Sawridge Band v. Canada
T-66-86
Hugessen J.
20/1/99
6 pp.
Severance-Motions for orders to strike one Wayne Roan as plaintiff and to sever trials herein-Motions allowed-Fact uncontradicted evidence Band on behalf of whom Roan seeking to assert rights has specifically resiled from participation in action, and that rights asserted communal in nature and not susceptible of individual exercise and, indeed, not asserted as such in statement of claim, lead to conclusion that Roan not proper party to be plaintiff and that to allow him to continue as such would be abuse of process of Court-As to severance, now clear that claims for Aboriginal and treaty rights both Band specific and fact specific-Aboriginal rights not general and universal; their scope and content must be determined on caseby-case basis: R. v. Van Der Peet, [1996] 2 S.C.R. 507-Even though Federal Court Rules, 1998 very liberal in treatment of joinder of parties and causes of action, right to join subject to overriding discretionary power of Court to sever where hearing of two or more claims or parties in single proceeding would cause undue complication or delay or would prejudice party (r. 106)-Joinder herein would cause undue complication and delay, and claims of two remaining Bands ordered to be separately asserted-Federal Court Rules, 1998, SOR/98-106, r. 106.