Battiste v. Chapel Island Band,

• Jurisdiction: Nova Scotia
• Judge: Parker
• Neutral Citation: 2005 NSSM 14
• Citation: 2005 NSSM 14,(2005), 248 N.S.R.(2d) 6 (SmCl),248 NSR(2d) 6,(2005), 248 NSR(2d) 6 (SmCl),248 N.S.R.(2d) 6
• Date: 25 April 2005
• Court: Small Claims Court of Nova Scotia (Canada)

Battiste v. Chapel Island Band (2005), 248 N.S.R.(2d) 6 (SmCl);

    789 A.P.R. 6

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. OC.019

Russell Charles James Battiste (claimant) v. The Chapel Island Band (defendant)

(SCCH 227443; 2005 NSSM 14)

Indexed As: Battiste v. Chapel Island Band

Nova Scotia Small Claims Court

Parker, Adjudicator

April 25, 2005.

Summary:

Battiste commenced a small claims action against the Chapel Island Indian Band, claiming that the band was not giving him and his children the gaming revenue which the band collected from VLT's according to a gaming agreement with the Province of Nova Scotia. Prior to the hearing, Battiste expressed concerns as to whether the adjudicator could hear the action because of a conflict (i.e., the Indian Band intended to call the Minister of Justice as a witness and the Small Claims Court Adjudicator was appointed by the Department of Justice, the head of which was the Minister of Justice). The adjudicator invited comments.

An Adjudicator of the Small Claims Court opined that the court as established by the Small Claims Court Act could provide a fair hearing and the adjudicator could act independently and without bias. However, the adjudicator noted that should the claimant bring a formal motion requesting the adjudicator to make a decision on the conflict of interest or impartiality issue, the adjudicator lacked authority to do so and any such motion would be denied.

Courts - Topic 6209

Provincial courts - Nova Scotia - Small Claims Court - Jurisdiction - Adjudicator - Battiste commenced a small claims action against the Chapel Island Indian Band, claiming that the band was not giving him and his children the gaming revenue which the band collected from VLT's according to a gaming agreement with the Province of Nova Scotia - Prior to the hearing, Battiste expressed concerns as to whether the adjudicator could hear the action because of a conflict (i.e., the Indian Band intended to call the Minister of Justice as a witness and the Small Claims Court Adjudicator was appointed by the Department of Justice, the head of which was the Minister of Justice) - The adjudicator invited comments - An Adjudicator of the Small Claims Court opined that the court as established by the Small Claims Court Act could provide a fair hearing and the adjudicator could act independently and without bias - However, the adjudicator noted that should the claimant bring a formal motion requesting the adjudicator to make a decision on the conflict of interest or impartiality issue, the adjudicator lacked authority to do so and any such motion would be denied.

Practice - Topic 9751

Small claims - General - [See Courts - Topic 6209 ].

Cases Noticed:

Mitsui & Co. (Point Aconi) Ltd. v. Jones Power Co. et al. (2001), 196 N.S.R.(2d) 118; 613 A.P.R. 118 (C.A.), refd to. [para. 16].

R. v. R.D.S., [1997] 3 S.C.R. 484; 218 N.R. 1; 161 N.S.R.(2d) 241; 477 A.P.R. 241, refd to. [para. 16].

Counsel:

Russell Charles James Battiste, on his own behalf;

Sheldon Nathanson, for the defendant.

This matter was heard before Parker, Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision on April 25, 2005.