Corbiere v. Canada ( Minister of Indian and Northern Affairs ), [1995] 2 F.C. 0


Corbiere v. Canada ( Minister of Indian and Northern Affairs )

T-3038-90

Muldoon J.

25/11/94

7 pp.

Application to set aside consent order extending suspension of initial judgment ([1994] 1 F.C. 394) or to cancel order suspending operation of initial judgment-Initial judgment declaring Indian Act, s. 77(1) in violation of Charter and suspending operation of declaration until fixed date-With apparent consent of plaintiffs' counsel, fixed date extended to indeterminate date pending hearing of resulting appeals and cross-appeal-Applicants (plaintiffs) disputing authorization of former counsel to consent to change in date-Court refusing to adjudicate issue of consent-Plaintiffs bound by former counsel's expression of their consent, regardless of resolution of issue of consent: Scherer v. Paletta, [1966] 2 O.R. 524 (C.A.); Propp v. Fleming (1968), 67 D.L.R. (2d) 630 (B.C.C.A.); Bandag Inc. v. Vulcan Equipment Co. Ltd., [1977] 2 F.C. 397 (T.D.); Revelstoke Cos. v. Moose Jaw (City), [1984] 1 W.W.R. 52 (Sask. Q.B.); Shurb v. Brandon (City), [1989] 2 W.W.R. 278 (Man. Q.B.); Alken Basin Drilling Ltd. v. Fraser, [1994] A.J. No. 710 (Q.B.) (QL)-Plaintiffs further asserting defendants not proceeding with appeal as expeditiously as possible pursuant to R. 341A-Schachter v. The Queen, [1992] 2 S.C.R. 679, requiring fixed date for expiry of suspension of declaratory judgment's operation-To reconcile Schachter and R. 341A requirement, Court setting fixed date whereby defendants, upon failure to deposit factums and set date for appeal hearing, deemed to be not proceeding as expeditiously as possible-Court indicating willingness to entertain application for prohibition preventing band counsel from dealing with issues at bar until adjudication of appeal-Indian Act, R.S.C., 1985, c. I-5, s. 77(1) (as am. by R.S.C., 1985 (1st Supp.), c. 32, s. 14)-Federal Court Rules, C.R.C., c. 663, R. 341A (as enacted by SOR/79-57, s. 8).

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