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Pleadings in land claim found to seek only monetary relief, not recovery of Crown lands.
At a trial management conference, an issue arose as to whether the plaintiff's pleadings in an Indigenous land claim action sought the recovery of Crown lands or merely monetary relief for alleged breaches of duty.
The court ruled that determining this issue before trial was necessary.
Analyzing the pleadings, the court found the claim exclusively sought equitable compensation, damages, and accounting, and did not properly plead any present-day interest in or right to recover actual Crown land in the Haldimand Tract.
