Oct 24, 2014

DISCONTINUATION OF CLASS ACTION

 

 

 

Ongoing litigation on behalf of Algonquins in the Ottawa River Valley and beyond -

Court File No. CV-12-5341-00CP.

 

 

On February 7, 2012, a Statement of Claim as attached, under the Class Proceedings Act, 1992, S.O. 1992 C6, was issued at the Superior Court of Justice in North Bay. Subsequently, Justice Patricia Hennessy was assigned this case as the Class Proceeding Administrative Judge in the region.

 

 

Counsel for Canada and Ontario appeared on record and several teleconferences took place among all counsel and Justice Hennessy between May 2012 and July 2013. Canada, joined by Ontario, filed a Notice of Motion to strike the claim, returnable November 25, 2013.

 

 

Before November 25, 2013, counsel agreed to a settlement of the Motion by entering into the attached Order of December 19, 2013. The Order is as follows:

 

The Plaintiffs rely on Kelly v Canada, 2013, ONSC 1220, a decision of Justice Perell of the Superior Court of Ontario dated February 26, 2013 wherein he stated:

 

                            “A class proceeding, which is a form of representation action, is inappropriate for

                            communal Aboriginal rights or treaty rights claims because the individual class

                            members would be entitled to opt out…A grouping of individual claims by Aboriginals

                            may be the subject matter of a class action, but if the claims re to enforce communal

                            Aboriginal rights, then a class action is not available, and the claim must be brought

                           by the holder of the Aboriginal right”.

 

 

Presently, pleadings are being drafted for the representative action and will soon be posted on this website.

 

 

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