Court File and Parties

COURT FILE NO.: CV-20-00653346-0000

DATE: 20210426

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: THE CHIEF AND COUNCIL OF THE MISSISSAUGAS OF THE CREDIT FIRST NATION, on behalf of the MISSISSAUGAS OF THE CREDIT Band of Indians Plaintiffs

AND:

THE ATTORNEY GENERAL OF CANADA, and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: K. Alexander and C. Beresford for the Plaintiffs

D. Luxat for the Defendant, the Attorney General of Canada

D. Feliciant and P. Lemmon and R. Ogden for the Defendant, Her Majesty the Queen in Right of Canada

HEARD: In writing

ENDORSEMENT

[1] The Plaintiffs seek an order pursuant to s. 106 of the *Courts of Justice Act*, R.S.O. 1990, c. C.43 to have this action put in abeyance. The Defendants consent to the relief sought.

[2] The issues in this action include the recognition of Aboriginal title as it relates to water, beds of water and floodplains within a large area of Southern Ontario. The same or similar issues are before the court in a separate action; Chippewas of Nawash Unceded First Nation and Saugeen First Nation and the Attorney General of Canada, and Her Majesty the Queen in Right of Ontario, Court File No. CV-03-261134CM1.

[3] The Plaintiffs take the position that the factual and legal issues in this case are complex and cover a large historical timeframe, and that it would be disproportionate, inefficient, and unjust for the parties to advance this action while the legal principles are being addressed in another proceeding. I agree. I am satisfied that it is in the interests of justice to put this matter in abeyance.

[4] I order that this action is placed in abeyance. There are no costs of this motion. Order to go in accordance with the draft Order filed and signed by me.

DATE: APRIL 26, 2021