Mohawks v. Commandant
Court headnote
Mohawks v. Commandant Court (s) Database Federal Court of Appeal Decisions Date 2008-05-29 Neutral citation 2008 FCA 195 File numbers A-423-07 Decision Content Date: 20080529 Docket: A-423-07 Citation: 2008 FCA 195 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: WAHTA MOHAWKS Appellant and KAREN COMMANDANT Respondent Heard at Toronto, Ontario, on May 29, 2008. Judgment delivered from the Bench at Toronto, Ontario, on May 29, 2008. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20080529 Docket: A-423-07 Citation: 2008 FCA 195 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: WAHTA MOHAWKS Appellant and KAREN COMMANDANT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, May 29, 2008) LINDEN J.A. [1] In our view, the Applications Judge correctly decided that the appellant was in good standing financially in her relations with the Band and in the way he treated that issue referring it back to the Council with directions. [2] However, in sending the matter back with instructions to treat the appellant as a full-time student, he erred in that there was conflicting evidence on this issue, a factual matter which should be properly decided by the Council. [3] The matter concerning full-time studies, therefore, should be remitted to the Council to be determined within 30 days hereof and, to avoid any apprehension of bias, the Chief of the Band must not take part in this determination. [4] In the circumstances of divided success, no …
Read full judgment
Mohawks v. Commandant Court (s) Database Federal Court of Appeal Decisions Date 2008-05-29 Neutral citation 2008 FCA 195 File numbers A-423-07 Decision Content Date: 20080529 Docket: A-423-07 Citation: 2008 FCA 195 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: WAHTA MOHAWKS Appellant and KAREN COMMANDANT Respondent Heard at Toronto, Ontario, on May 29, 2008. Judgment delivered from the Bench at Toronto, Ontario, on May 29, 2008. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20080529 Docket: A-423-07 Citation: 2008 FCA 195 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: WAHTA MOHAWKS Appellant and KAREN COMMANDANT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, May 29, 2008) LINDEN J.A. [1] In our view, the Applications Judge correctly decided that the appellant was in good standing financially in her relations with the Band and in the way he treated that issue referring it back to the Council with directions. [2] However, in sending the matter back with instructions to treat the appellant as a full-time student, he erred in that there was conflicting evidence on this issue, a factual matter which should be properly decided by the Council. [3] The matter concerning full-time studies, therefore, should be remitted to the Council to be determined within 30 days hereof and, to avoid any apprehension of bias, the Chief of the Band must not take part in this determination. [4] In the circumstances of divided success, no costs. “A.M. Linden” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-423-07 (AN APPEAL FROM THE ORDER OF THE HONOURABLE MR. MAX M. TEITELBAUM, DATED JULY 4, 2007, AS PER FEDERAL COURT FILE DOCKET NO. T-806-06.) STYLE OF CAUSE: WAHTA MOHAWKS v. KAREN COMMANDANT PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MAY 29, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, NADON & SEXTON JJ.A.) DELIVERED FROM THE BENCH BY: LINDEN J.A. DATED: MAY 29, 2008 APPEARANCES: PATRICK SCHINDLER FOR THE APPELLANT MICHAEL SWARTZ STEVE NICOLETTA FOR THE RESPONDENT SOLICITORS OF RECORD: PATRICK SCHINDLER Barrister & solicitor TORONTO, ONTARIO FOR THE APPELLANT WEIR FOULDS LLP BARRISTERS & SOLICITORS TORONTO, ONTARIO FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca