CROWN |
Contracts |
Sahtu Secretariat Inc. v. Canada
A-78-99
2002 FCA 315, Sharlow J.A.
10/9/02
2 pp.
Motion on consent for order allowing appeal from Trial Division decision ((1999), 162 F.T.R. 30) declaring amounts payable to Crown pursuant to clause 18 of 1944 agreement between Crown, Imperial Oil Limited "royalties" as defined in Sahtu Dene and Metis Comprehensive Land Claim Agreement, ordering accounting of sums payable to respondent as result--Parties since entering settlement agreement pursuant to which Crown will make substantial payment to respondent, and definition of "royalty" in Sahtu Dene Agreement will be amended retroactively to exclude payments in question--Amendment fundamentally changing factual basis of judgment under appeal, and respondent agreeing should be reversed--Motion granted.