The Crown and Ontario First Nations entered into a revenue sharing agreement requiring the Crown to appoint a First Nations representative to the board of directors of the Ontario Lottery and Gaming Corporation (OLG).
When no appointment was made, First Nations sought arbitration.
The Crown and OLG moved to strike the claim, arguing the appointment was protected by Crown prerogative and non-justiciable.
The arbitration panel dismissed the motion and also allowed First Nations to withdraw its claim against OLG.
The Crown and OLG appealed both decisions.
The Superior Court dismissed the appeals, holding that the Crown prerogative could not be used to avoid a declaration that a contract had been breached, and that OLG was not a necessary party to the arbitration.
