Brass v. Papequash, 2019 FCA 245

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2019 FCA 245
Date02 October 2019
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16 practice notes
  • Whitford v. Red Pheasant First Nation, 2022 FC 436
    • Canada
    • Federal Court (Canada)
    • 30 Marzo 2022
    ...[66] As noted the jurisprudence cited by Barnes J in Papequash FC was upheld by the Federal Court of Appeal in Rodney Brass v Papequash, 2019 FCA 245 [Papequash FCA]. Justice Boivin JA, (Webb and Near JJA, concurring) held: [13] It bears emphasis that the Judge thoroughly reviewed the filed......
  • Pilot v. McKenzie, 2021 FC 296
    • Canada
    • Federal Court (Canada)
    • 6 Abril 2021
    ...Nikolaisen, 2002 SCC 33, at paras 8, 10, 36 and 83 [Housen]. [13] As confirmed by the Federal Court of Appeal in Rodney Brass v Papequash, 2019 FCA 245, “the standard of palpable and overriding error…is a high and difficult standard to meet…” This was expressed b......
  • Brass v. Key, 2024 FC 304
    • Canada
    • Federal Court (Canada)
    • 26 Febrero 2024
    ...other dishonest attempts to influence electoral outcomes” (para 40). The decision was affirmed on appeal (Rodney Brass v Papequash, 2019 FCA 245). [32] A new election had to take place; it occurred on June 12, 2018 and Clinton Key was elected as Councillor. That election was also cha......
  • Dixon v. TD Bank Group, 2021 FC 101
    • Canada
    • Federal Court (Canada)
    • 29 Enero 2021
    ...Federal Court of Appeal has confirmed that this is “a high and difficult standard to meet:” see Rodney Brass v Papequash, 2019 FCA 245 at para 11. A palpable and overriding error “is one that is obvious and substantial enough to potentially change the result of the case......
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16 cases
  • Whitford v. Red Pheasant First Nation, 2022 FC 436
    • Canada
    • Federal Court (Canada)
    • 30 Marzo 2022
    ...[66] As noted the jurisprudence cited by Barnes J in Papequash FC was upheld by the Federal Court of Appeal in Rodney Brass v Papequash, 2019 FCA 245 [Papequash FCA]. Justice Boivin JA, (Webb and Near JJA, concurring) held: [13] It bears emphasis that the Judge thoroughly reviewed the filed......
  • Brass v. Key, 2024 FC 304
    • Canada
    • Federal Court (Canada)
    • 26 Febrero 2024
    ...other dishonest attempts to influence electoral outcomes” (para 40). The decision was affirmed on appeal (Rodney Brass v Papequash, 2019 FCA 245). [32] A new election had to take place; it occurred on June 12, 2018 and Clinton Key was elected as Councillor. That election was also cha......
  • Pilot v. McKenzie, 2021 FC 296
    • Canada
    • Federal Court (Canada)
    • 6 Abril 2021
    ...Nikolaisen, 2002 SCC 33, at paras 8, 10, 36 and 83 [Housen]. [13] As confirmed by the Federal Court of Appeal in Rodney Brass v Papequash, 2019 FCA 245, “the standard of palpable and overriding error…is a high and difficult standard to meet…” This was expressed b......
  • KEY FIRST NATION v. STEPHANIE C. LAVALLEE, DONALD WORME, RODNEY BRASS, ANGELA DESJARLAIS, SIDNEY KESHANE AND GLEN O'SOUP,
    • Canada
    • Court of Appeal (Canada)
    • 23 Junio 2021
    ...their claim to costs against the band. [13] The appeal of the Federal Court decision was dismissed on October 2, 2019 (Brass v. Papequash, 2019 FCA 245, 2019 CarswellNat 14726 ). [14] A new band council was elected on June 12, 2018. [15] On July 27, 2018, the band council commenced the jud......
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