PRACTICE |
Case Management |
Sawridge Band v. Canada
A-65-99
2001 FCA 339, Rothstein J.A.
7/11/01
6 pp.
Appeal from Hugessen J.'s order ((1999), 164 F.T.R. 95) as case management judge (a) ordering claims of Sawridge, Sarcee Bands be proceeded with separately, (b) striking Wayne Roan, all other members of Ermineskin Band from style of cause, removing them as plaintiffs--Questions of joinder, severance quintessential subject-matters of case management--Such questions to be decided by exercise of discretion by case management judge familiar with proceedings--On appeal, Court will interfere with such decisions only where clear misuse of judicial discretion demonstrated--No such misuse of discretion demonstrated herein--Hugessen J. considering separate issues more important, burdensome than common issues, will occupy more trial time than common issues-- Appellants not demonstrating error in exercise of discretion by case management judge that would warrant interference by Court--Striking of Roan claim occasioned by notice of discontinuance filed by Ermineskin Indian Band--No evidence before Hugessen J. of two, more individuals on whose behalf representative action brought--Roan failing to provide evidence of compliance with r. 114--On evidence, requirements for representative action not met, claim properly struck--Appeal dismissed--Federal Court Rules, 1998, SOR/98-106, r. 114.