PRACTICE |
Parties |
Joinder |
Miller v. Six Nations of the Grand River Band of Indians
T-1301-98
Heneghan J.
12/4/00
6 pp.
Motion to join minor child as applicant in application for judicial review of Six Nations Council decision directing applicant's wife to remove herself from Six Nations of Grand River Territory--Affidavit in support of motion providing details as to perceived effect of eviction notice on physical, mental and social well-being of minor child--Motion allowed--Motion governed by Federal Court Rules, 1998, r. 104(1)(b) providing Court may order party be added to ensure all matters in dispute in proceeding may be effectively and completely determined--Rr. 115, 121 specifically recognizing status of infant child as person under disability--Child may have interest not fully protected by father as remaining applicant in application for judicial review--Child clearly having interest in decision--Child also suffering from serious health problem: fetal alcohol syndrome--No prejudice to respondent resulting in addition of child as applicant and child should be joined as party in order that all matters and disputes be effectually and completely determined, as mandated by r. 104(1)(b)--Federal Court Rules, 1998, SOR/98-106, rr. 104(1)(b), 115, 121.