PRACTICE |
Judgments and Orders |
Reversal or Variation |
Blueberry River Indian Band v. Canada (Department of Indian Affairs and Northern Development)
A-649-99
2001 FCA 69, Rothstein J.A.
19/3/01
5 pp.
Appeal by named present descendants of members of Beaver Band of Indians from October 1, 1999 order of Hugessen J. ([2000] 1 F.C. D-31) dismissing motion to set aside March 2, 1998 order--In appeal from order of Hugessen J. of April 7, 1999, Court determined S.C.C. judgment of December 14, 1995 did not have effect of determining entitlement of present descendants--Issue therefore not res judicata when matter came before Hugessen J.--Question of whether March 2, 1998 order of Hugessen J. had effect present descendants, Public Trustee say he gave it moot--Present descendants found to have no entitlement to any portion of order of $147 million, therefore adequacy, timing of amount set aside in trust fund also moot--When issue of entitlement of present descendants came to light, counsel brought it to Court's attention--No steps taken thereafter that would prejudice rights of present descendants--Argument based on equitable fraud groundless --Record demonstrating Court took several significant steps to recognize, safeguard interests of infants, persons under disability--Hugessen J. providing for wide public notice, opportunity for anyone who considered themselves present descendant to come forward--As result of notice, claims filed on behalf of 490 people, of which large proportion infant children represented by guardians ad litem--Court regularly granting extensions of time for infants who had missed deadlines for filing claims--Appeal dismissed.