Goodswimmer v Canada (Attorney General), 2017 ABCA 365
| Judge | The Honourable Mr. Justice Peter Costigan,The Honourable Mr. Justice Frans Slatter,The Honourable Madam Justice Barbara Lea Veldhuis |
| Citation | 2017 ABCA 365 |
| Docket Number | 1603-0201-AC |
| Court | Court of Appeal (Alberta) |
| Date | 06 November 2017 |
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57 practice notes
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Wesley v Alberta,
...Nations admit, these binding precedents have been consistently followed by other courts: e.g. Goodswimmer v Canada (Attorney General), 2017 ABCA 365 at paras. 115-16, 60 Alta LR (6th) 226; Samson First Nation v Canada, 2015 FC 836 at paras. 112-24, affirmed 2016 FCA 223 at paras. 36-41; Sho......
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Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432
...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......
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,
...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, ......
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Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan,
...can reopen, renegotiate, and rewrite previously settled matters is untenable (see also Goodswimmer [v. Canada (Attorney General), 2017 ABCA 365, 418 D.L.R. (4th) 157], at para. 49; Manitoba Metis Federation Inc v. Brian Pallister et al., 2021 MBCA 47, 458 D.L.R. (4th) 625 . . ......
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50 cases
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Ontario (Attorney General) v. Restoule, 2024 SCC 27
...54; R. v. Morris, 2004 BCCA 121, 237 D.L.R. (4th) 693, rev’d 2006 SCC 59, [2006] 2 S.C.R. 915; Goodswimmer v. Canada (Attorney General), 2017 ABCA 365, 418 D.L.R. (4th) 157; Lac La Ronge Indian Band v. Canada, 2001 SKCA 109, 206 D.L.R. (4th) 638; Newfoundland and Labrador v. Nunatsiavut Gov......
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Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432
...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......
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Hannam v Medicine Hat School District No. 76,
...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......
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,
...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, ......
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1 books & journal articles
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THE ROAD NOT TAKEN: RESERVING LANDS FOR EXCLUSIVE INDIGENOUS USE AND OCCUPATION.
...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......