Date: 20000626
Docket: T-2182-98
EDMONTON, ALBERTA, MONDAY, THE 26TH DAY OF JUNE, 2000.
PRESENT: THE HONOURABLE MADAM JUSTICE REED
BETWEEN:
Plaintiff
- and -
THE SAMSON CREE NATION and
PEACE HILLS TRUST COMPANY
Defendants
ORDER AND REASONS FOR ORDER
UPON Notice of Motion on behalf of the Applicant, The Samson Cree Nation, filed the 19th day of June, 2000, pursuant to Rules 230 and 223 of the Federal Court Rules, 1998, for:
| 1. An Order that the Samson Cree Nation is relieved from production for inspection of documents 11, 30, 31 and 33 listed in the Affidavit of Documents of the Samson Cree Nation; |
| 2. An Order that the Peace Hills Trust Company is relieved from production for inspection of all documents listed in the Affidavit of Documents of the Peace Hills Trust Company; |
| 3. An Order allowing for the enlargement of time to comply with Justice Blais's Order dated April 12, 2000; |
| 5. Such further and other Orders as this Honourable Court deems necessary. |
REASONS FOR ORDERS
[1] The documents referred to in paragraph one of the motion were identified as documents relevant to this litigation in the affidavits of documents filed by both the Samson Cree Nation and the Peace Hills Trust Company.
[2] No affidavit has been filed stating that they are not relevant to the action. The Peace Hills Trust Company has not appeared to contest the disclosure by it of the documents.
[3] Counsel for the plaintiff asserts that the documents are relevant to both the issue of the membership of the plaintiff in the Samson Cree Nation, and to any funds that he may be owed.
[4] With respect to the reliance on Rule 230, no assertion is made that the production of the documents would be onerous for the parties, nor is there evidence to support the contention that disposition of the issues of membership and the consequent payment of funds that would be owed will be separated in time in such a way as to justify an exemption from the obligation to disclose the documents at this stage (e.g. this is not a case where liability and damages have been severed and the determination of the latter postponed until there has been a determination of the former). In this case, the membership issue and the consequences thereof, if such is found to exist, are scheduled to be heard together, and as counsel for the plaintiff states, there is reason to believe they are intertwined.
[5] The commencement of discoveries having been delayed as a result of the filing of this motion by the defendant, the Samson Cree Nation, and Mr. Justice Blais having ordered that discoveries were to be completed by August 31, 2000, I agree that an extension of time for their completion (an extension agreed to by both parties) should be granted. Mr. Justice Blais' order that a requisition for a pre-trial conference should be filed by September 15, 2000, will also be amended.
ORDER
It is hereby ordered that:
| 1. Paragraphs one (1) and two (2) of the motion are dismissed. |
| 2. Mr. Justice Blais' order, dated April 12, 2000, is amended to require the completion of discoveries by September 29, 2000, and the filing of a requisition for a pre-trial conference by October 15, 2000. |
| 3. The plaintiff shall recover his costs of the motion from the defendant, Samson Cree Nation, in any event of the cause. |
"B. Reed"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-2182-98
STYLE OF CAUSE: Larry Joel Bruno-Herman
v. The Samson Cree Nation
and Others
ORDER AND REASONS FOR ORDER: Reed, J.
DATE: June 26th, 2000
APPEARANCES:
Christopher Rickards for the Plaintiff
Diana Kwan for the Defendant
The Samson Cree Nation
SOLICITORS OF RECORD:
Johnston Ming
Edmonton, Alberta for the Plaintiff
Parlee McLaws
Edmonton, Alberta for the Defendant
The Samson Cree Nation
Ogilvie & Company for the Defendant
Edmonton, Alberta Peace Hills Trust Company
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