Case information
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30890
God's Lake First Nation a.k.a. God's Lake Band v. McDiarmid Lumber Ltd.
(Manitoba) (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) |
|---|---|---|
| 2007-05-09 | Appeal closed | |
| 2007-05-09 | Certificate of taxation issued to, Gowling Lafleur Henderson | |
| 2007-05-03 | Decision on the bill of costs, (taxed in the amount of $6,990.78), Reg | |
| 2007-05-02 | Submission of the bill of costs, Reg | |
| 2007-04-30 | Correspondence received from, Mr. Mercury dated Aprl 27/07 re: in response to our request for invoices | McDiarmid Lumber Ltd. |
| 2007-04-25 | Response to the bill of costs, (Letter Form), from D. Chicoine dated April 25, 2007 (fax copy) re: further response, Completed on: 2007-04-25 | God's Lake First Nation a.k.a. God's Lake Band |
| 2007-03-30 | Response to the bill of costs, (Letter Form), from D. Chicoine dated March 30, 2007 (fax copy), Completed on: 2007-03-30 | God's Lake First Nation a.k.a. God's Lake Band |
| 2007-03-20 | Bill of costs, Completed on: 2007-05-08 | McDiarmid Lumber Ltd. |
| 2007-02-21 | Record returned to the Registrar of the Court of Appeal | |
| 2007-01-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-01-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-01-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-12-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-12-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-12-15 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Manitoba, Number AI04-30-05953, 2005 MBCA 22, dated February 14, 2005, heard on April 20, 2006 is dismissed with costs, Binnie, Fish and Abella JJ. dissenting. Dismissed, with costs |
|
| 2006-05-02 | Transcript received, (91 pages) | |
| 2006-04-20 | Judgment reserved OR rendered with reasons to follow | |
| 2006-04-20 | Acknowledgement and consent for video taping of proceedings | |
| 2006-04-20 |
Hearing of the appeal, 2006-04-20, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-04-20 | Supplemental document, Intervener's condensed book - 14 copies - distributed in Court. | Attorney General of Canada |
| 2006-04-20 | Supplemental document, Intervener's Book of Excerpts and Summary of oral argument - 14 copies - distributed in Court. | The Assembly of First Nations |
| 2006-04-20 | Respondent's condensed book, 14 copies - distributed in Court. | McDiarmid Lumber Ltd. |
| 2006-04-20 | Appellant's condensed book, 14 copies - distributed in Court. | God's Lake First Nation a.k.a. God's Lake Band |
| 2006-04-11 | Supplemental document, from Lang Michener re: Tab 29 of the book of authorities that was not included - Document: The Canadian Fur Trade in the Industrial age. (sent to the judges April 13/06) | Manitoba Keewatinook Ininew Okimowin |
| 2006-04-11 | Book of authorities, Replacement pages for book of authorities filed March 29/06., Completed on: 2006-04-11 | Manitoba Keewatinook Ininew Okimowin |
| 2006-04-10 | Notice of appearance, George J. Orle, Q.C., Daryl A. Chicoine will be appearing. | God's Lake First Nation a.k.a. God's Lake Band |
| 2006-04-06 | Notice of appearance, Michael Jerch and Louis Harper will be appearing. | Manitoba Keewatinook Ininew Okimowin |
| 2006-04-06 | Notice of appearance, Graham R. Garton, Q.C. and John S. Tyhurst will be appearing. | Attorney General of Canada |
| 2006-04-04 | Notice of appearance, Jack R. London and Bryan Schwartz will be present at the hearing. | The Assembly of First Nations |
| 2006-04-03 | Notice of appearance, Betty A. Johnson and James A. Mercury will be appearing. | McDiarmid Lumber Ltd. |
| 2006-03-29 | Book of authorities, (proof of delivery to follow), Completed on: 2006-03-29 | Attorney General of Canada |
| 2006-03-29 | Intervener's factum, (Proof of delivery rec'd Apr. 3/06), Completed on: 2006-03-29 | Attorney General of Canada |
| 2006-03-29 | Book of authorities, Completed on: 2006-03-29 | The Assembly of First Nations |
| 2006-03-29 | Intervener's factum, (CD to follow - Rec'd March 30, 2006), Completed on: 2006-03-30 | The Assembly of First Nations |
| 2006-03-29 | Book of authorities, Completed on: 2006-03-29 | Manitoba Keewatinook Ininew Okimowin |
| 2006-03-29 | Intervener's factum, (CD to follow - Rec'd March 30, 2006), Completed on: 2006-03-30 | Manitoba Keewatinook Ininew Okimowin |
| 2006-03-29 |
Order by, F, FURTHER TO THE ORDER of Fish J. dated March 14, 2006, granting leave to intervene to the Attorney General of Canada, the Assembly of First Nations and the Manitoba Keewatinook Ininew Okimowin; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-03-20 | Correspondence received from, Cynthia Ferris dated March 16/06 re: request of documents | Attorney General of Canada |
| 2006-03-15 | Letter sent to Intervener(s) | |
| 2006-03-15 | Appeal perfected for hearing | |
| 2006-03-14 | Respondent's book of authorities, Completed on: 2006-03-14 | McDiarmid Lumber Ltd. |
| 2006-03-14 | Respondent's record, Completed on: 2006-03-14 | McDiarmid Lumber Ltd. |
| 2006-03-14 | Respondent's factum, Completed on: 2006-03-14 | McDiarmid Lumber Ltd. |
| 2006-03-14 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2006-03-14 |
Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before March 29, 2006. The motion for leave to intervene of the applicant, Assembly of First Nations, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before March 29, 2006. The motion for leave to intervene of the applicant, Manitoba Keewatinook Ininew Okimowin, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before March 29, 2006. The motion to file an affidavit including fresh evidence in the form of historical documents of which the Court can take judicial notice, is dismissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions. Allowed in part |
|
| 2006-03-14 | Submission of motion for leave to intervene, F | |
| 2006-03-10 | Notice of hearing sent to parties | |
| 2006-03-10 |
Appeal hearing scheduled, 2006-04-20, Previously May 18/06 and Apr. 13/06 Judgment reserved |
|
| 2006-02-24 | Reply to the motion for leave to intervene, (Letter Form), from Michael Jerch dated Feb. 23/06, Completed on: 2006-02-24 | Manitoba Keewatinook Ininew Okimowin |
| 2006-02-23 | Reply to the motion for leave to intervene, (Letter Form), from Pitblado dated Feb. 23/06 (intervention of Assembly of First Nation), Completed on: 2006-02-23 | The Assembly of First Nations |
| 2006-02-22 | Response to the motion for leave to intervene, (Letter Form), from Orle Davidson dated Feb. 22/06 (by all interveners), Completed on: 2006-02-22 | God's Lake First Nation a.k.a. God's Lake Band |
| 2006-02-21 | Response to the motion for leave to intervene, (Letter Form), from Aikins dated Feb. 21/06 (by all interveners), Completed on: 2006-02-21 | McDiarmid Lumber Ltd. |
| 2006-02-16 | Motion for leave to intervene, 3 copies - book form, Completed on: 2006-02-17 | Manitoba Keewatinook Ininew Okimowin |
| 2006-02-14 | Motion for leave to intervene, book form, Completed on: 2006-02-14 | The Assembly of First Nations |
| 2006-02-14 | Motion for leave to intervene, Completed on: 2006-02-14 | Attorney General of Canada |
| 2006-01-18 | Appellant's record, (Vol. 1 and 2), Completed on: 2006-01-18 | God's Lake First Nation a.k.a. God's Lake Band |
| 2006-01-18 | Appellant's book of authorities, Completed on: 2006-01-18 | God's Lake First Nation a.k.a. God's Lake Band |
| 2006-01-18 | Appellant's factum, (CD rec'd Jan. 19/06), Completed on: 2006-01-20 | God's Lake First Nation a.k.a. God's Lake Band |
| 2005-12-16 | Appeal court record, (1 box - joint with Trial Court record) | |
| 2005-10-26 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2005-10-26 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2005-10-14 | Submission of motion to state a constitutional question, CJ | |
| 2005-09-28 | Response to the motion to state a constitutional question, (book form), Completed on: 2005-09-28 | McDiarmid Lumber Ltd. |
| 2005-09-19 | Motion to state a constitutional question, Completed on: 2005-09-19 | God's Lake First Nation a.k.a. God's Lake Band |
| 2005-09-12 | Notice of appeal, Completed on: 2005-09-12 | God's Lake First Nation a.k.a. God's Lake Band |
| 2005-08-30 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-19 | Judgment on leave sent to the parties | |
| 2005-08-18 |
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 of Manitoba, Number AI 04-30-05953, 2005 MBCA 22, dated February 14, 2005, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2005-07-04 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-05-19 | Applicant's reply to respondent's argument, Completed on: 2005-05-19 | God's Lake First Nation a.k.a. God's Lake Band |
| 2005-05-10 | Respondent's response on the application for leave to appeal, Completed on: 2005-05-10 | McDiarmid Lumber Ltd. |
| 2005-04-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-04-15 | Application for leave to appeal, Completed on: 2005-04-15 | God's Lake First Nation a.k.a. God's Lake Band |
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 |
|---|---|---|
| God's Lake First Nation a.k.a. God's Lake Band | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McDiarmid Lumber Ltd. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| The Assembly of First Nations | Intervener | Active |
| Manitoba Keewatinook Ininew Okimowin | Intervener | Active |
Counsel
Party: God's Lake First Nation a.k.a. God's Lake Band
Counsel
Daryl A. Chicoine
280 Stradbrook Avenue
Winnipeg, Manitoba
R3L 0J6
Telephone: (204) 989-2760
FAX: (204) 989-2774
Email: gorle@odgb.mb.ca
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: McDiarmid Lumber Ltd.
Counsel
James A. Mercury
30th Flr., Commodity Exchange Twr.
360 Main St.
Winnipeg, Manitoba
R3C 4G1
Telephone: (204) 957-0050
FAX: (204) 957-0840
Email: baj@aikins.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
Graham R. Garton, Q.C.
234 Wellington Street, Room 1251
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4860
FAX: (613) 954-1920
Party: The Assembly of First Nations
Counsel
Bryan P. Schwartz
2500 - 360 Main Street
Winnipeg, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Manitoba Keewatinook Ininew Okimowin
Counsel
586 Broadway Avenue
Winnipeg, Manitoba
R3C 0W5
Telephone: (204) 774-8301
FAX: (204) 774-8349
Email: michael@jerchlaw.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Summary
Keywords
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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.
Native law - Commercial law - Contracts - Breach of contract - Remedies - Garnishment - Off reserve funds - Whether funds physically located off reserve subject to garnishment - Indian Act, R.S.C. 1985, c. I-6, ss. 87, 89, 90.
The God’s Lake First Nation, a Band that resides on a remote reserve in Northern Manitoba, receives funding from the federal government pursuant to Comprehensive Funding Arrangement (“CFA”). These monies are used by the Band to finance, inter alia, education, health and social services. The funding is advanced monthly by the government and deposited with a Winnipeg financial institution.
The Respondent, a construction supplies company, was unpaid for materials and services it provided to the Band over the course of several years. The parties entered into a consent judgment in February, 2003 in favour of the Respondent in the amount of $1.1 million. This judgment remained unpaid for several months, and the Respondent served a Notice of Garnishment on the Winnipeg bank, attaching the funds on deposit there. The Band sought the protection of ss. 89 and 90 of the Indian Act.
The motions judge held that the funds on deposit at the bank were protected from garnishment proceedings as they were deemed to be personal property on a reserve, after applying the connecting factors test. This decision was overturned on appeal and the fund was held to be subject to garnishment.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 02-01-29440
Applicant's motion to set aside a Notice of Garnishment pursuant to s. 89 or 2.90(1)(b) of the Indian Act resulted in order to prive additional proof as to what portion of the monies attached were received pursuant to a CFA and in the event of the
Court of Queen’s Bench of Manitoba
CI 02-01-29440
Applicant's motion to set aside a Notice of Garnishment granted
Court of Queen’s Bench of Manitoba
CI 02-01-29440, 2004 MBQB 156
Appeal dismissed
Court of Appeal of Manitoba
AI 04-30-05953, 2005 MBCA 22
Appeal allowed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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 613‑996‑7933 or at 1‑888‑551‑1185.
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