CITATION: Chippewas First Nation v. Ministry of Natural Resources, 2010 ONSC 2533
DIVISIONAL COURT FILE NO.: 424/06
DATE: 20100428
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEDERMAN, WILTON-SIEGEL AND RAY JJ.
BETWEEN:
CHIPPEWAS OF NAWASH UNCEDED FIRST NATION
Applicant (Moving Party)
– and –
ONTARIO (INFORMATION AND PRIVACY COMMISSIONER)
Respondent (Responding Party)
MINISTRY OF NATURAL RESOURCES
Respondent (Responding Party)
-and –
BILL MURDOCH
Respondent
-and –
LARRY MILLER
Respondent
-and-
LAKE HURON FISHING CLUB
Respondent
COUNSEL:
Jessica Orkin and Louis P. Strezos, for the Applicant
William S. Challis, for the Respondent, Information and Privacy Commissioner of Ontario
Manizeh Fancy, for the Respondent, Ministry of Natural Resources
HEARD at Toronto: April 28, 2010
REASONS FOR JUDGMENT
LEDERMAN J. (orally)
[1] At the opening of the hearing for judicial review, the applicant moved for leave to adduce fresh evidence that came to counsel’s attention late yesterday. At the completion of argument by all counsel the applicant moved for an adjournment of the judicial review application to permit it to bring the proposed new evidence before the IPC for its reconsideration.
[2] The respondent MNR has advised the Court that it does not oppose the adjournment. The Commissioner takes no position on the request.
[3] On the basis of the motion for fresh evidence, we are of the view that paragraph 2 of McCombs J. order dated January 7, 2010 should be vacated to permit the applicant to bring the motion for adjournment.
[4] After hearing submissions, we are of the view that the adjournment is to be granted. An order will go on the terms set out in the draft order as amended upon which I have marked my fiat.
LEDERMAN J.
WILTON-SIEGEL J.
RAY J.
Date of Reasons for Judgment: April 28, 2010
Date of Release: May 19, 2010
CITATION: Chippewas First Nation v. Ministry of Natural Resources, 2010 ONSC 2533
DIVISIONAL COURT FILE NO.: 424/06
DATE: 20100428
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEDERMAN, WILTON-SIEGEL AND RAY JJ.
BETWEEN:
CHIPPEWAS OF NAWASH UNCEDED FIRST NATION
Applicant (Moving Party)
– and –
ONTARIO (INFORMATION AND PRIVACY COMMISSIONER)
Respondent (Responding Party)
MINISTRY OF NATURAL RESOURCES
Respondent (Responding Party)
-and –
BILL MURDOCH
Respondent
-and –
LARRY MILLER
Respondent
-and-
LAKE HURON FISHING CLUB
Respondent
REASONS FOR JUDGMENT
LEDERMAN J.
Date of Reasons for Judgment: April 28, 2010
Date of Release: May 19, 2010