Date: 20020910
Docket: A-78-99
Neutral citation: 2002 FCA 315
CORAM: Létourneau J.A.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Appellant
and
THE SAHTU SECRETARIAT INCORPORATE
Respondent
Motion dealt with in writing without appearance of parties
Order delivered at Ottawa, Ontario, September 10, 2002
REASONS FOR ORDER BY: SHARLOW J.A.
CONCURRED IN BY: LÉTOURNEAU J.A.
PELLETIER J.A.
Date: 20020910
Docket: A-78-99
Neutral citation: 2002 FCA 315
CORAM: Létourneau J.A.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Appellant
and
THE SAHTU SECRETARIAT INCORPORATE
Respondent
REASONS FOR ORDER
[1] In Sahtu Secretariat Inc. v. Canada, (1999), 12 F.T.R. 30, a judge of the Trial Division declared that amounts payable to the Crown pursuant to clause 18 of a certain agreement between the Crown and Imperial Oil Limited dated July 21, 1944 are "royalties" as defined in the Sahtu Dene and Metis Comprehensive Land Claim Agreement (the "Sahtu Dene Agreement"), and ordered an accounting of sums payable to the Respondent as a result. The Crown appealed.
[2] The hearing of the appeal was scheduled for hearing on May 23, 2000. At the commencement of the hearing, the parties sought an adjournment on the basis that they were pursuing a settlement. The parties have now entered into an agreement pursuant to which the Crown will make a substantial payment to the Respondent, and the definition of "royalty" in the Sahtu Dene Agreement will be amended retroactively to exclude the payments in question. The amendment changes fundamentally the factual basis of the judgment under appeal, and the Respondent has agreed that it should be reversed. Accordingly, the Crown has moved, with the consent of the Respondent, for an order allowing the appeal. The motion will be granted.
"K. Sharlow"
J.A.
"I agree
Gilles Létourneau"
"I agree
J.D.Denis Pelletier"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-78-99
STYLE OF CAUSE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE SAHTU SECRETARIAT INCORPORATED
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
REASONS FOR ORDER BY: The Honourable Justice Sharlow
DATED: September 10, 2002
WRITTEN REPRESENTATIONS BY:
James S. Peacock FOR THE APPELLANT
Michael P. Caroll, Q.C. FOR THE RESPONDENT
SOLICITORS OF RECORD:
GOWLING LAFLEUR HENDERSON LLP FOR THE APPELLANT
BARRISTERS & SOLICITORS
CALGARY, ALBERTA
DAVIS & COMPANY FOR THE RESPONDENT
BARRISTERS & SOLICITORS
VANCOUVER, B.C.