- Parties: The appellant was Salt River First Nation #195. The respondents were Chief Shane Gottfriedson, on behalf of the Tk’emlups Te Secwépemc Indian Band and the Tk’emlups Te Secwépemc Indian Band; Chief Garry Feschuk, on behalf of the Sechelt Indian Band and the Sechelt Indian Band; and His Majesty the King in right of Canada as represented by the Attorney General of Canada.

- Subject Matter: Two weeks before the scheduled hearing date, the appellant sought to intervene in the settlement approval motion of a class action and sought to join the class despite the expiration of the deadline to opt in to the class action. The Federal Court dismissed the request to intervene and to join the class.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal without costs. The appeal court held that the action was at an end and that the judge was functus since the settlement funds had been transferred to the trust and since no interim relief had been sought to stay the settlement approval decision or the settlement’s implementation pending the appeal. The appeal court said that there was no executory order that it could issue to rectify the Federal Court’s judgment despite the errors identified.

- Date: The hearing was set on Dec. 14, 2023. The court released its decision on Mar. 20, 2024.

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

- Amount: No financial award was specified.