PRACTICE |
Pleadings |
Motion to Strike |
Rigby v. Canada (Minister of Indian Affairs and Nothern Development)
T-131-00, T-4-00
Pinard J.
20/6/00
7 pp.
Minister of Indian Affairs and Northern Development appealing two orders of Prothonotary Lafrenière--Applicants (Municipality of Chatham-Kent, Jack Rigby) seeking judicial review of Minister's alleged decision on December 23, 1999 to execute Settlement Agreement, Trust Agreement with Caldwell First Nation--Prothonotary dismissing Minister's motions to strike applicants' notices of application--Matter must be disposed of by Court exercising own discretion de novo on material before Prothonotary--Minister's motion before Prothonotary in both instances vital to final issue of case--Issue before Prothonotary interlocutory only because latter dismissed Minister's motions--Minister's motions to strike predicated on two arguments: Minister's decision not susceptible to judicial review, alternatively no decision--Relevant actual Settlement Agreement filed before Court by Minister in support of appeals not part of evidence before Prothonotary, therefore cannot be taken into account in disposing of appeals--Municipality, Rigby's position not so "clearly improper as to be bereft of any possibility of success"--Appeal dismissed.