William R. MacLarkey

The Chippewas of Mnjikaning First Nation (MFN) appealed the dismissal of its action claiming a 35% share of net profits from Casino Rama.

MFN argued that its selection as the host site for the casino created a binding contract with Ontario based on its submitted proposal.

The Court of Appeal upheld the trial judge's findings that the site selection process did not constitute a binding tender or RFP process for revenue sharing, and that revenue sharing was intended to be negotiated separately among all First Nations.

The Court also rejected MFN's arguments regarding breach of fiduciary duty, misapprehension of the Aboriginal context, and reasonable apprehension of bias arising from the trial judge's interventions.

The appellants appealed an order of the motion judge regarding a harvest procedure on a game farm.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the harvest procedure was simply a hunt by another name.

Costs were awarded to the respondent in the amount of $9,000.

The applicant sought to set aside his expulsion from the YMCA, arguing he was denied natural justice because he was not given a hearing before being expelled for alleged public indecency in the men's shower.

The court dismissed the application, finding that the YMCA's by-laws permitted expulsion without a hearing when a member's conduct breached the law.

The court held that the YMCA acted in good faith, followed its own rules, and afforded the applicant adequate procedural fairness given the nature of the voluntary association and the prior warnings he had received.