Date: 19980910
Docket: T-307-96
BETWEEN:
CHIEF HARVEY BAPTISTE, DAVE BEARSPAW, DARCY DIXON,
REX DANIELS, JOHN LEFTHAND JR., CHIEF KEN SOLDIER,
FRANK CRAWLER, BRUCE LABELLE, MARGERY TWOYOUNGMEN,
CHIEF ERNEST WESLEY, IRBY CECIL, WATSON KAQUITTS,
CHARLIE ABRAHAM suing on their own behalf and on behalf of
all other members of the STONEY BAND, and CHIEF HARVEY BAPTISTE,
DAVE BEARSPAW, DARCY DIXON, REX DANIELS, JOHN LEFTHAND JR.
suing on their own behalf and on behalf of all other members of the
BEARSPAW BAND, and CHIEF KEN SOLDIER, FRANK CRAWLER,
BRUCE LABELLE, MARGERY TWOYOUNGMEN, suing on their own
behalf and on behalf of all the other members of the CHINIKI BAND,
and CHIEF ERNEST WESLEY, IRBY CECIL, WATSON KAQUITTS,
CHARLIE ABRAHAM suing on their own behalf and on behalf of all other
members of the WESLEY BAND and the said STONEY BAND,
Plaintiffs,
- and -
HER MAJESTY THE QUEEN in Right of Canada as represented
by the Minister of Indian and Northern Affairs and the Minister of
the Environment,
Defendants,
- and -
LESLIE E. BANNERT carrying on business as Cripple Creek
Logging and CRIPPLE CREEK LOGGING, EVA BAPTISTE,
HARVEY BAPTISTE, NORMAN BAPTISTE, DAVID BEARSPAW,
OLLIE BENJAMIN, JOHN BRENNAN, PAT TOTH and LEO
MOISIER carrying on business under the name and style of
Ghost River Forest Products and GHOST RIVER FOREST
PRODUCTS, CANADIAN FOREST PRODUCTS LTD., CLAN
LOGGING (1995) LTD., COLUMBIA RIVER RANCHES LTD.,
CONRAD CRAWLER, GILBERT CRAWLER, STEVE CROMBIE,
FLOYD DANIELS and DIANE DANIELS, DARCY DIXON, DONALD
DIXON, LAWRENCE DIXON, DOWNIE STREET SAWMILLS LTD.,
CURTIS EAR, EAST WEST COMMODITIES LTD., ELITE
TRANSPORTATION INC., EMPORIUM INVESTMENTS LTD.,
ENCAMPMENT CREEK LMBR. LTD., EVANS FOREST PRODUCTS
LTD., GORMAN BROTHERS LUMBER, AUDREY HUNTER,
INTERNATIONAL FOREST PRODUCTS LIMITED, CURRIE
JACKSON, JAFFRAY LOGGING LTD., MARY KOOTENAY,
RALPH KOOTENAY, RUDY LABELLE, MARDIS LOGGING CO. LTD.,
MILLIGAN BROTHERS CONTRACTING LTD., MURRAY HILLSON
LOGGING LTD., PANORAMA TRANSPORTATION INC.,
POPE & TALBOT LTD., RAQUEL POUCETTE, R. & R. TRUCKING
CO. LTD., VIVIAN RIDER and NORMAN LEONARD (also known
as NORMAN COMEAU) carrying on business as N. Leonard Holdings Ltd. and
N. LEONARD HOLDINGS LTD., SALEKIN & ASSOCIATES LTD.,
SLOCAN FOREST PRODUCTS LTD., TOLKO INDUSTRIES LTD.,
MERLE VAN LOON, PETER DENARDI, RUTH WATRIN and GORDON HAUGER
carrying on business under the firm name and style of Van Loon Post & Poles
and VAN LOON POST & POLES, GERRY WEIR carrying on business
under the firm name and style of Morley Sawmill and MORLEY
SAWMILL, LAZARUS WESLEY and LENNY WESLEY carrying on business
under the firm name and style of Buck Mountain Holdings and BUCK
MOUNTAIN HOLDINGS, LENNY WESLEY, WEST FRASER MILLS LTD., WESTWOOD FIBRE LTD., WHISKEY JACK LOGGING LTD.,
W.M. DIAMOND CONTRACTORS LTD., 2424 HOLDINGS LTD.,
Third Parties.
REASONS FOR ORDER
MR. JOHN A. HARGRAVE,
PROTHONOTARY
[1] The proceedings in this matter are held in abeyance until 31 March 1999, pursuant to an Order of 11 August 1998. Thus the motion of the third party, Salekin & Associates Ltd. to have Shelley E. Mabbott removed as solicitor of record is adjourned, sine die, but may be reset by letter request, after 31 March 1999.
[2] Counsel is reminded that to enable a company to be represented by a lay person not only must the authorizing company be impecunious, but that impecuniosity must also extend to the principle shareholder of the company: Source Services Corporation v. Source Personnel Inc. (1996) 105 F.T.R. 42 at 43 and 45.
(Sgd.) "John A. Hargrave"
Prothonotary
Vancouver, British Columbia
10 September 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT NO.: T-307-96 |
| STYLE OF CAUSE: Chief Harvey Baptiste and others |
| v. |
| HMQ and others |
| REASONS FOR ORDER OF: JOHN A. HARGRAVE, PROTHONOTARY |
| dated September 10, 1998 |
SOLICITORS OF RECORD:
| Mr. B. Armstrong on behalf of Third Party |
| Lawson Lundell Lawson & McIntosh (Canadian Forest Products Ltd.) |
| Mr. K. Luft on behalf of Third Party |
| Beaumont Church (R. & R. Trucking Co. Ltd.) |
| Mr. C. Willms on behalf of Third Party |
| Russell & DuMoulin |
| Mr. R. Switzer on behalf of Third Party |
| Ladner Downs (International Forest Products Ltd.) |
| Ms. K. Metcaffe on behalf of Third Party |
| McLennan Ross |
| Mr. T. Davies on behalf of Third Party |
| Alexander Holburn Beaudin & Lang (Downie Street Sawmills Ltd.) |
| Ms. H. Treacy on behalf of Third Party |
| Milner Fenerty (Emporium Investments Ltd.) |
| Mr. G. Meagher on behalf of the Plaintiffs |
| Walsh Wilkins |
| Ms. D. Purcell on behalf of Third Party |
| Sisson Warren Sinclair |
| Mr. P. Hodgkinson on behalf of the Defendant |
Department of Justice Canada