- Parties: The plaintiff was Liliana Kostic. The defendants included Dale McMullen, the Attorney General of Canada, His Majesty the King, and the Minister of Indian Affairs and Northern Development Canada.

- Subject Matter: In 2002, Piikani Nation, Canada, and Alberta settled litigation by way of a settlement agreement that provided Piikani with settlement funds of $64.3 million. Piikani appointed the plaintiff to manage portions of the settlement funds. In January 2007, her engagement was terminated. Before the Alberta Court of King’s Bench, Piikani commenced a November 2006 action against the plaintiff, while she initiated a third party claim, a wrongful termination claim against Piikani, and a wide-ranging claim. The plaintiff challenged three orders of an associate judge dated May 19, 20, and 21, 2021 via an appeal brought under r. 51(1) of the Federal Courts Rules SOR/98-106.

- Ruling: The court ruled in the defendants’ favour and dismissed the appeal. The court held that the plaintiff failed to establish that the case management judge breached procedural fairness in issuing the May 21, 2021 order or a palpable and overriding error by scheduling the represented defendants’ motions to strike in priority to motions proposed by the plaintiff.

- Date: The hearing was set on Mar. 9, 2023. The court released its decision on Apr. 11, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court awarded costs to the represented defendants and to defendant Dale McMullen.