Date: 19980623
Docket: A-379-98
CORAM: MARCEAU J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
ALEC CHINGEE, SHARON SOLONAS,
TANIA SOLONAS, ELIZABETH SOLONAS,
and PATRICK PRINCE in their capacity as
Chief and Councillors of the McLeod Lake Indian Band
Plaintiffs/Respondents
- and -
HARRY CHINGEE, VICTOR CHINGEE, GILBERT CHINGEE
Defendants/Appellants
- and -
THE MINISTER OF INDIAN AND NORTHERN AFFAIRS,
and THE ATTORNEY GENERAL OF CANADA
Defendants/Respondents
REASONS FOR ORDER OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia,
on Tuesday, June 23, 1998)
MARCEAU J.A.
[1] Counsel for the defendants/appellants, in spite of the excellence of his presentation, has not been able to persuade us that the order of the trial judge allowing the disposition before trial of specific preliminary questions under Rule 220(1)(a) of the Federal Court Rules, 1998 should be stayed pursuant to Rule 398(1)(b) until his appeal against that order be heard. The harm that may be caused to his clients by a decision contrary to their views does not have the character of irreparability required. It is even our view that a stay could contribute to further delay the proper progression of a litigation that should not be prolonged.
[2] This decision should not, however, be seen as prejudicing the right of counsel to seek an expedited hearing of his appeal against the order or any other special relief that may appear to him necessary following the disposition of the July 31 preliminary hearing.
[3] The costs of this application shall be in the cause.
"Louis Marceau"
J.A.
Date: 19980623
Docket: A-379-98
CORAM: MARCEAU J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
ALEC CHINGEE, SHARON SOLONAS,
TANIA SOLONAS, ELIZABETH SOLONAS,
and PATRICK PRINCE in their capacity as
Chief and Councillors of the McLeod Lake Indian Band
Plaintiffs/Respondents
- and -
HARRY CHINGEE, VICTOR CHINGEE, GILBERT CHINGEE
Defendants/Appellants
- and -
THE MINISTER OF INDIAN AND NORTHERN AFFAIRS,
and THE ATTORNEY GENERAL OF CANADA
Defendants/Respondents
Heard at Vancouver, British Columbia, on Tuesday, June 23, 1998.
Order rendered from the Bench on Tuesday, June 23, 1998.
REASONS FOR ORDER OF THE COURT BY: MARCEAU J.A.
FEDERAL COURT OF APPEAL
Date: 19980623
Docket: A-379-98
BETWEEN:
ALEC CHINGEE, SHARON SOLONAS,
TANIA SOLONAS, ELIZABETH SOLONAS,
and PATRICK PRINCE in their capacity as
Chief and Councillors of the
McLeod Lake Indian Band
Plaintiffs/Respondents
- and -
HARRY CHINGEE, VICTOR CHINGEE,
GILBERT CHINGEE
Defendants/Appellants
- and -
THE MINISTER OF INDIAN AND
NORTHERN AFFAIRS, and
THE ATTORNEY GENERAL OF CANADA
Defendants/Respondents
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF CANADA APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
| COURT FILE NO.: |
A-379-98 |
|
| STYLE OF CAUSE: |
|
Alec Chingee et al v. Simon Chingee |
|
|
|
et al |
| PLACE OF HEARING: |
|
Vancouver, B. C. |
| DATE OF HEARING: |
|
June 23, 1998 |
REASONS FOR JUDGMENT OF MARCEAU J.A., LINDEN J.A., ROBERTSON J.A. DATED: June 23, 1998
APPEARANCES
Mr. Robert LonerganFOR PLAINTIFFS (RESPONDENTS)
Mr. Stan AshcroftFOR DEFENDANTS (APPELLANTS)
Ms. Rosanne Kyle FOR DEFENDANT (RESPONDENT) THE MINISTER OF NORTHERN AFFAIRS
SOLICITORS OF RECORD:
Russell & DuMoulin FOR PLAINTIFFS (RESPONDENTS) Vancouver, B. C.
Ganapathi Ashcroft & Co. FOR DEFENDANTS (APPELLANTS) Vancouver,B. C .
Morris Rosenberg FOR DEFENDANT (RESPONDENT) Deputy Attorney General of Canada THE MINISTER OF NORTHERN AFFAIRS