Bouctouche First Nation Land Claim Trust v. Canada (Minister of Indian Affairs and Northern Development), [2004] N.B.R.(2d) (Supp.) No. 56 (TD)

• Judge: Rideout, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 07, 2004
• Jurisdiction: New Brunswick
• Citations: [2004] N.B.R.(2d) (Supp.) No. 56 (TD);2004 NBQB 330

Bouctouche First Nation v. Can., [2004] N.B.R.(2d) (Supp.) No. 56 (TD)

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Temp. Cite: [2004] N.B.R.(2d) (Supp.) TBEd. SE.030

Renvoi temp.: [2004] N.B.R.(2d) (Supp.) TBEd. SE.030

Donna Simon, Barbara Babineau and Jeffrey LeBlanc, being Trustees of the Bouctouche First Nation Land Claim Trust Agreement (plaintiffs) v. Her Majesty the Queen in the Right of Canada, as represented by the Minister of Indian Affairs and Northern Development (defendant)

(M/C/0735/02; 2004 NBQB 330; 2004 NBBR 330)

Indexed As: Bouctouche First Nation Land Claim Trust v. Canada (Minister of Indian Affairs and Northern Development)

Répertorié: Bouctouche First Nation Land Claim Trust v. Canada (Minister of Indian Affairs and Northern Development)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Rideout, J.

September 16, 2004.

Summary:

Résumé:

Trustees of the Bouctouche First Nation Land Claim Trust brought three actions respecting the alleged misappropriation of funds from Trust bank accounts. In the first action they sued three trustees. The second and third actions were against the bank and the federal Crown, respectively. The first action was never served and the plaintiffs intended to abandon it. The Crown moved to consolidate the three actions. Alternatively, the Crown sought to issue a third party claim out of time against the three defendants in the first action.

The New Brunswick Court of Queen's Bench, Trial Division, consolidated the second and third actions and permitted the Crown to issue a third party claim against the defendants in the first action.

Practice - Topic 30

Actions - Conduct of - General - Solicitors - Representation of parties - Trustees of the Bouctouche First Nation Land Claim Trust brought three actions respecting the alleged misappropriation of funds from the Trust's bank accounts - In the first action they sued three trustees - The second and third actions were against the bank and the federal Crown, respectively - The first action was never served and the plaintiffs intended to abandon it - The Crown moved to consolidate the three actions - Alterna­tively, the Crown sought to issue a third party claim out of time against the three defendants in the first action - The New Brunswick Court of Queen's Bench, Trial Division, held that a consolidation of the actions would not preclude the defendants from having their individual lawyers where they did not have the same interest - See paragraphs 13 to 15.

Practice - Topic 1136

Parties - Third party procedure - Third party notice - Extension of time for service of - Trustees of the Bouctouche First Nation Land Claim Trust brought three actions respecting the alleged misappropri­ation of funds from Trust bank accounts - In the first action they sued three trustees - The second and third actions were against the bank and the federal Crown, respect­ively - The first action was never served and the plaintiffs intended to abandon it - The Crown moved to consolidate the three actions - Alternatively, the Crown sought to issue a third party claim out of time against the three defendants in the first action - The New Brunswick Court of Queen's Bench, Trial Division, consoli­dated the second and third actions and permitted the Crown to issue a third party claim against the defendants in the first action - There was no prejudice or reason why a third party notice should not be permitted - See paragraphs 19 to 24.

Practice - Topic 5250

Trials - General - Consolidation of actions - [See Practice - Topic 30 ].

Procédure - Cote 30

Conduite de l'action - Généralités - Avocats - Représentation de parties - [Voir Practice - Topic 30 ].

Procédure - Cote 1136

Parties - Mise en cause - Avis de mise en cause - Prorogation du délai de significa­tion - [Voir Practice - Topic 1136 ].

Procédure - Cote 5250

Procès - Généralités - Fusion d'actions - [Voir Practice - Topic 5250 ].

Cases Noticed:

Frigault v. DeYoung, [1996] N.B.R.(2d) (Supp.) No. 49 (T.D.), dist. [para. 10].

Poirier v. Goguen (1988), 92 N.B.R.(2d) 70; 236 A.P.R. 70 (T.D.), refd to. [para. 21].

O'Brien v. Centre Loc. Simplex (1993), 134 N.B.R.(2d) 369; 342 A.P.R. 369 (T.D.), refd to. [para. 22].

Coulton v. Co-operators General Insurance Co. et al. (1999), 218 N.B.R.(2d) 84; 558 A.P.R. 84 (T.D.), refd to. [para. 22].

Counsel:

Susan Inglis, on behalf of the Attorney General of Canada;

André G. Richard, Q.C., and Allison S. MacLean, on behalf of the Royal Bank of Canada;

T.J. Burke, on behalf of the William Sani­pass, Gilbert Sanipass and Jacqueline Ward;

Aaron J. Bourque, on behalf of the Bouc­touche First Nation.

This application was heard on September 7, 2004, by Rideout, J., of the New Bruns­wick Court of Queen's Bench, Trial Divi­sion, Judicial District of Moncton, who delivered the following decision on Septem­ber 16, 2004.