Date: 20040324
Docket: A-290-03
Citation: 2004 FCA 124
CORAM: NOËL J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
THE LOUIS BULL BAND and CHIEF HELEN BULL,
HENRY RAINE, NORMAN DESCHAMPS,
SIMON THREEFINGERS, SOLOMON BULL,
THERESA BULL, TERRENCE RAIN,
ELAINE ROASTING and JOSEPH DESCHAMPS,
the Chief and Councillors of the Louis Bull Band suing in
their representative capacityon behalf of all the members of
the Louis Bull Band
Appellants
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Heard at Ottawa, Ontario, on March 24, 2004.
Judgment delivered from the Bench at Ottawa, Ontario, on March 24, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20040324
Docket: A-290-03
Citation: 2004 FCA 124
CORAM: NOËL J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
THE LOUIS BULL BAND and CHIEF HELEN BULL,
HENRY RAINE, NORMAN DESCHAMPS,
SIMON THREEFINGERS, SOLOMON BULL,
THERESA BULL, TERRENCE RAIN,
ELAINE ROASTING and JOSEPH DESCHAMPS,
the Chief and Councillors of the Louis Bull Band suing in
their representative capacityon behalf of all the members of
the Louis Bull Band
Appellants
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on March 24, 2004)
NOËL J.A.
[1] This is an appeal from an Order of Snider J. reversing the decision of a prothonotary which allowed the appellants' motion to amend their statement of claim.
[2] We have come to the conclusion that the appeal cannot succeed.
[3] Without commenting on the other aspects of the decision under appeal, we endorse paragraph 30 of the reasons given by Snider J. and agree with her that the issue raised by the amendments are more appropriately dealt with in what the parties have broadly described as the 1993 action.
[4] The appeal will be dismissed with cost.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Appeal from an Order of the Federal Court dated June 12, 2003, Court File No. T-2171-98
DOCKET: A-290-03
STYLE OF CAUSE: The Louis Bull Band et al. v. Her Majesty the Queen
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: March 24, 2004
REASONS FOR JUDGMENT OF THE COURT: Noël J.A.
Evans J.A.
Pelletier J.A.
RENDERED FROM THE BENCH BY: Noël J.A.
APPEARANCES:
Ms. Sylvie Molat FOR THE APPELLANTS
Mr. Robert MacKinnon FOR THE RESPONDENT
SOLICITORS OF RECORD:
Dubuc/Osland
Ottawa, Ontario FOR THE APPELLANTS
Mr. Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
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