Ontario Federation of Anglers and Hunters v. Minister of Natural Resources and Forestry
CITATION: Ontario Federation of Anglers and Hunters v. Minister of Natural Resources and Forestry, 2017 ONSC 441
DIVISIONAL COURT FILE NO.: 318/15
DATE: 20170117
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
KITELEY, SWINTON and RAMSAY JJ.
BETWEEN:
ONTARIO FEDERATION OF ANGLERS AND HUNTERS and ANGELO LOMBARDO
Applicants
– and –
MINISTER OF NATURAL RESOURCES AND FORESTRY
Respondent
– and –
THE MISSISSAUGAS OF ALDERVILLE FIRST NATION, THE BEAUSOLEIL FIRST NATION, THE CHIPPEWAS OF GEORGINA ISLAND FIRST NATION, THE MNJIKANING FIRST NATION, THE CURVE LAKE FIRST NATION, THE HIAWATHA FIRST NATION and THE MISSISSAUGAS OF SCUGOG ISLAND FIRST NATION
Respondents
COUNSEL:
Timothy S.B. Danson and Marjan Delavar for the Applicants
Sara Blake, Lisa La Horey, and Padraic Ryan for the Respondent, Minister of Natural Resources and Forestry
William B. Henderson and Ceyda Turan for the Respondents, Williams Treaties First Nations
HEARD at Toronto: January 17, 2017
ORAL REASONS FOR JUDGMENT
SWINTON J. (Orally)
[1] This motion to set aside the order of Molloy J. dated December 18, 2015 is dismissed. The moving party has not demonstrated any error of law or palpable and overriding error of fact.
[2] The motions judge set out the correct principles to be considered in determining whether the Williams Treaties First Nations (the “WTFN”) were necessary parties to this application for judicial review pursuant to rules 5.03 and 5.04 of the Rules of Civil Procedure. We agree with Molloy J.’s conclusion that the WTFN would be directly affected by the declarations sought by the Ontario Federation of Anglers And Hunters (“OFAH”), and we adopt her reasons.
[3] In the alternative, we see no error in her conclusion that the WTFN met the test to be added as a party intervener under rule 13.01.
[4] With respect to the costs award, we see no error in principle in her decision. She awarded costs on a substantial indemnity basis because it was plain and obvious that the WTFN were proper parties and the motion was unnecessary. OFAH had been put on notice that the WTFN would be seeking elevated costs and OFAH persisted. We see no error of principle in her exercise of discretion.
[5] Accordingly, the motion to set aside is dismissed.
Swinton J.
I agree
Kiteley J.
I agree
Ramsay J.
Date of Reasons for Judgment: January 17, 2017
Date of Release: January 19, 2017
CITATION: Ontario Federation of Anglers and Hunters v. Minister of Natural Resources and Forestry, 2017 ONSC 441
DIVISIONAL COURT FILE NO.: 318/15
DATE: 20170117
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
KITELEY, SWINTON and RAMSAY JJ.
BETWEEN:
ONTARIO FEDERATION OF ANGLERS AND HUNTERS and ANGELO LOMBARDO
Applicants
– and –
MINISTER OF NATURAL RESOURCES AND FORESTRY
Respondent
– and –
THE MISSISSAUGAS OF ALDERVILLE FIRST NATION, THE BEAUSOLEIL FIRST NATION, THE CHIPPEWAS OF GEORGINA ISLAND FIRST NATION, THE MNJIKANING FIRST NATION, THE CURVE LAKE FIRST NATION, THE HIAWATHA FIRST NATION and THE MISSISSAUGAS OF SCUGOG ISLAND FIRST NATION
Respondents
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: January 17, 2017
Date of Release: January 19, 2017