ABORIGINAL PEOPLES
Action against Crown to recover share of proceeds paid out to parents as result of settlement between Crown, Oromocto Indian Band—Plaintiffs minors at time of distribution—As two of plaintiffs instituting action more than six years after reaching age of majority, their action time-barred—Subsidiarily, plaintiffs’ parents, as their legal guardians, had legal obligation to care for, manage proceeds received on their behalf—Duty of Crown, Band discharged when appropriate amounts received by parents—Indian Act, R.S.C., 1985, c. I-5, s. 52 not imposing duty on Minister to direct manner in which plaintiffs’ distribution shares administered, or to administer shares himself—No fiduciary relationship arising merely as result of Minister’s potential ability to act—Other bases for fiduciary duty also rejected—In any event, no relief available to plaintiffs as no damage established—Action dismissed.
Polchies v. Canada (T-715-03, 2007 FC 493, Tabib P., judgment dated 4/5/07, 39 pp.)