The plaintiff First Nation sued the City of Winnipeg for compensation for injurious affection caused by Winnipeg's water-taking from Shoal Lake, and sued the Province of Ontario for breach of fiduciary duty for failing to protect the plaintiff's interests and ensure compensation.
Ontario moved to strike the breach of fiduciary duty claims under Rule 21.01(1)(b) for failing to disclose a reasonable cause of action.
The court dismissed the motion, finding it was not plain and obvious that the plaintiff's claims based on sui generis and ad hoc fiduciary duties were doomed to fail, given the historical context, the 1913 Order in Council, and the Crown's potential discretionary control over the plaintiff's cognizable Aboriginal interests.
