Corbiere v. Hewson
A-260-98
Isaac J.A.
10/12/99
10 pp.
Appeal from Trial Division order staying proceedings for judicial review and ordering they be restored only with good lawful reason and after immediate, non-refundable payment of costs-Appellant had been removed from office of chief of Batchewana First Nation Band before expiration of two-year term, by declaration of Deputy Minister of Indian Affairs and Northern Development-Issues whether Motions Judge erred in staying originating notice of motion for mootness; whether Motions Judge erred in awarding costs-Appeal allowed-Minister or Attorney General of Canada should be added as party-Motions Judge erred in exercising authority under Act, s. 50(1) as ordered stay under mistaken notion originating notice of motion document which ACJ had ordered withdrawn whereas document motion for interim relief-Motions Judge also erred in concluding judicial review application moot-Although new chief has been elected, appellant sought not to be returned to office, but to clear his reputation alleged to have been tarnished by incorrect decision based on allegedly flawed inquiry process-So, live controversy still exists-Motions Judge's order as to costs unusual-No basis for Motions Judge's impression appellant unduly dilatory or abusing process of Court-Award of costs unwarranted and set aside-Federal Court Act, R.S.C., 1985, c. F-7, s. 50(1).