Date: 20010427
Docket: A-181-99
Citation: 2001 FCA 129
CORAM: ROTHSTEIN, J.A.
BETWEEN:
CHIEF JIM OMEASOO, THE COUNCIL OF THE SAMSON BAND
and THE SAMSON BAND OF INDIANS,
Appellants (Defendants)
- and -
LOUISE MARTEL, MARY GROSS, DORA THOMSON, MONICA GLADEAU,
MILDRED BARIL, CORA ARNOLD, EMILY STOYKA, FLORA ANDERSON,
PATRICIA JONES, HAZEL FREEMAN, JOYCE P. COOK, SARAH SCHUG,
ELIZABETH PERROTT, NORA ORR, MARY MIERAU,
MARLENE COURTOREILLE, and JANICE WANDA LIGHTNING
Respondents (Plaintiffs)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA and
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondents (Defendants)
[1] We are not persuaded that the Motions Judge erred in striking paragraphs 1(a), (b) and (t) of the Third Party Claim and paragraph (b) from the prayer for relief. We agree with the comments in paragraph 5 of his reasons that the Third Party Claim as written discloses no cause of action by the Appellants against the Crown that would support a claim for damages. This appeal will be dismissed with costs.
"Karen R. Sharlow"
J.A.
EDMONTON, Alberta
April 27th, 2001.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-181-99
STYLE OF CAUSE: Chief Jim Omeasoo et al. v.
Her Majesty the Queen et al.
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: April 27th , 2001
REASONS FOR JUDGMENT BYSHARLOW, J.A.
CONCURRED IN BY: NOËL, J.A.
SHARLOW, J.A.
DATED: April 27th, 2001
APPEARANCES:
Priscilla E. Kennedy for the Appellants
Patrick G. Hodgkinson for the Respondent
SOLICITORS OF RECORD
Parlee McLaws for the Appellants
Royal, McCrum, Duckett
& Glancy for the Respondent
Morris Rosenberg for the Respondent
Deputy Attorney General
of Canada