2 total
Adjournment request denied despite consent; witness unavailability not an exceptional circumstance.
The applicant requested an adjournment of the scheduled hearing dates because a key witness would be out of the province.
The respondents consented to the request.
The Tribunal denied the adjournment, finding that the unavailability of the witness did not constitute an exceptional circumstance under its Practice Direction.
The hearing was ordered to proceed as scheduled, with a later date to be fixed for the unavailable witness's testimony.
Appeal dismissed; rectification of corporate records denied as universal membership in First Nation corporation not established.
The appellants, the chief and band council of the Wasauksing First Nation, appealed a decision dismissing their application to rectify the corporate records of Wasausink Lands Inc. (WLI) to reflect that all band members were members of WLI and the band council were its directors.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's conclusion that the factual basis for rectification was not established and that s. 309(1) of the Corporations Act is not intended for fundamental corporate restructuring.
The Court also declined to impose a constructive trust as it was raised for the first time on appeal, and rejected the claim for a constitutional exemption based on aboriginal rights.
