PRACTICE |
Res Judicata |
Beattie v. Canada
A-834-00
2001 FCA 309, Sexton J.A.
18/10/01
12 pp.
Appeal from Trial Division order ([2002] F.C.J. No. 1920 (QL)) striking out statement of claim filed by appellants on basis action scandalous, frivolous, vexatious as appellants seeking to litigate subject-matter already determined by Court--In 1978, action brought by Chiefs of Blueberry River Indian Band, Doig River Indian Band against Crown, arising out of surrender, sale of Indian Reserve No. 172 set aside for Fort St. John Band of Beaver Indians--Plaintiffs claiming Crown guilty of various acts, omissions relating to fiduciary obligations to them in relation to Indian Reserve No. 172--Matter litigated to S.C.C. ordering plaintiffs entitled to damages against Crown for breach of fiduciary duty with respect to mineral rights in Indian Reserve No. 172--Question of damages settled by F.C.T.D. decision dated March 2, 1988 awarding plaintiffs $147 million inclusive of damages, prejudgment interest, costs in all levels of Court--Crown arguing present action barred by doctrine of res judicata on ground of either cause of action estoppel or issue estoppel--Four criteria for application of cause of action estoppel established herein--Appellants, with exception of Mr. Beattie who only claimed by assignment, parties in Blueberry River Indian Band v. Canada (Department of Indian Affairs and Northern Development), [1995] 4 S.C.R. 344 case, represented by counsel--Barred by doctrine of res judicata on ground of cause of action estoppel from proceeding with new action--Also barred by reason of doctrine of res judicata on ground of issue estoppel--Appeal dismissed.