Digests

Decision Information

Decision Content

Martel v. Samson Band of Indians

T-2391-88

Hugessen J.

17/9/98

5 pp.

Motion to amend statement of defence filed by defendant Samson Band-Action started in 1988-Only two of original seventeen plaintiffs remaining in action asserting claim against Band-Others have either died or discontinued action against Band-Proposed amendments to statement of defence far reaching as asserting claim of nationhood on part of Band-When considering whether to allow amendment most important test that of possible prejudice to parties in allowing or not amendment-Proposed amendments if granted will add substantially to time required not only to make case ready for trial but also to time of trial itself-Will substantially increase danger of plaintiffs never realizing fruits of action-Mortality, attrition by other means serious risk-Unless judgment rendered in Band's favour plaintiffs enjoy presumption of validity and presumptive status as registered members of Band-Plaintiffs Stoyka and Schug elderly women in indifferent health, of modest means-To deprive them of per capita payments which are their due as members of Band likely to cause them irreparable harm-No prejudice caused to Band if it recognizes at least some of rights to which status entitles plaintiffs-Proposed amendments allowed with exception of amendment to prayer for relief in paragraph 9 of statement of defence, on terms which will require Band to pay to plaintiffs Stoyka and Schug all per capita payments whether capital or revenue payable to Band members-Plaintiffs accountable for such payments-Proposed amendment to prayer for relief in paragraph 9 refused without prejudice to Band's right to move for leave to bring third party claim for declaration against Crown.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.