Federal Court Decisions

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 ”

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:

SOLICITORS OF RECORD: