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An action against the Crown for failing to resolve an Indigenous land claim was struck.
A self-represented plaintiff sought damages for financial losses allegedly caused by uncertainty regarding his corporation's land ownership due to an unresolved Indigenous land claim by Six Nations against Canada and Ontario.
The defendants brought cross-motions to strike the claim.
The court dismissed the action on multiple grounds: the proceeding was a nullity against Ontario due to failure to provide the mandatory 60-day notice required by the Crown Liability and Proceedings Act, 2019; the claim was plainly and obviously statute-barred under the Limitations Act, 2002; and the plaintiff failed to establish a cognizable cause of action in negligence or breach of fiduciary duty against either defendant.
The court also dismissed the plaintiff's motion to amend the pleadings to add corporate plaintiffs.
Costs of leave to appeal motions fixed separately after being inadvertently omitted from main appeal costs.
Following a successful appeal, the appellant sought clarification on whether the $85,000 costs award included the costs of the respondents' motions for leave to appeal to the Divisional Court.
The Court of Appeal confirmed that these costs were inadvertently omitted and fixed them at $22,000 and $12,000 respectively.
The court declined to determine the scale of costs for the underlying summary judgment motions, leaving that issue to the motion judge.
