Date: 19990302
Docket: T-907-98
MONTRÉAL, QUEBEC, MARCH 2, 1999
BEFORE: RICHARD MORNEAU, PROTHONOTARY
Between:
THE BAND COUNCIL OF THE ABENAKIS OF WÔLINAK
Plaintiff,
AND
JULES BERNARD
and
THE REGISTRAR OF THE RESERVE LAND REGISTER
and
THE HONOURABLE JANE STEWART
Defendants.
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] The defendant, in opposition to this motion by the plaintiff, relies on the fact that as a result of certain circumstances the plaintiff allegedly has no interest or status to bring an action at law against him. This allegation, if it is to be made, must necessarily go back in time and be made against the institution of the proceedings which resulted in an order by this Court in the plaintiff's favour dated November 16, 1998.
[2] Although the order of November 16, 1998 was appealed, it is not at present subject to any stay of execution order.
[3] The motion at bar by the plaintiff pursuant to Rule 427(2) of the Federal Court Rules (1998) ("the Rules") must be taken to be a permissible proceeding as the order of November 16, 1998 is still executory in nature.
[4] Further, I am persuaded that the intention behind s. 20(1) and (4) of the Indian Act, R.S.C. 1985, c. I-5, as amended, still gives the plaintiff all the necessary interest in acting for purposes of the motion at bar. I am further persuaded that the defendant Jules Bernard received sufficient notice within the meaning of s. 427(2) of the Rules for him to be able to seek the remedy to which he may be entitled in this Court.
[5] Accordingly, the Court must find that:
| - the defendant Jules Bernard, as the person in possession of the house located at 4755, rue Sôlinak and lot No. 582-25 in the Indian reserve of Wôlinak where the said house was built, received sufficient notice within the meaning of s. 427(2) of the Rules to be able to seek the remedy to which he may be entitled in this Court; and |
| - the plaintiff shall be entitled to have a writ of possession issued in respect of the house located at 4755 rue Sôlinak and lot No. 582-25 in the Indian reserve of Wôlinak where the said house was built. |
[6] Costs to follow.
| Richard Morneau Prothonotary |
Certified true translation
Bernard Olivier, LL. B.
| FEDERAL COURT OF CANADA
BETWEEN
Plaintiff, AND JULES BERNARD and THE REGISTRAR OF THE RESERVE LAND REGISTER and THE HONOURABLE JANE STEWART Defendants. REASONS FOR ORDER AND ORDER |
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: T-907-98
| STYLE OF CAUSE: THE BAND COUNCIL OF THE ABENAKIS OF WÔLINAK |
Plaintiff,
AND
JULES BERNARD
and
| THE REGISTRAR OF THE RESERVE LAND REGISTER |
and
THE HONOURABLE JANE STEWART
Defendants.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 1, 1999
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER: March 2, 1999
APPEARANCES:
David Schulze for the plaintiff
Jean-François Lavallée for the defendant Jules Bernard
SOLICITORS OF RECORD:
Hutchins, Soroka & Dionne for the plaintiff
David Schulze
Montréal, Quebec
Legris, Michaud, Lacoursière for the defendant Jules Bernard
Jean-François Lavallée
Trois-Rivières, Quebec
| Morris Rosenberg for the defendants the Registrar of the Reserve Land |
Deputy Attorney General of Canada Register and the Honourable Jane Stewart