Tania Mitchell

The plaintiff, Six Nations of the Grand River Band of Indians, brought a motion to amend its statement of claim in a long-standing action concerning the Haldimand Tract.

The defendants did not oppose the amendments but sought extensive time to deliver responding expert reports.

The Attorney General of Canada brought a cross-motion to strike portions of the claim that pleaded breaches of duty 'by example'.

The court dismissed the cross-motion, finding that pleading by example was appropriate given the plaintiff's claim for a complete accounting.

The court granted the motion to amend and set a timeline for the defendants to deliver responding expert evidence, rejecting the defendants' request for a multi-year extension based on their internal retention processes.

Costs of $90,000 were awarded to the plaintiff.

A case management conference was held to address the parties' efforts to clarify the scope of the plaintiff's claims.

The plaintiff delivered a proposed amended statement of claim following demands for particulars and written interrogatories.

The defendants required additional time to review the proposed claim to determine consent, timetable impacts, and the scope of any necessary motions.

A further case management conference was scheduled to address these issues.

A case conference was held to address procedural issues arising from a prior endorsement in an Indigenous land claim action.

The court determined the content and scope of a notice to be delivered to Haudenosaunee communities, ruling that the defendants could state their position in the notice and that delivery would not be expanded to Treaty 18 and 19 beneficiaries to avoid undue complexity.

The court also held that no special communications protocol was necessary and declined to order the proposed intervener, Men's Fire, to deliver a pleading.

A case management conference was held in an Aboriginal land claim action to address procedural issues.

The defendants sought clarification of the plaintiff's claims following the delivery of the plaintiff's expert reports.

The court directed the defendants to deliver demands for particulars and written interrogatories, and the plaintiff to respond or amend its statement of claim.

The court also amended the timetable for the delivery of expert reports due to delays.

Finally, the court ordered that parties must not disclose unfiled expert reports to non-parties, other than retained or potential experts, without first raising the issue in case management.