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Date: 19991214


Docket: A-80-98

CORAM:      ISAAC, J.A.

         McDONALD, J.A.

         SEXTON, J.A.

    

BETWEEN:

     IMPERIAL OIL RESOURCES LIMITED

     Respondent (Applicant)

     - and -


     RONALD A. IRWIN, in his capacity as MINISTER OF INDIAN

     AFFAIRS AND NORTHERN DEVELOPMENT and HER MAJESTY

     THE QUEEN IN RIGHT OF CANADA as represented by the

     EXECUTIVE DIRECTOR OF INDIAN OIL AND GAS CANADA,

     DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT

     Appellant (Respndent)


Heard at Calgary, Alberta on Tuesday, the 14th day of December, 1999.

Judgment delivered at Calgary, Alberta on Tuesday, the 14th day of December, 1999.


REASONS FOR JUDGMENT BY:      ISAAC, J.A.





Date: 19991214


Docket: A-80-98

CORAM:      ISAAC, J.A.

         McDONALD, J.A.

         SEXTON, J.A.     

BETWEEN:

     IMPERIAL OIL RESOURCES LIMITED

     Respondent (Applicant)

     - and -

     RONALD A. IRWIN, in his capacity as MINISTER OF INDIAN AFFAIRS

     AND NORTHERN DEVELOPMENT and HER MAJESTY THE QUEEN

     IN RIGHT OF CANADA as represented by the EXECUTIVE DIRECTOR

     OF INDIAN OIL AND GAS CANADA, DEPARTMENT OF

     INDIAN AFFAIRS AND NORTHERN DEVELOPMENT

     Appellant (Respondent)

    

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Calgary (Alberta)

     on Tuesday, December 14, 1999)

ISAAC, J.A.:

     This is an appeal from the judgment of a Motions Judge in the Trial Division, pronounced on January 15, 1998. The Appellants took several objections to the judgment. After having heard and considered the arguments of counsel for the parties to this appeal, we are all of the view that the Appellants have not satisfied us to the


requisite degree that the learned Motions Judge made any error which would justify the intervention of this Court. We would, therefore, dismiss the appeal with costs.



     "Julius A. Isaac"

     J.A.

    














     FEDERAL COURT OF APPEAL

    



Date: 19991214


Docket: A-80-98



BETWEEN:

     IMPERIAL OIL RESOURCES LIMITED

     Respondent (Applicant)

     - and -

     RONALD A. IRWIN, in his capacity as

     MINISTER OF INDIAN AFFAIRS AND

     NORTHERN DEVELOPMENT and HER MAJESTY

     THE QUEEN IN RIGHT OF CANADA as

     represented by the EXECUTIVE DIRECTOR

     OF INDIAN OIL AND GAS CANADA,

     DEPARTMENT OF INDIAN AFFAIRS AND

     NORTHERN DEVELOPMENT

     Appellant (Respondent)







    

     REASONS FOR JUDGMENT

    

     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD




COURT FILE NO.:      A-80-98

STYLE OF CAUSE:      IMPERIAL OIL RESOURCES LIMITED
     v. RONALD A. IRWIN et al.     

PLACE OF HEARING:      CALGARY, Alberta

DATE OF HEARING:      Tuesday, December 14, 1999

REASONS FOR JUDGMENT OF ISAAC, J.A.

DATED:      December 14, 1999     



APPEARANCES:

Mr. E. David D. Tavender, Q.C.      for the Respondent (Applicant)

Mr. James Shaw      for the Appellant (Respondent)


SOLICITORS OF RECORD:

Milner, Fenerty

Calgary, Alberta      for the Respondent (Applicant)

Morris Rosenberg

Deputy Attorney General

of Canada

Ottawa, Ontario      for the Appellant (Respondent)

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