Taylor George Russell Andreas

The decision addresses motions by the Attorney General of Canada and the Corporation of the City of Kenora to dismiss the Plaintiffs’ claim as statute-barred under Rule 21.01(1)(a) of the Rules of Civil Procedure.

The Plaintiffs, three Anishinaabe Nations, seek the return of or a declaration of trust over lands known as Anicinabe Park, alleging breaches of statutory, fiduciary, and constitutional duties by Canada and Kenora.

The Court finds that it is not plain and obvious, on the pleadings, that the lands were not reserve lands or that the claim does not arise from a treaty right.

As such, the Real Property Limitations Act does not clearly bar the claim, and the motions are dismissed.

This decision concerns a dispute over the legal and beneficial ownership of lands surrendered by several First Nations to Canada in 1908, known as the Unsold Surrendered Lands (USL), including the Point Park and associated roads in Fort Frances, Ontario.

The Town of Fort Frances sought summary judgment declaring it the owner of these lands or, alternatively, a public trust or entitlement to damages.

The First Nations, Canada, and Ontario opposed, seeking dismissal of the Town’s claims.

The court found that the Agency One Reserve was a validly created reserve, that the 1908 Order-in-Council (OIC) did not convey the USL to the Town by fee simple or public trust, and that the Town’s claims to the lands, roads, and damages were without merit.

The Town’s motion was dismissed, and the counterclaim struck.

The Attorney General of Canada brought a motion for security for costs against Telecore, a corporate plaintiff, in a procurement action.

The court considered whether the AGC required leave to bring the motion, the sufficiency of Telecore’s assets, and whether Telecore was impecunious.

The court found Telecore to be impecunious but determined that the AGC’s delay in bringing the motion was not justified.

The motion for security for costs was dismissed, and no costs were awarded on the motion.

The applicant, a federal inmate, sought habeas corpus with certiorari in aid to challenge his reclassification from medium to maximum security and subsequent involuntary transfer.

The court found the Correctional Service of Canada's decision to be reasonable and procedurally fair, based on a holistic review of the applicant's conduct, including involvement in contraband importation and prior misconducts.

The application was dismissed, and the applicant was ordered to pay costs.