Date: 20030930
Docket: A-449-02
CORAM: ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
LOUISE MARTEL, MARY GROSS, DORA THOMSON, MONICA GLADEAU,
MILDRED BARIL, CORA ARNOLD, EMILY STOYKA, FLORA ANDERSON,
PATRICIA JONES, HAZEL FREEMAN, JOYCE P. COOK, SARAH SCHUG,
ELIZABETH PERROTT, NORA ORR, MARY MIERAU,
MARLENE COURTOREILLE, and JANICE WANDA LIGHTNING
(Plaintiffs)
SARAH SCHUG
Respondent (Applicant)
and
CHIEF OMEASOO, THE COUNCIL OF THE SAMSON BAND
and THE SAMSON BAND OF INDIANS,
Appellants (Respondents)
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA and
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondents (Respondents)
Heard at Edmonton, Alberta, on September 30, 2003.
Judgment delivered from the Bench at Edmonton, Alberta, on September 30, 2003.
REASONS FOR JUDGMENT OF: ROTHSTEIN J.A
CONCURRED IN BY: SEXTON J.A.
SHARLOW J.A.
Date: 20030930
Docket: A-449-02
CORAM: ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
LOUISE MARTEL, MARY GROSS, DORA THOMSON, MONICA GLADEAU,
MILDRED BARIL, CORA ARNOLD, EMILY STOYKA, FLORA ANDERSON,
PATRICIA JONES, HAZEL FREEMAN, JOYCE P. COOK, SARAH SCHUG,
ELIZABETH PERROTT, NORA ORR, MARY MIERAU,
MARLENE COURTOREILLE, and JANICE WANDA LIGHTNING
(Plaintiffs)
SARAH SCHUG
Respondent (Applicant)
and
CHIEF OMEASOO, THE COUNCIL OF THE SAMSON BAND
and THE SAMSON BAND OF INDIANS,
Appellants (Respondents)
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA and
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondents (Respondents)
REASONS FOR JUDGMENT
(Delivered from the Bench at Edmonton, Alberta, on September 30, 2003).
ROTHSTEIN J.A.
[1] We have not been persuaded that there has been any error by the Motions Judge that would justify this Court interfering with his decision to deal with the motion for summary judgment in writing and for granting summary judgment in favour of Sarah Schug.
[2] The appeal will be dismissed with costs to the respondent Sarah Schug only.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-449-02
(APPEAL FROM AN ORDER OF THE FEDERAL COURT, TRIAL DIVISION DATED JUNE 27, 2002, IN COURT FILE NO. T-2391-88)
STYLE OF CAUSE: CHIEF JIM OMEASOO et al v.
SARAH SCHUG et al
PLACE OF HEARING: Edmonton, AB
DATE OF HEARING: September 30, 2003
REASONS FOR JUDGMENT OF THE COURT: ROTHSTEIN, SEXTON, SHARLOW JJ.A.
DELIVERED FROM THE BENCH BY: ROTHSTEIN, J.A.
APPEARANCES:
|
Priscilla Kennedy |
FOR THE APPELLANT |
|
Terence P. Glancy |
FOR THE RESPONDENT (Sarah Schug) |
|
Kevin Kimmis |
FOR THE RESPONDENT (Crown) |
SOLICITORS OF RECORD:
|
Parlee McLaws, Edmonton, AB |
FOR THE APPELLANT |
|
Royal McCrum Duckett & Glancy, Edmonton, AB |
FOR THE RESPONDENT (Sarah Schug) |
|
Morris Rosenberg, Deputy Attorney General of Canada Ottawa, ON |
FOR THE RESPONDENT (Crown) |