Date: 20000918
Docket: T-1234-98
BETWEEN:
ANGELA NEVEAU, Chief of the Batchewana First Nation of Ojibways
on behalf of herself and all other members of the Batchewana First Nation of Ojibways, save and except JOHN M. CORBIERE and ALICE CORBIERE
Applicants
-and-
JOHN M. CORBIERE, GARY CORBIERE, DARLENE CORBIERE,
JOSEPH CORBIERE and THE MINISTER OF INDIAN AND
NORTHERN AFFAIRS CANADA
Respondents
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] An action was brought by the Chief and all others save two of a band of Indians. The two were named. The two were the Defendants in the action. Judgment was obtained against the two. The two declared bankruptcy. It is alleged that one of the two failed to declare some of his assets and the Plaintiffs in the original action now seek a remedy against the former Defendant who failed to declare assets.
[2] In the present action, the Plaintiffs described themselves in the same way as in the original action save that the name of the Chief is changed and the name of the Band is modernized. That is to say, the Chief and all members of the Band save the two.
[3] It appears that the two were husband and wife and now are not. The wife it is alleged has joined a different band and objects to having her name used in this action. The wife is not a party to this action and her name has been used to describe the Plaintiffs by exception. It must be admitted that if she is not a member of the Band, it is not necessary to exclude her specifically when describing the Band as it exists today. However, she was a member when the proceedings started. The moving Defendant points out that when the Chief changed, they changed the name of the Chief but did not remove the name of the former wife when notified she had changed bands.
[4] One of her children, a Defendant in the motion moves to have the wife's name removed from the style of cause stating that the inclusion of the wife's name in the description causes her embarrassment.
[5] The action seeks relief for all who were members of the Band when the first action was brought save for the two. There is a possibility if the wife was no longer excluded, she as a member of the Band at the time the original action was brought would be entitled to share in any recovery as being a member at that time, although not now a member. I will not therefore amend the style of cause to exclude the wife's name from the description of the Plaintiffs.
ORDER
[6] Motion to remove the name of Alice Corbiere from the description of the Plaintiffs is dismissed with costs payable by the moving party, Darlene Corbiere to the Plaintiffs fixed in the amount of $450.00 in any event of the cause.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
September 18, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-1234-98 |
| STYLE OF CAUSE: ANGELA NEVEAU, Chief of the Batchewana First Nation of Ojibways |
| on behalf of herself and all other members of the Batchewana First Nation of Ojibways, save and except JOHN M. CORBIERE and ALICE CORBIERE |
Applicants
-and-
| JOHN M. CORBIERE, GARY CORBIERE, DARLENE CORBIERE, JOSEPH CORBIERE and THE MINISTER OF INDIAN AND NORTHERN AFFAIRS CANADA |
Respondents
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: MONDAY, SEPTEMBER 18, 2000 |
WRITTEN SUBMISSIONS BY: Mr. David G. Stone
For the Applicants
K.R. Murray
For the Respondent, Darlene Corbiere
SOLICITORS OF RECORD: David G. Stone
Barrister & Solicitor
405 Wellington Street East
Sault Ste. Marie, Ontario
P6A 2M1
For the Applicants
K.R. Murray
Barrister & Solicitor
600-197 Spadina Ave.
Toronto, Ontario
M5T 1C8
For the Respondent, Darlene Corbiere
Morris Rosenberg
Deputy Attorney General of Canada
| For the Respondent, the Minister of Indian and Northern Affairs Canada |
FEDERAL COURT OF CANADA
Date: 20000918
Docket: T-1234-98
Between:
| ANGELA NEVEAU, Chief of the Batchewana First Nation of Ojibways |
| on behalf of herself and all other members of the Batchewana First Nation of Ojibways, save and except JOHN M. CORBIERE and ALICE CORBIERE |
Applicants
-and-
| JOHN M. CORBIERE, GARY CORBIERE, DARLENE CORBIERE, JOSEPH CORBIERE and THE MINISTER OF INDIAN AND NORTHERN AFFAIRS CANADA |
Respondents
| REASONS FOR ORDER |
AND ORDER