5750351 Manitoba Ltd. et al. v. Lake St. Martin First Nations
5750351 Manitoba Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Russ Knight

4711824 Manitoba Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Russ Knight

Russ Knight
Law Firm / Organization
Self Represented
Hudson Bay Traders Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Russ Knight

10046552 Manitoba Ltd.
Law Firm / Organization
Hill Sokalski LLP
Lawyer(s)

Dave G. Hill

Lake St. Martin First Nations
Law Firm / Organization
Maurice Law

Background:
The plaintiffs, 5750351 Manitoba Ltd., 4711824 Manitoba Ltd., Hudson Bay Traders Ltd., and Russ Knight, sought unpaid lease payments from Lake St. Martin First Nations (LSM). The dispute centered on two properties: a remodeled school building at 1970 Ness Avenue and the Burnell Property at 519 Burnell Street. The plaintiffs claimed LSM owed rents and compensation for lost equity due to the foreclosure of the Burnell Property.

Legal Issues:
The key legal issue involved unpaid lease payments and damages for lost equity. During the trial, Russ Knight failed to disclose important documents, including tenancy agreements, violating the Court of King's Bench Rules on proportionality and fairness. Additionally, Knight disregarded a court order (the Dewar Order) requiring notice to a secured lender before pursuing litigation related to the Burnell Property.

Litigation Misconduct:
The plaintiffs’ failure to disclose documents and their breach of the Dewar Order led to the adjournment of the trial. Knight’s litigation strategy was deemed to be a "win-at-all-costs" approach, causing unnecessary complexity and expense.

Costs Awarded:
The court ordered:

  1. $88,340.87 in solicitor-client costs for the adjourned trial.
  2. $8,841.93 in costs for a prior motion.
  3. $42,000 as security for costs ($21,000 each from Knight and 10046552 Manitoba Ltd.).
Court of King's Bench Manitoba
CI 18-01-16438
Civil litigation
$ 139,183
Respondent