The defendant First Nation brought a motion to set aside a consent judgment of $1.6 million obtained by the plaintiff for mould remediation work.
The defendant alleged the judgment was obtained by fraud, claiming the work was not done and the former Chief lacked authority to enter into the contract or consent to judgment.
The court dismissed the motion, finding the defendant failed to prove fraud on a balance of probabilities and that the former Chief had ostensible authority to bind the defendant.
