Date : 20001108
Dockets : A-700-99
A-701-99
A-702-99
A-703-99
CORAM : DÉCARY J.A.
McDONALD J.A.
SEXTON J.A.
Docket: A-700-99
BETWEEN :
THE LOUIS BULL BAND and
CHIEF HELEN BULL, and others
Plaintiffs
(Appellants)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
(Respondent)
Docket : A-701-99
BETWEEN :
THE LOUIS BULL BAND and
CHIEF HERMAN ROASTING, and others
Plaintiffs
(Appellants)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
(Respondent)
Dockets : A-702-99
A-703-99
BETWEEN :
THE MONTANA BAND and
CHIEF LEO CATTLEMAN, and others
Plaintiffs
(Appellants)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
(Respondent)
Heard at Ottawa (Ontario) on Wednesday, November 8, 2000.
Judgment delivered from the Bench on Wednesday, November 8, 2000.
REASONS FOR JUDGMENT OF
THE COURT DELIVERED BY: DÉCARY J.A.
Date : 20001108
Dockets : A-700-99
A-701-99
A-702-99
A-703-99
CORAM : DÉCARY J.A.
McDONALD J.A.
SEXTON J.A.
Docket: A-700-99
BETWEEN :
THE LOUIS BULL BAND and
CHIEF HELEN BULL, and others
Plaintiffs
(Appellants)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
(Respondent)
Docket : A-701-99
BETWEEN :
THE LOUIS BULL BAND and
CHIEF HERMAN ROASTING, and others
Plaintiffs
(Appellants)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
(Respondent)
Dockets : A-702-99
A-703-99
BETWEEN :
THE MONTANA BAND and
CHIEF LEO CATTLEMAN, and others
Plaintiffs
(Appellants)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
(Respondent)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa (Ontario)
on Wednesday, November 8, 2000)
DÉCARY J.A.
[1] We have not been persuaded that the Case Managing Judge erred in the exercise of his discretion under Rule 385 of the Federal Court Rules, 1998 when he took the initiative, while denying a motion filed by the Crown to strike the 1999 actions, of ordering the consolidation of the 1993 and 1999 actions and the amendment of the statements of claim in the 1993 actions.
[2] The appeals will be dismissed with one set of costs.
[3] The reasons will be filed in each of Court Files A-700-99, A-701-99, A-702-99 and A-703-99.
"Robert Décary"
J.A.
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