Background:

• Dispute: The enforceability of a joint venture agreement ("JVA2") related to the operation of Rezmart Business on the lands of Wasauksing First Nation (WFN).
• Previous Rulings: Justice Cullin ruled JVA2 was enforceable, not void under s. 28 of the Indian Act, and granted 2089322 Ontario Corporation ("208") possession of the business.

Appeal Issues:

1. Validity of JVA2:
   • Alleged forgery of Luc Des Roches’ initials on the document.
   • Argument that JVA2 was void under s. 28 of the Indian Act.
2. Breach of Land Code: Claim that granting possession of the business violated WFN Land Code provisions.
3. Fresh Evidence: Request to introduce new evidence related to land allocation.

Court of Appeal Decision:

1. Authenticity of JVA2:

   • JVA2 was deemed authentic, with the appellant’s initials not forged.
   • Evidence from handwriting experts supported 208’s position.

2. Section 28 of the Indian Act:

   • JVA2 did not grant possession or use of WFN land directly, so it was not void under s. 28.
   • At the time of judgment, WFN Land Code (not the Indian Act) applied to the land.

3. Possession of Rezmart Business:

   • Court upheld the decision to grant 208 permanent possession.
   • This order is subject to WFN approval under its Land Code.

4. New Evidence:

   • Appeal to introduce new evidence was denied, as it was raised too late and lacked relevance.

Outcome:

• The appeal was dismissed with costs of $15,000 awarded to 208.