Samson Indian Band v. Canada
A-442-95 / A-517-95 / A-256-96 / A-519-95 / A-535-95 / A-254-96 / A-521-95 / A-534-95 / A-252-96
Pratte J.A.
22/1/97
5 pp.
Appeals from orders dismissing Crown's application for production, discovery of documents relating to Bands' investment, spending patterns; needs, rates of return, investment strategies suitable for that part of funds held by Crown in Consolidated Revenue Fund; striking out paragraph of statement of defence alleging where plaintiffs making own investments of funds from capital or revenue accounts, not obtaining returns as favourable as that obtained on other funds left with Crown ((1995), 97 F.T.R. 119 (F.C.T.D.))-Appeals from orders concerning production, discovery dismissed for reasons given by Judge of first instance-Plaintiffs claiming entitled to damages for loss suffered by reason of Crown's failure to manage, invest monies held as fiduciary for their benefit-Samson Band and Enoch Band also asserting Crown ought to have paid them sums held for their benefit, and seeking mandatory injunction directing Crown to pay those monies-As statements of claim not disclosing basis for that demand, reasonable to assume founded not only on allegation of unconstitutionality of Indian Act, but also on provisions of Indian Act conferring on Crown discretion to transfer to Indian Bands administration of funds-That Band in past obtaining insufficient rate of return on investments consideration justifying Crown refusal to exercise discretion in favour of Band-Appeals against order striking paragraph of statement of defence to Samson, Enoch Bands' action allowed.