Chapman et al. v. Chicago et al., (1991) 52 O.A.C. 308 (DC)

• Judge: Maloney, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 17, 1991
• Jurisdiction: Ontario
• Citations: (1991), 52 O.A.C. 308 (DC)

Chapman v. Chicago (1991), 52 O.A.C. 308 (DC)

MLB headnote and full text

Lawrence Chapman, Martin King and the Band Council of the Lac Des Mille Lacs Indian Band, and the Lac Des Mille Lacs Indian Band (plaintiffs/respondents) v. Kelvin Chicago, Ron Peters, and Marvin Boucher (defendants/appellants)

(File No. 5/90)

Indexed As: Chapman et al. v. Chicago et al.

Ontario Court of Justice

Divisional Court

Maloney, J.

September 17, 1991.

Summary:

The Ontario Court of Justice, General Division ordered the appointment of a receiver-manager for the assets of an Indian band. Elected officials of the band appealed the order.

The Ontario Divisional Court dismissed the appeal.

Constitutional Law - Topic 7362

Provincial jurisdiction - Property and civil rights - Particular matters - Receiving order re assets of an Indian band - A judge of the Ontario Court of Justice made an order appointing a receiver-manager for the assets of an Indian band - The Ontario Divisional Court affirmed that the order was with respect to a matter involving "Property and Civil Rights within the Province" - The court held that the judge making the order acted within his jurisdic­tion when he granted the order under s. 114 of the Courts of Justice Act, 1984 - See paragraph 15.

Receivers - Topic 1734

Appointment - By court - Jurisdiction, re assets of an Indian band - [See Constitu­tional Law - Topic 7362 ].

Cases Noticed:

Gabriel v. Canatonquin, [1980] 2 F.C. 792 (F.C.A.), refd to. [para. 9].

Sabattis et al. v. Oromocto Indian Band et al., 76 N.B.R.(2d) 227; 192 A.P.R. 227; [1987] 3 C.N.L.R. 99 (N.B.C.A.), refd to. [para. 9].

Cook's Ferry Band v. Cook's Ferry Band (Council), [1989] 3 F.C. 562 (T.D.), refd to. [para. 9].

Statutes Noticed:

Courts of Justice Act, S.O. 1984, c. 11, sect. 114 [para. 8].

Federal Court Act, R.S.C. 1985, c. F-7, sect. 18 [para. 6]; sect. 44 [para. 7].

Counsel:

Mary Jean Robinson, for the plain­tiffs/respondents;

Robert E. Somerleigh, for the defend­ants/appellants.

This appeal was heard by Maloney, J., of the Ontario Divisional Court. The decision of Maloney, J., was delivered on September 17, 1991.