BETWEEN:
and
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.
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)
[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.
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
REASONS FOR JUDGMENT OF
THE COURT BY: (LINDEN, NADON & SEXTON JJ.A.)
DELIVERED FROM THE
APPEARANCES:
|
|
FOR THE APPELLANT
|
|
STEVE NICOLETTA |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Barrister & solicitor TORONTO, ONTARIO
|
FOR THE APPELLANT |
|
BARRISTERS & SOLICITORS TORONTO, ONTARIO |
FOR THE RESPONDENT |