Allison v. Allison
T-1690-94
Hargrave P.
3/5/96
6 pp.
Practice-Motion to strike counterclaim on ground defendants did not utilize statutory appeal procedures for elections and thus did not utilize all remedies before coming to Federal Court-Action for declaration as to status of plaintiffs as chief and councillor of Lower Similkameen Indian Band following Band Council election-Defendants, in counterclaim, seeking declaration election null and void, saying election not in accordance with Band Council Election Regulations and ballots destroyed, with assistance of plaintiff Allison, one day before recount to be held-Motion dismissed-Plaintiffs estopped from moving to strike out herein as counterclaim filed nearly two years ago-Further, three other reasons to dismiss: (1) conflicting affidavit evidence on whether failure to exhaust election appeal remedies; (2) destruction of ballots by one of plaintiffs before recount might have prevented any Election Appeal Board from doing its job; (3) questionable whether pleading ought to be struck out where discretionary whether Trial Judge will allow remedy-In short, might well be within Trial Judge's discretion to award relief sought.