Classification Number. VII.1 Employment law -- Bands and First Nations as employers Indian band established negotiations office ("office") to negotiate contracts on its behalf with Manitoba Hydro with respect to significant hydro-electric projects -- Employee was member of Indian band all his life and was employed as member of office; he was terminated by Chief and Council of Indian band -- Employee filed unjust dismissal and wage claims under Labour Code; adjudicator/referee was appointed to hear and determine both unjust dismissal complaint and eventual wage order appeal -- Indian band served adjudicator/referee with Notice of Constitutional Question pursuant to s. 57 of Federal Courts Act which challenged his jurisdiction to hear claims; adjudicator/referee applied functional test and found he did have jurisdiction -- Indian band brought application for judicial review of decision -- Application granted -- Adjudicator/referee’s finding that Indian band was employer was reasonable finding of mixed fact and law and was entitled to deference -- However, adjudicator/referee erred in his characterization of normal and habitual activities of office by focusing on fact that beneficiaries of its activities were members of Indian band -- Sole consideration was nature of habitual activities undertaken by entity and habitual activities of office were to negotiate with Hydro, provincial Crown corporation established and regulated by provincial statute -- Apart from fact that some of negotiated provisions acknowledged adverse effects that some projects had on members of Indian band, there was nothing federal about office’s work. Fox Lake Cree Nation x. Xxxxxxxx (2013), 2013 CarswellNat 4772, 2013 FC 1276, Xxxxxx X. Xxxx J. (F.C.) [Federal] ABL.X.7 Subject Title: Aboriginal law Classification Number: X.7 Practice and procedure -- Miscellaneous Costs -- Lands which formed part of reserve land of First Nation band were leased by golf club -- British Columbia Assessment Authority assessed golf club’s lands for municipal tax purposes -- Band appealed to Musqueam Indian Band Board of Review -- Board brought stated case, which involved two questions of law -- Hearing on costs was held -- Band was ordered to pay costs at Scale B -- Order as to costs was appropriate -- Consideration of award of costs in situation involving stated case was not unusual or rare. Musqueam Indian Band Board of Review v. Musqueam Indian Band (2013), 2013 CarswellBC 3636, 2013 BCSC 2214, Maisonville J. (B.C. S.C.); addit...
Classification Number. Provide the HS tariff classification of the good to the 6-digit level.
Classification Number. XV.8.b Children in need of protection -- Status review hearing -- Access by parents Mother had history of substance abuse and homelessness -- Mother was involved in relationship that involved drinking and domestic violence -- Mother made minimal attempts to access programs and supports -- Order for permanent guardianship of child was granted and child was placed with aunt and uncle -- Mother was invited to make submission on access -- Mother granted access -- Mother was granted supervised access at minimum of one visit per month -- Onus was on mother to schedule visits -- If mother missed three scheduled visits in six-month period, access would revert to discretion of Director. Alberta (Child, Youth and Family Enhancement Act, Director) v. PM (2018), 2018 CarswellAlta 265, 2018 ABPC 39, W.S. Xxxxxx Xxxx. J. (Alta. Prov. Ct.) [Alberta]
Classification Number. XX.1.k Costs -- In family law proceedings generally -- Offer to settle Parties disputed whether separation agreement needed to be varied -- Agreement provided in part that father, higher income earner, was to pay half of setoff amount of child support to mother in situation of shared parenting -- At trial, full setoff amount was held to be required to be paid to mother and agreement was varied to reflect that -- Retroactive payment to mother resulted -- Clarifying language was added to agreement, which gave rise to mother’s application for clarification of paragraphs in judgment dealing with ongoing calculation of parties’ incomes and resulting adjustments to setoff amount, as well as their respective contributions to special and extraordinary expenses -- More specific mechanism as provided for in relevant paragraph of judgment, despite underlying intentions, would ultimately create more problems than it would solve -- Support was to be adjusted based on information available from tax returns and notices of assessment when that material became available -- Language of agreement was to be modified accordingly -- Mother was provisionally awarded costs at ordinary scale of difficulty for having achieved substantial success on issues of importance -- Mother sought double costs from time of delivery of offer to settle on April 15, 2015, just before commencement of trial -- Offer was not one that should reasonably have been accepted -- State of disclosure and reasonable understanding of law at time that offer was delivered were against determinative considerations and case was not suitable for double costs award.
