Ryan M. Lake

The Attorney General of Canada sought summary judgment to dismiss a claim by Atikameksheng Anishnawbek First Nation, arguing that their request to re-delineate reserve boundaries constituted a collateral attack and abuse of process on a 1889 judgment (Francis).

The First Nation argued the Francis decision was unfair as they were not an equal party.

The court dismissed Canada's motion, exercising its residual discretion to allow the claim to proceed to trial, emphasizing that while re-litigation doctrines are important, justice and reconciliation, particularly for Indigenous rights, can override them when there was a structural unfairness in prior proceedings.

The Missanabie Cree First Nation appealed a trial decision that determined the "crystallization date" for calculating their Treaty No. 9 reserve land entitlement was 1906, the year they adhered to the Treaty.

The Court of Appeal dismissed the appeal, affirming that the trial judge correctly interpreted the Treaty's reserve clause and the common intention of the parties, and properly distinguished other treaty cases.

The court also addressed ancillary issues, admitting fresh evidence of a settlement between Canada and MCFN, lifting a sealing order on the settlement, and dismissing Canada's abuse of process motion to dismiss the appeal against it.

This is an appeal management endorsement providing directions for an appeal concerning the determination of the Missanabie Cree population for Treaty 9 reserve entitlement.

The endorsement addresses issues with exhibit books, factum lengths, electronic document formats, a timetable for materials, motions for leave to intervene, oral hearing compendia, and sets a hearing length and date.

It also provides general notice for intervention motions.

In a class proceeding arising from a major propane facility explosion, the plaintiffs sought to amend their statement of claim and certify claims against additional defendants associated with the ownership and leasing of the facility property.

The court considered whether the proposed amended pleading satisfied the s. 5(1)(a) requirement of the Class Proceedings Act by disclosing a reasonable cause of action.

Claims in strict liability and nuisance against the property-owning defendants were struck because the pleadings failed to meet the legal prerequisites and improperly characterized the alleged nuisance.

Negligence claims under the Occupiers’ Liability Act were also dismissed because the alleged damages occurred off the premises and the statute only applies to persons entering the premises.

However, the court held that the plaintiffs had properly pleaded a viable common law negligence claim based on the defendants’ alleged rights of control and failure to intervene in unsafe operations.

Certification against the remaining defendants proceeded solely on the basis of the common law negligence cause of action.

The plaintiffs sought certification of a proposed class action arising from explosions at a propane facility in Toronto that allegedly caused personal injury, property damage, and evacuation of nearby residents.

The court considered the certification requirements under s. 5 of the Class Proceedings Act, 1992.

It held that the pleadings against certain landlord defendants failed to disclose a viable cause of action because the allegations relying on agency, single‑group enterprise, and alter‑ego theories lacked material facts capable of piercing the corporate veil.

Those pleadings were struck with leave to amend and the certification motion against those defendants was adjourned.

The proceeding was otherwise certified as a class action against the remaining defendants, with common issues approved and representative plaintiffs appointed.