Applicant
Respondent
- Parties: The applicants were Peter Louis Francis and Oeligisgag Francis. The respondents were the Chief and Council of Acadia First Nation and Kespuwick Resources Inc.
- Subject Matter: The applicants filed a notice of action and statement of claim seeking declaratory relief relating to alleged breaches of agreements between the Acadia First Nation and the federal government, breaches of the First Nation’s collective Aboriginal rights, and a prerogative writ of certiorari. Alternatively, they wanted the respondents to pay damages of $1,200,000 for breach of their fiduciary duty. The applicants then moved to extend the time within which to file and to serve their judicial review application under r. 8 of the Federal Courts Rules, SOR/98-106. The applicants argued that an extension would be in the interests of justice, in line with Whitefish Lake First Nation v Grey, 2019 FCA 275.
- Ruling: The court ruled in the respondents’ favour and dismissed the applicants’ motion for extension of time. The court held that extending the time would not be in the interests of justice. The court explained that the most significant factor weighing against an extension was the lack of reasonable explanations for the significant delay in pursuing the application.
- Date: The hearing was set on June 15, 2023. The court released its decision on July 6, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court found a costs award unwarranted though the respondents sought costs for the motion.
Court
Federal CourtCase Number
23-T-35Practice Area
Aboriginal lawAmount
$ 0Winner
RespondentTrial Start Date
09 May 2023Download documents