Goodswimmer v Canada (Attorney General), 2017 ABCA 365

JudgeThe Honourable Mr. Justice Peter Costigan,The Honourable Mr. Justice Frans Slatter,The Honourable Madam Justice Barbara Lea Veldhuis
Citation2017 ABCA 365
Docket Number1603-0201-AC
CourtCourt of Appeal (Alberta)
Date06 November 2017
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44 practice notes
  • Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432
    • Canada
    • Court of Appeal (Alberta)
    • December 18, 2017
    ...findings of mixed fact and law should not be overturned absent palpable and overriding error”); Sturgeon Lake Indian Band v. Canada, 2017 ABCA 365, ¶30 (“Whether the evidence on the record satisfies the standard for summary judgment generally engages questions of fact, or questions of mixed......
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
    • Canada
    • Court of Appeal (Alberta)
    • February 6, 2019
    ...record actually before the summary disposition judge. [38] Summary dismissal was resisted in Sturgeon Lake Indian Band v Canada (A. G.), 2017 ABCA 365 at paras. 38-45, 60 Alta LR (6th) 226, leave to appeal refused SCC #37899 (July 5, 2018), based on affidavits containing opinions, hearsay, ......
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...of the existing record can lead to an adjudication and disposition that is fair and just to both parties’”); Goodswimmer v. Canada, 2017 ABCA 365, ¶ 25; 418 D.L.R. 4th 157, 177 (“Litigation can be disposed of summarily when the court is able to reach a fair and just determination on the mer......
  • Canada v. Witchekan Lake First Nation, 2023 FCA 105
    • Canada
    • Court of Appeal (Canada)
    • May 17, 2023
    ...136 (WL Can), leave to appeal to SCC refused, 40184 (16 March 2023) [George Gordon]; Goodswimmer v. Canada (Attorney General), 2017 ABCA 365, 418 D.L.R. (4th) 157, leave to appeal to SCC refused, 37899 (5 July 2018) [Goodswimmer]). For reasons ranging from indifference and error, to neglect......
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43 cases
  • Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432
    • Canada
    • Court of Appeal (Alberta)
    • December 18, 2017
    ...findings of mixed fact and law should not be overturned absent palpable and overriding error”); Sturgeon Lake Indian Band v. Canada, 2017 ABCA 365, ¶30 (“Whether the evidence on the record satisfies the standard for summary judgment generally engages questions of fact, or questions of mixed......
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
    • Canada
    • Court of Appeal (Alberta)
    • February 6, 2019
    ...record actually before the summary disposition judge. [38] Summary dismissal was resisted in Sturgeon Lake Indian Band v Canada (A. G.), 2017 ABCA 365 at paras. 38-45, 60 Alta LR (6th) 226, leave to appeal refused SCC #37899 (July 5, 2018), based on affidavits containing opinions, hearsay, ......
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...of the existing record can lead to an adjudication and disposition that is fair and just to both parties’”); Goodswimmer v. Canada, 2017 ABCA 365, ¶ 25; 418 D.L.R. 4th 157, 177 (“Litigation can be disposed of summarily when the court is able to reach a fair and just determination on the mer......
  • Canada v. Witchekan Lake First Nation, 2023 FCA 105
    • Canada
    • Court of Appeal (Canada)
    • May 17, 2023
    ...136 (WL Can), leave to appeal to SCC refused, 40184 (16 March 2023) [George Gordon]; Goodswimmer v. Canada (Attorney General), 2017 ABCA 365, 418 D.L.R. (4th) 157, leave to appeal to SCC refused, 37899 (5 July 2018) [Goodswimmer]). For reasons ranging from indifference and error, to neglect......
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1 books & journal articles
  • THE ROAD NOT TAKEN: RESERVING LANDS FOR EXCLUSIVE INDIGENOUS USE AND OCCUPATION.
    • Canada
    • University of British Columbia Law Review Vol. 53 No. 3, April 2021
    • April 1, 2021
    ...at para 175). See also ibid at paras 186,194; Goodswimmer v Canada (Attorney General), 2016 ABQB 384 at para 513 [Goodswimmer], aff'd 2017 ABCA 365, leave to appeal to SCC refused, 2018 CanLII 61050 (NRTA imposes no fiduciary duty on province to transfer lands to Canada for reserves); Miche......

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