Monika B. Gehlen

The appellants appealed a decision regarding the liability of an amalgamated corporation for the remediation of a contaminated site caused by the pre-amalgamation activities of one of its predecessor corporations.

The Supreme Court of Canada allowed the appeal, adopting the dissenting reasons of Rowles J.A. in the British Columbia Court of Appeal, holding that the wording of the amalgamation agreement did not limit the liability of the amalgamated corporation.

Two Indian bands, the Wewaykum (Campbell River) and Wewaikai (Cape Mudge), claimed each other's reserve lands, alleging the federal Crown breached its fiduciary duty during the reserve creation process in the late 19th and early 20th centuries.

Both bands sought declarations and equitable compensation.

The Supreme Court of Canada dismissed the appeals, holding that the Crown fulfilled its fiduciary obligations by acting with loyalty, good faith, and ordinary prudence.

The Court found that both bands had historically acknowledged the other's entitlement to their respective reserves, making equitable relief inappropriate due to laches and acquiescence.

Furthermore, the Court ruled that the bands' claims were statute-barred by the applicable limitation periods.