- Parties: The applicant was Dale McMullen. The respondent was Piikani Nation, as represented by its chief and councillors and its legal counsel Caireen Hanert.

- Subject Matter: A series of decisions denied the applicant’s demands relating to an alleged indemnity agreement with Piikani Nation. In the underlying application, the applicant sought relief in connection with these decisions. The respondent moved to strike the notice of application. The respondent argued that the Federal Court lacked the jurisdiction to review the impugned “decisions,” that the proceeding abused the court’s process, and that the application was not timely.

- Ruling: The court ruled in the respondents’ favour, granted their motions to strike, struck out the notice of application without leave to amend, and dismissed for judicial review application. The court said that it could strike this application since the respondent was able to show that it was “so clearly improper as to be bereft of any possibility of success” or that there was an obvious, fatal flaw that struck at the root of the court's power to entertain the application.

- Date: The hearing was set on June 20, 2023. The court released its decision on Nov. 17, 2023.

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

- Amount: The court awarded the applicant to pay the Piikani First Nation its costs of the motion, fixed at $4,000 inclusive of disbursements and taxes, and to pay Hanert her costs of the motion, fixed at $6,000 inclusive of disbursements and taxes.