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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.
The court adjourned a case conference to allow parties to resolve disputes over expert reports and trial length.
This endorsement from a case conference addresses procedural issues in a complex litigation, specifically disputes regarding the admissibility of expert reports and estimates of trial length.
The court noted progress in resolving these issues and scheduled a further case conference to revisit them and receive an update on an expert witness's health.
The court issued procedural directions regarding a pre-trial evidence motion, expert report deadlines, and trial scheduling.
This endorsement from a case conference addresses several procedural issues in a complex litigation.
It sets a timetable for a forthcoming motion by the Attorney General of Canada regarding the taking of evidence from certain witnesses before trial.
The court also noted Ontario's expected late delivery of expert reports, discussed the parties' differing estimates for trial length and scheduled a follow-up conference, and provided guidance on addressing concerns about trial presentation software (CaseLines).
The court issued procedural directions regarding expert evidence scheduling, trial timetables, and trial presentation software.
This endorsement from a case conference addresses several procedural issues in a complex litigation, including the taking of expert evidence before trial, Canada's missed deadline for an expert report, the appointment of pre-trial and trial judges, the use of trial presentation software, and Ontario's Crown immunity defence.
The court scheduled a motion for expert evidence and provided directions for parties to prepare a trial timetable and discuss judicial assistance.
The court set a litigation timetable prioritizing realistic deadlines and accommodating expert illness.
This case management conference endorsement addresses the timetable for a complex action, primarily focusing on the delivery of expert reports and amended pleadings.
The court resolved disagreements between the plaintiff, defendants, and intervener regarding deadlines for expert reports, particularly those from the Mississaugas of the Credit First Nation (MCFN) and experts who had been ill.
The court also set a deadline for Ontario's defence to Canada's cross-claim, prioritizing realistic timelines and efficiency over the plaintiff's desire for earlier closures.
Motion to amend statement of claim granted and cross-motion to strike pleadings by example dismissed.
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.
The court ordered Canada to pay $150,000 in interim costs for pre-trial expert examinations but awarded no costs for the motion.
The Attorney General of Canada brought a motion seeking leave to examine three expert witnesses before trial.
The parties largely resolved the motion, leaving the court to adjudicate the quantum of interim costs payable by Canada to the plaintiff (Six Nations of the Grand River Band of Indians) and the costs of the motion.
The court awarded the plaintiff $150,000 in interim costs to indemnify for financial prejudice due to duplicated work and early incurred expenses from the pre-trial examinations.
The court declined to award costs for the motion itself, finding that all parties had compromised their positions and no exceptional circumstances warranted a costs award.
The court denied the defendants' request to vacate expert report deadlines pending a pleadings motion.
This endorsement from a case management conference addressed the timing for the delivery of the defendants' expert reports and the scheduling of motions to amend and strike pleadings.
The defendants sought to vacate expert report deadlines, arguing new claims required new experts.
The court largely denied this, granting only a brief extension for expert reports to June 9, 2023, with an exception for an ill expert.
The court also granted leave for the defendants' cross-motion to strike portions of the pleading, ordering it to be heard concurrently with the plaintiff's motion for leave to amend on June 30, 2023, emphasizing the need to settle pleading propriety before summer.
The court scheduled a motion to amend pleadings and required specific justifications before extending the expert report deadline.
This case management conference addressed the plaintiff's proposed amended statement of claim and the defendants' request to vary the timetable for expert reports.
The court scheduled the motion to amend the statement of claim.
Regarding the expert reports, the court was prepared to consider an extension but required more specific information from the defendants regarding which reports needed expansion, why, and the estimated time required, rather than vacating the date outright.
A further case management conference was scheduled to address the expert report timetable.
Further case management conference scheduled to address proposed amendments to the statement of claim.
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.
Discovery timetable amended to allow additional time for written questions following late document production.
In a case management conference, the plaintiff requested an amendment to the Discovery Timetable to allow more time to deliver written questions arising from the recent production of approximately 4,000 additional documents by the defendant.
The defendants did not dispute the need for additional time but questioned the structure of the questioning stages.
The court granted the amendment, extending the deadlines for the delivery of follow-up written questions and answers, and maintained the remainder of the timetable.
Discovery timetable amended on consent; document production issue adjourned for further investigation.
A case management conference was held to address amendments to the discovery timetable and issues arising from the recent production of approximately 4,000 documents by the defendant.
On consent, the court amended the discovery timetable while maintaining the existing expert report timetable.
The conference was adjourned to allow the defendant to investigate and clarify which of the recently produced documents were new versus already produced.
Case management conference adjourned to allow parties to assess time needed to respond to written examination questions.
A case management conference was held to review the progress of the action.
The parties reported compliance with several steps in the established timetable, including the delivery of pleadings, supplementary affidavits of documents, and written examination questions.
However, due to the volume and scope of the written questions, the parties requested an adjournment to assess the time needed to respond.
The court adjourned the conference to allow the parties to confer and propose a variation to the timetable.
The court ordered a sequential timetable for the exchange of expert reports in a complex Indigenous land claim.
The 12th Case Management Conference addressed the timetable for expert reports and pleading amendments in a complex Indigenous litigation.
The Plaintiff sought a simultaneous exchange of expert reports, arguing for procedural reciprocity and efficiency.
The Defendants advocated for a sequential timetable, asserting it would allow them to better understand and respond to the Plaintiff's case, aligning with common practice in similar complex litigation.
The court adopted the Defendants' sequential timetable for expert reports, finding no basis to deviate from established practice in complex land claims.
The court also granted leave for the Plaintiff to amend its Statement of Claim, with the formal filing deferred due to COVID-19 court closures.
The court ordered a two-phase bifurcated trial structure and established a detailed timetable for trial preparation.
The 11th Case Management Conference addressed the trial process and timetable for a complex action involving historic evidence.
The parties agreed to a bifurcated trial but disagreed on the degree of bifurcation.
The plaintiff proposed a four-phase structure (two liability, two remedies/crossclaims), while the defendants proposed a two-phase structure (all liability in Phase 1, all remedies/crossclaims in Phase 2).
The court adopted the two-phase structure, finding it more efficient and less prone to inconsistencies, while reserving the right for parties to seek further refinement at the pre-trial stage.
A detailed timetable for pleadings, discovery, and documentary production was also established to keep the action on track for a 2022 trial.
