Martel v. Samson Band of Indians
T-2391-88
Hugessen J.
17/9/98
5 pp.
Motion to amend statement of defence filed by defendant Samson Band-Action started in 1988-Only two of original seventeen plaintiffs remaining in action asserting claim against Band-Others have either died or discontinued action against Band-Proposed amendments to statement of defence far reaching as asserting claim of nationhood on part of Band-When considering whether to allow amendment most important test that of possible prejudice to parties in allowing or not amendment-Proposed amendments if granted will add substantially to time required not only to make case ready for trial but also to time of trial itself-Will substantially increase danger of plaintiffs never realizing fruits of action-Mortality, attrition by other means serious risk-Unless judgment rendered in Band's favour plaintiffs enjoy presumption of validity and presumptive status as registered members of Band-Plaintiffs Stoyka and Schug elderly women in indifferent health, of modest means-To deprive them of per capita payments which are their due as members of Band likely to cause them irreparable harm-No prejudice caused to Band if it recognizes at least some of rights to which status entitles plaintiffs-Proposed amendments allowed with exception of amendment to prayer for relief in paragraph 9 of statement of defence, on terms which will require Band to pay to plaintiffs Stoyka and Schug all per capita payments whether capital or revenue payable to Band members-Plaintiffs accountable for such payments-Proposed amendment to prayer for relief in paragraph 9 refused without prejudice to Band's right to move for leave to bring third party claim for declaration against Crown.