Appeal from an order permitting amendment of pleadings in litigation arising from alleged impacts of railway construction on river habitat and asserted Aboriginal and Indian Act rights.
The appellants argued the proposed amended pleadings were defective because the claims were communal in nature and could not be advanced as personal actions by members of Nations.
The Court held that authority to bring the claims and the personal entitlement of members were questions of fact or mixed fact and law best determined by the trial judge.
The appeal was dismissed and the amendments were allowed to stand.
