Goodswimmer v Canada (Attorney General)

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeThe Honourable Mr. Justice Peter Costigan,The Honourable Mr. Justice Frans Slatter,The Honourable Madam Justice Barbara Lea Veldhuis
Citation2017 ABCA 365
Date06 November 2017
Docket Number1603-0201-AC

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77 practice notes
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd
    • 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, ......
  • McDonald v Sproule Management GP Limited
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • October 17, 2023
    ...11-12; County of Vulcan v Genesis Reciprocal Insurance Exchange, 2020 ABQB 93 at paras 70-71; Goodswimmer v Canada (Attorney General), 2017 ABCA 365, leave to appeal ref’d [2018] SCCA No 1 at para 33; Klein v Wolbeck, 2016 ABQB 28 at para 15; Attila Dogan at paras 64-75; Murphy v Cahill, 20......
  • Wesley v. Alberta
    • Canada
    • Court of Appeal (Alberta)
    • August 23, 2024
    ...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......
  • Ontario (Attorney General) v. Restoule
    • Canada
    • Supreme Court (Canada)
    • July 26, 2024
    ...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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92 cases
  • Stoney Tribal Council v Canadian Pacific Railway
    • 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......
  • Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan
    • Canada
    • Supreme Court (Canada)
    • November 27, 2024
    ...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 . . . at para. Whi......
  • Ontario (Attorney General) v. Restoule
    • Canada
    • Supreme Court (Canada)
    • July 26, 2024
    ...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......
  • Wesley v. Alberta
    • Canada
    • Court of Appeal (Alberta)
    • August 23, 2024
    ...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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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......