Date: 19980324
Docket: T-2327-97
BETWEEN:
ALEC CHINGEE, SHARON SOLONAS,
TANIA SOLONAS, ELIZABETH SOLONAS,
and PATRICK PRINCE in their capacity as Chief
and Councillors of the McLeod Lake Indian Band,
Plaintiffs,
- and -
HARRY CHINGEE, VICTOR CHINGEE, GILBERT CHINGEE,
THE MINISTER OF INDIAN AND NORTHERN AFFAIRS,
and THE ATTORNEY GENERAL OF CANADA,
Defendants.
REASONS FOR ORDER
NOËL, J.
[1] The order appealed from will not be disturbed. It has been authoritively established that discretionary orders of the Prothonotaries should not be overturned unless they are clearly wrong.1 The order in issue has not been shown to be based on wrong principles nor does it dispose of a question that is vital to the final disposition of the action.
[2] The appeal is dismissed with costs against the Applicants / Plaintiffs in any event of the cause.
(Sgd.) "Marc Noël"
Judge
Vancouver, British Columbia
March 24, 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
HEARING DATED: March 23, 1998
COURT NO.: T-2327-97
STYLE OF CAUSE: Alec Chingee, et al.
v.
Harry Chingee, et al.
PLACE OF HEARING: Vancouver, BC
REASONS FOR ORDER OF NOËL, J.
dated March 24, 1998
APPEARANCES:
Mr. Christopher Harvey for Plaintiff
Ms. Christine Sweet for Defendant
SOLICITORS OF RECORD:
Russell & DuMoulin
Vancouver, BC for Plaintiff
Ganapathi, Ashcroft
Vancouver, BC for Defendant
George Thomson for DIAND and AGC
Deputy Attorney General
of Canada
__________________