PRACTICE |
Parties |
Standing |
Shubenacadie Indian Band v. Canada (Attorney General)
A-585-01
2002 FCA 509, Evans J.A.
17/12/02
5 pp.
Appeal from order of Motions Judge dismissing motion by Crown to strike Union of Nova Scotia Indians (UNSI) and Confederacy of Mainland Mi'kmaq (CMM) as defendants in action--First issue whether party who is joined to judicial review application as respondent entitled to be defendant when proceeding converted to action--Once application converted to action, proceeding governed by rules pertaining to actions--Motions Judge erring in law if dismissed Crown's motion simply because UNSI and CMM added as respondents when proceeding still application for judicial review--Second issue whether UNSI and CMM properly joined as defendants, regardless of status in application for judicial review--Not proper defendants as statement of claim disclosing no cause of action, relief, or allegations against them--Also not clear Federal Court having jurisdiction over UNSI and CMM-- UNSI and CMM may have relevant evidence and interest in case but neither sufficient to join them as necessary defendants--Only reason making it necessary to make person party to action so that he will be bound by result--Question to be settled must be such that cannot be effectually, completely settled unless he is party--Neither UNSI, CMM necessary party--Appeal allowed--Federal Court Rules, 1998, SOR/98-106, r. 300 (as am. by SOR/2002-417, s. 18)--Federal Court Act, R.S.C., 1985, c. F-7, s.18.4(2) (as enacted by S.C. 1990, c. 8, s. 5).