Plaintiff
Defendant
Background: Arnason Industries Ltd. sued Red Sucker Lake First Nation (also known as Red Sucker Lake Indian Band No. 300) and others for breach of contract.
Legal Arguments/Issues: Arnason Industries Ltd. claimed Red Sucker Lake First Nation failed to pay $2,401,874.12 for completed construction work on a road contract and additional projects. A second claim, the "Rock Crushing Claim," involved an agreement for sourcing and crushing rock, with Arnason Industries seeking $2,482,930.50 for unpaid amounts. Red Sucker Lake First Nation and Chief Samuel Knott requested to amend their defense to include a counterclaim against Arnason Industries Ltd. and the Attorney General of Canada, alleging breaches of trust and fiduciary duties by Canada. The defendants sought to consolidate this case with another related action.
Court Decisions: The court allowed the defendants to amend their Statement of Defence and Counterclaim, adding allegations of statutory non-compliance and breaches of fiduciary duty by Canada. The court permitted the consolidation of the two actions, recognizing the interwoven issues of fact and law. The defendants were ordered to provide answers to undertakings from discovery by July 30, 2024. Arnason Industries Ltd. and Canada were instructed to file necessary pleadings by August 30, 2024. The original trial dates were released, with new trial dates to be set no earlier than spring 2026.
Held: Arnason Industries Ltd. sought a total of $4,884,804.62, exclusive of interest, in the combined claims. However, the court did not specify an award amount, focusing on procedural rulings.
Court
Court of King's Bench ManitobaCase Number
CI 19-01-23339Practice Area
Civil litigationAmount
Winner
OtherTrial Start Date
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