44 result(s)
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1.
Percival v. Canada - 2024 FC 824 - 2024-05-30
Federal Court Decisionsthe Day Schools settlement, the Day Scholars settlement (Gottfriedson v Canada, 2021 FC 988), the Sixties Scoop settlement and the Band Reparations settlement (Tk’emlúps te Secwépemc First Nation v Canada, 2023 FC 327)—was helpful and informed the structure and substance of what eventually became the Settlement Agreement.
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2.
Salt River First Nation #195 v. Tk'emlúps te Secwépemc First Nation - 2024 FCA 53 - 2024-03-20
Federal Court of Appeal Decisions[3] Both Salt River and the Gottfriedson respondents seek to adduce fresh evidence on this appeal. [...] [26] The Gottfriedson respondents bring a motion to admit fresh evidence on this appeal. [...] Salt River, in contrast, seeks to contextualize the Gottfriedson respondents’ evidence.
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3.
Manuge v. Canada - 2024 FC 68 - 2024-01-17
Federal Court DecisionsFormer Chief Shane Gottfriedson and former Chief Garry Feschuk continued their active involvement in this litigation for years after their terms as elected Chiefs of their respective Nations ended.
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4.
Canada (Attorney General) v. Nasogaluak - 2023 FCA 61 - 2023-03-17
Federal Court of Appeal DecisionsThe Federal Court approved a similar definition in granting certification in Gottfriedson v. Canada, 2015 FC 766 and 2015 FC 706.
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5.
Tk'emlúps te Secwépemc First Nation v. Canada - 2023 FC 357 - 2023-03-16
Federal Court DecisionsCHIEF SHANE GOTTFRIEDSON, on behalf of the TK’EMLUPS TE SECWÉPEMC INDIAN BAND and the [...] • Affidavit of Shane Gottfriedson, individual Representative Plaintiff and former elected Chief of Tk’emlúps te Secwépemc, affirmed on February 21, 2023; [...] CHIEF SHANE GOTTFRIEDSON ET AL v HIS MAJESTY THE KING IN RIGHT OF CANADA
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6.
Tk'emlúps te Secwépemc First Nation v. Canada - 2023 FC 327 - 2023-03-09
Federal Court DecisionsCHIEF SHANE GOTTFRIEDSON, on behalf of the TK’EMLUPS TE SECWÉPEMC INDIAN BAND and the [...] • Former Chief Shane Gottfriedson, Tk'emlúps te Secwépemc • Former Chief Garry Feschuk, shíshálh Nation [...] CHIEF SHANE GOTTFRIEDSON ET AL v HIS MAJESTY THE KING IN RIGHT OF CANADA
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7.
Tk'emlúps te Secwépemc First Nation v. Canada - 2023 FC 237 - 2023-02-17
Federal Court DecisionsCHIEF SHANE GOTTFRIEDSON, on behalf of the TK’EMLUPS TE SECWÉPEMC INDIAN BAND and the [...] [1] This matter was certified as a class proceeding in 2015 (Gottfriedson v Canada, 2015 FC 706 [Certification Order]). [...] CHIEF SHANE GOTTFRIEDSON, on behalf of the TK’EMLUPS TE SECWÉPEMC INDIAN BAND and the TK’EMLUPS TE SECWÉPEMC INDIAN BAND, and CHIEF GARRY FESCHUK, on behalf of the SECHELT INDIAN BAND and the SECHELT INDIAN BAND v HIS MAJESTY THE KING IN RIGHT OF CANADA as represented by THE ATTORNEY GENERAL OF CANADA
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8.
Tk'emlúps te Secwépemc First Nation v. Canada - 2023 FC 106 - 2023-01-21
Federal Court DecisionsCHIEF SHANE GOTTFRIEDSON, on behalf of the TK’EMLUPS TE SECWÉPEMC INDIAN BAND and the
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9.
Tk'emlúps te Secwépemc First Nation v. Canada - 2023 FC 104 - 2023-01-21
Federal Court DecisionsCHIEF SHANE GOTTFRIEDSON, on behalf of the TK’EMLUPS TE SECWÉPEMC INDIAN BAND and the
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10.
Kahnapace v. Canada (Attorney General) - 2023 FC 32 - 2023-01-11
Federal Court DecisionsRather, it reflects the fact that, at the certification stage, the Court is ill-equipped to resolve conflicts in the evidence or to engage in finely calibrated assessments of evidentiary weight [see Pro-Sys Consultants Ltd v Microsoft Corporation, 2013 SCC 57 at paras 101-102 (Pro-Sys); Gottfriedson v Canada, 2015 FC 706 at
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11.
Stonechild v. Canada - 2022 FC 914 - 2022-06-17
Federal Court DecisionsIn Gottfriedson at paragraph 27, Justice Harrington noted that the Court may apportion fault against a person who is a non-party to a proceeding and endorsed the statement in Taylor that undertaking such apportionment without adding parties will mean fewer parties at trial, a shorter trial, and reduced costs.
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12.
Campeau v. Canada - 2021 FC 1449 - 2021-12-20
Federal Court Decisions[22] The Plaintiff relies on Gottfriedson v Canada, 2013 FC 1213 [Gottfriedson], in which Justice Harrington struck a third party claim for contribution and indemnity as demonstrating no viable cause of action, because the plaintiffs limited their claim against the defendant to its several liability (at paras 3-4). [...] [34] I also note that, in responding to the Plaintiff’s arguments surrounding the limitation of the claim to the Defendant’s several liability, the Defendant attempts to distinguish the jurisprudence on which the Plaintiff relies (and on which Justice Harrington relied in Gottfriedson). [...] Indeed, in Gottfriedson, Justice Harrington employs the language of several liability in describing the plaintiff’s pleading as limited to “... only seek redress against Canada severally...”.
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13.
Tk'emlúps te Secwepemc First Nation v. Canada - 2021 FC 1020 - 2021-11-10
Federal Court Decisions• Affidavit of Shane Gottfriedson, Representative Plaintiff and former elected Chief of Tk’emlúps te Secwépemc (also known as Kamloops Indian Band), sworn on August 23, 2021; [...] The payments to Violet Catherine Gottfriedson and Frederick Johnson, both of whom are deceased, will be distributed to their family members, on the advice of the related Representative Plaintiffs. [...] CHIEF SHANE GOTTFRIEDSON ET AL v HER MAJESTY THE QUEEN IN RIGHT OF CANADA
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14.
Tk'emlúps te Secwépemc First Nation v. Canada - 2021 FC 988 - 2021-09-24
Federal Court Decisions[2] In 2010, Chief Gottfriedson and Chief Feschuck decided to take action in response to the failure of the Residential School settlements to recognize the harms suffered by Day Scholars. [...] Two of the Representative Plaintiffs, Violet Gottfriedson and Frederick Johnson, passed away since litigation commenced, as have a number of class members. [...] CHIEF SHANE GOTTFRIEDSON ET AL v HER MAJESTY THE QUEEN IN RIGHT OF CANADA
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15.
Arntsen v. Canada - 2021 FC 51 - 2021-01-14
Federal Court Decisions[19] The Prothonotary also rejected the Plaintiffs’ claim that this case parallels Canada (Attorney General) v. Gottfriedson, 2014 FCA 55 [Gottfriedson] (Arntsen, paras 43 and 51). [...] [56] The Plaintiffs submit that this case is similar to Gottfriedson as, like in Gottfriedson, there is a unique relationship at the core of this litigation between Canada and CAF members. [...] [127] It is, however, perhaps more helpful to consider Justice Harrington’s actual decision in Gottfriedson v Canada, 2013 FC 546 [Gottfriedson FC].
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16.
McCain Foods Limited v. J.R. Simplot Company - 2021 FCA 4 - 2021-01-14
Federal Court of Appeal DecisionsThat said, regard may be had to the main action if it assists in determining what is in issue in the related third party claim: Canada (Attorney General) v. Gottfriedson, 2014 FCA 55, 456 N.R. 391 at para. 34 (Gottfriedson). [...] That said, regard may nonetheless be given to the main claim to assist in ascertaining the essential nature of the third-party claim, as was done by this Court in Canada (Attorney General) v. Gottfriedson, 2014 FCA 55 at para. 34, 456 N.R. 391 [Gottfriedson]. [...] This remains the case even in light of the reference in Gottfriedson at para. 34 to the possibility of having regard to the main action if it assists in determining what is in issue in the third party claim.
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17.
Canada v. Tk'emlúps te Secwépemc First Nation - 2020 FCA 179 - 2020-10-26
Federal Court of Appeal DecisionsCHIEF SHANE GOTTFRIEDSON, on his own behalf and on behalf of all the [...] CHIEF SHANE GOTTFRIEDSON, on his own behalf and on behalf of all the [...] HER MAJESTY THE QUEEN IN RIGHT OF CANADA v. CHIEF SHANE GOTTFRIEDSON, et al.
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18.
Arntsen v. Canada - 2020 FC 898 - 2020-09-16
Federal Court DecisionsHowever, there is no requirement to issue statements of defence in advance of raising section 50.1 of the Federal Courts Act: Gottfriedson v. Canada (Attorney General), 2013 FC 546 at para 6. [...] [51] I agree with Canada, I do not consider there to be the same sui generis relationship at play in this case as at issue in Gottfriedson. [...] The correct parallel is to Air Muskoka and Dobbie and not to Gottfriedson.
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19.
Wenham v. Canada (Attorney General) - 2020 FC 590 - 2020-05-08
Federal Court Decisions[46] In other class actions involving government such as the Residential Schools (Gottfriedson v Canada, 2019 FC 462), 60’s Scoop (Riddle v Canada, 2018 FC 641), and Indian Day Schools (McLean v Canada, 2019 FC 1075), there are non-litigation forces in play.
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20.
Gottfriedson v. Canada - 2020 FC 399 - 2020-03-20
Federal Court DecisionsGottfriedson v. Canada, Gottfriedson c. Canada, 2020 FC 399, 2020 CF 399, T-1542-12 [...] CHIEF SHANE GOTTFRIEDSON, ON HIS OWN BEHALF AND ON BEHALF OF ALL THE MEMBERS OF THE TK’EMLÚPS TE SECWÉPEMC INDIAN BAND AND THE TK’EMLÚPS TE SECWÉPEMC INDIAN BAND, CHIEF GARRY FESCHUK, ON HIS OWN BEHALF AND ON BEHALF OF ALL MEMBERS OF THE SECHELT INDIAN BAND AND THE SECHELT INDIAN BAND, VIOLET CATHERINE GOTTFRIEDSON, DOREEN [...] CHIEF SHANE GOTTFRIEDSON, ON HIS OWN BEHALF AND ON BEHALF OF ALL THE MEMBERS OF THE TK’EMLÚPS TE SECWÉPEMC INDIAN BAND AND THE TK’EMLÚPS TE SECWÉPEMC INDIAN BAND, CHIEF GARRY FESCHUK, ON HIS OWN BEHALF AND ON BEHALF OF ALL MEMBERS OF THE SECHELT INDIAN BAND AND THE SECHELT INDIAN BAND, VIOLET CATHERINE GOTTFRIEDSON, DOREEN
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21.
Watson v. Canada - 2020 FC 129 - 2020-01-28
Federal Court Decisions2(1) and 17(1) of the Federal Courts Act. Two sources of federal law are at play in this case, the Indian Act and the sui generis relationship between the Crown and Indigenous peoples that engages the honour of the Crown (see Gottfriedson v Canada (Attorney General), 2013 FC 546 at paras 26-28, 362 DLR (4th) 493).
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22.
744185 Ontario Inc. v. Canada - 2020 FCA 1 - 2020-01-07
Federal Court of Appeal DecisionsThat said, regard may nonetheless be given to the main claim to assist in ascertaining the essential nature of the third-party claim, as was done by this Court in Canada (Attorney General) v. Gottfriedson, 2014 FCA 55 at para. 34, 456 N.R. 391 [Gottfriedson]. [...] [70] Finally, in Gottfriedson, the Federal Court was found to have jurisdiction over a third-party claim advanced by the Crown against religious institutions in the context of a class action for damages associated with Indian residential schools.
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23.
McCain Foods Limited v. J.R. Simplot Company - 2019 FC 1635 - 2019-12-18
Federal Court DecisionsEven though a third party claim must be a standalone claim, it must be looked at in the context of McCain’s claim not to the exclusion of the main claim; in other words, reference can still be had to the main action (Gottfriedson v Canada (Attorney General), 2014 FCA 55 at para 34).
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24.
Pelletier v. Delorme - 2019 FC 1487 - 2019-12-13
Federal Court DecisionsThe Respondents plead that strict adherence to both of these two requirements is necessary to satisfy subsection 20(1) (Nicola Band et al v Trans-can Displays Ltd, 2000 BCSC 1209 at paras 131, 133 [Nicola Band]; Leonard v Gottfriedson, [1982] 1 CNLR 60, [1980] BCJ No 551 at para 68; Cooper v Tsartlip Indian Band, [1997] 1
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25.
Gottfriedson v. Canada - 2019 FC 462 - 2019-04-16
Federal Court DecisionsGottfriedson v. Canada, Gottfriedson c. Canada, 2019 FC 462, 2019 CF 462, T-1542-12 [...] My Reasons and the Certification Order are reported at Gottfriedson v Canada, 2015 FC 706 and 2015 FC 766. [...] CHIEF SHANE GOTTFRIEDSON ET AL v HER MAJESTY THE QUEEN IN RIGHT OF CANADA