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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.
The court issued procedural directions for upcoming out-of-court expert examinations and the appointment of a pre-trial judge.
This endorsement from a case conference addressed several procedural issues in a complex litigation involving Indigenous land claims.
The court provided directions regarding preparatory materials for upcoming out-of-court expert examinations, including the appointment of a hybrid commissioner and deadlines for expert report summaries and legal arguments.
The court also addressed a dispute regarding the scope of cross-examination of an expert witness, directing the parties to narrow issues concerning adversity of interest before seeking further judicial determination.
Finally, the court confirmed the appointment of a pre-trial judge and scheduled the next case conference.
