opposed further delay.
The court granted the extension to the earlier of 45 days after the release of the leave decision or 45 days after the completion of the mediation, balancing the need for clarity on the legal issues with the need to avoid indefinite delay.
