Case information
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37772
Ontario Federation of Anglers and Hunters, et al. v. Minister of Natural Resources and Forestry, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-12-07 | Close file on Leave | |
| 2018-12-06 | Certificate of taxation issued to, Peter W. Hutchins | |
| 2018-12-06 |
Decision on the bill of costs, joint with 37773 Reasons for the decision on taxation issued by the Registrar, Roger Bilodeau, on December 6, 2018. , in the amount of $5,672.59 |
|
| 2018-12-06 | Submission of the bill of costs | |
| 2018-07-26 | Reply to the bill of costs, (Letter Form), Completed on: 2018-07-26 | Alderville First Nation |
| 2018-07-19 | Response to the bill of costs, (Letter Form), (joint with 37773), Completed on: 2018-07-19 | Ontario Federation of Anglers and Hunters |
| 2018-07-10 | Bill of costs, (Letter Form), (Joint with 37773), Completed on: 2018-07-10 | Alderville First Nation |
| 2018-04-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-04-13 | Judgment on leave sent to the parties | |
| 2018-04-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M47463, dated July 21, 2017, is dismissed with costs on a solicitor- client basis to the respondents, the Alderville First Nation, the Beausoleil First Nation, the Chippewas of Georgina Island First Nation, the Mnjikaning First Nation, the Curve Lake First Nation, the Hiawatha First Nation and the Mississaugas of Scugog Island First Nation. Dismissed, costs on a solicitor client basis |
|
| 2018-03-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-11-09 | Applicant's reply to respondent's argument, (Book Form), Reply to the Minister of Natural Resources and Forestry, Completed on: 2017-11-09 | Ontario Federation of Anglers and Hunters |
| 2017-11-01 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-11-01 | Alderville First Nation |
| 2017-11-01 | Certificate (on limitations to public access), (Letter Form) | Alderville First Nation |
| 2017-11-01 | Notice of name, (Letter Form) | Alderville First Nation |
| 2017-10-27 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-10-27 | Minister of Natural Resources and Forestry |
| 2017-10-02 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-10-02 | |
| 2017-09-28 | Certificate (on limitations to public access) | Ontario Federation of Anglers and Hunters |
| 2017-09-28 | Notice of name | Ontario Federation of Anglers and Hunters |
| 2017-09-28 | Application for leave to appeal, (Book Form), Decision M47463, Completed on: 2017-09-28 | Ontario Federation of Anglers and Hunters |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Ontario Federation of Anglers and Hunters | Applicant | Active |
| Lombardo, Angelo | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Natural Resources and Forestry | Respondent | Active |
| Alderville First Nation | Respondent | Active |
| Beausoleil First Nation, Chippewas of Georgina Island First Nation, Mnjikaning First Nation, Curve Lake First Nation, Hiawatha First Nation, Mississaugas of Scugog Island First Nation | Respondent | Active |
Counsel
Party: Ontario Federation of Anglers and Hunters
Counsel
Marie-France Major
700 Bay Street, Suite 2000
Toronto, Ontario
M5G 1Z6
Telephone: (416) 929-2200
FAX: (416) 929-2192
Email: danson@drlitigators.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Lombardo, Angelo
Counsel
Marie-France Major
700 Bay Street, Suite 2000
Toronto, Ontario
M5G 1Z6
Telephone: (416) 929-2200
FAX: (416) 929-2192
Email: danson@drlitigators.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Minister of Natural Resources and Forestry
Counsel
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4155
FAX: (416) 326-4181
Email: sara.blake@jus.gov.on.ca
Party: Alderville First Nation
Counsel
William B. Henderson
424 Saint-François-Xavier
Montréal, Quebec
H2Y 2S9
Telephone: (514) 849-2403
FAX: (514) 849-4907
Email: phutchins@hutchinslegal.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Beausoleil First Nation, Chippewas of Georgina Island First Nation, Mnjikaning First Nation, Curve Lake First Nation, Hiawatha First Nation, Mississaugas of Scugog Island First Nation
Counsel
William B. Henderson
424 Saint-François-Xavier
Montréal, Quebec
H2Y 2S9
Telephone: (514) 849-2403
FAX: (514) 849-4907
Email: phutchins@hutchinslegal.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Summary
Keywords
Civil procedure — Costs — Substantial indemnity costs — Whether it is an error in principle to substitute the “reprehensible” or “egregious” conduct test with a “plain and obvious” test, thereby permitting elevated substantial indemnity costs absent any misconduct.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In the course of lengthy litigation between the Williams Lake First Nations and the governments of Canada and Ontario in respect of rights flowing from two 1923 Treaties covering large areas of Ontario (the “Alderville action”), the governments had amended its pleadings to state that they did not seek the surrender of all of the First Nations’ pre-existing treaty rights to hunt, fish, trap and gather in the lands, and Ontario issued an Interim Enforcement Policy (“IEP”) which permits, with limited exceptions, the First Nations to hunt and fish for food, social and ceremonial purposes in their traditional territories. The Federation commenced a judicial review of the decision to issue the IEP seeking a declaration that the Minister of Natural Resources and Forestry has a legal duty to enforce legislation and regulations governing conservation, hunting and fishing that, but for the IEP, would apply to the First Nations.
The Williams Treaties First Nations applied under Rule 5 of the Rule of Civil Procedure for an order adding them as party respondents in the judicial review proceeding. Ontario, a respondent on the main file but not on this application, consented, but the Ontario Federation of Anglers and Hunters argued that the First Nations’ motion should be dismissed in its entirety. The motions judge granted the First Nations full party status, and awarded costs on a substantial indemnity basis against the Federation. The Federation’s motion for judicial review was dismissed, as was its application for leave to appeal to the Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
318/15, 2015 ONSC 7969
Motion to add Williams Treaties First Nations as parties granted
Ontario Superior Court of Justice
318/15, 2017 ONSC 441
Motion for judicial review dismissed
Court of Appeal for Ontario
M47463
Application for leave to appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available