Dennis v. Community Panel of the Adams Lake Indian Band

Dennis v. Community Panel of the Adams Lake Indian Band
Court (s) Database
Federal Court Decisions
Date
2010-03-02
Neutral citation
2010 FC 239
File numbers
T-587-09
Decision Content
Federal Court
Cour fédérale
Date: 20100302
Docket: T-587-09
Citation: 2010 FC 239
Ottawa, Ontario, March 2, 2010
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
THOMAS PHIL DENNIS,
OF THE ADAMS LAKE BAND,
RESIDENT AND AN ELECTOR AND
ON BEHALF OF MY RELATIVES AND
OTHER ADAMS LAKE BAND MEMBERS
Applicants
and
THE COMMUNITY PANEL OF THE
ADAMS LAKE INDIAN BAND AND
THE CHIEF AND COUNCIL ELECT
FOR THE TERM DESCRIBED AS 2009
Respondents
REASONS FOR ORDER AND ORDER
[1] The Respondents, The Chief And Council Elect (the individual Respondents), have moved under Rule 397(1)(b), for an Order for reconsideration of the terms of the Judgment issued by the Court on January 19, 2010. The Applicant’s Motion Record was not accepted for filing because of his failure to file proof of service upon the Respondents. The other Respondent party takes no position on this motion.
[2] I do not agree that anything was overlooked or omitted in the disposition of this proceeding. Although only the decision of the Community Panel was set aside with an Order for redetermination and no specific Order was made against the individual Respondents, it was the Court’s intention that all of the Respondents be bound by the final Judgment. It is apparent to me that the individual Respondents carry the necessary authority to ensure that the Community Panel is appropriately reconstituted by the Band. Presumably the individual Respondents also have the necessary authority and resources to fulfill the Order for costs. Although the two Respondents parties were separately represented, their interests were substantially aligned.
[3] In the result, this motion is dismissed without costs.
JUDGMENT
THIS COURT ORDERS that this motion is dismissed without costs.
“ R. L. Barnes ”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-587-09
STYLE OF CAUSE: THOMAS PHIL DENNIS et al.
v.
THE COMMUNITY PANEL OF THE ADAMS LAKE INDIAN BAND et al.
MOTION IN WRITING WITHOUT APPEARANCE OF PARTIES
PLACE OF HEARING: Ottawa, Ontario
REASONS FOR ORDER
AND ORDER: BARNES J.
DATED: March 2, 2010
APPEARANCES:
Thomas Dennis
FOR THE APPLICANTS
Maria Morellato, Q.C.
Anja Brown
FOR THE RESPONDENT
Community Panel of the Adams
Lake Indian Band
Alfred Kempf
FOR THE RESPONDENT
Chief and Council Elect For the Term Described as 2009
SOLICITORS OF RECORD:
Thomas Dennis
Chase, BC
FOR THE APPLICANTS
Mandell Pinder
Vancouver, BC
FOR THE RESPONDENT
Community Panel of the Adams
Lake Indian Band
Pushor Mitchell LLP
Kelowna, BC
FOR THE RESPONDENT
Chief and Council Elect For the Term Described as 2009