LITIGATION CHRONOLOGY ( )

Transcription

1 Date: Dec. 23/94 Litigation Event/Activity Notice of Action served on Ontario as required by the Proceedings against the Crown Act (Ontario). Dec. 28/94 Feb. 22/95 Mar. 6/95 Mar. 7/95 Apr. 19/95 Notice of Action served on Canada. Ontario s Demand for Particulars re Notice of Action. Response to Ontario s Request for Particulars. Statement of Claim issued. Motion before Mr. Justice Kent in Brantford (partially heard - continued in May). May 25/95 Motion before Mr. Justice Kent; Order providing that Statements of Defence to be delivered by June 30, 1995 subject to further Court order extending the time upon motion by the defendants. June 29/95 June 29/95 Order made designating Mr. Justice Kent to hear all pre-trial motions. Motions by Ontario and Canada to extend the time for delivery of defences heard by Mr. Justice Kent. Order providing interim extensions to September 15, 1995 and motions to extend to be heard before then. Sept. 15/95 Order requiring defences to be submitted by December 15, Oct. 11/95 Oct. 31/95 Nov. 21/95 Dec. 5/95 Dec. 5/95 Dec. 7/95 Dec. 15/95 Dec. /95 Jan. 15/96 Jan. 22/96 Jan. 26/96 Jan. 31/96 Mar. 14/96 Apr. 19/96 May 2/96 Canada s first Demand for Particulars. Response on behalf of Six Nations to Canada s first Demand for Particulars. Amendments to Statement of Claim re Talbot Road lands and re Brantford lands. Canada s second Demand for Particulars. Canada s third Demand for Particulars. Response on behalf of Six Nations to Canada s second Demand for Particulars. Response on behalf of Six Nations to Canada s third Demand for Particulars. Consent Order extending the time for Canada s Statement of Defence to January 15, 1996 and Ontario s Statement of Defence to January 22, Canada s Statement of Defence. Ontario s Statement of Defence and Cross claim. Six Nations Demand for Particulars to Canada. Six Nations Demand for Particulars to Ontario. Canada s Reply to Demand for Particulars. Ontario s Reply to Demand for Particulars. Six Nation s further Demand for Particulars to Ontario.

2 May 8/96 May 17 & 22 /96 Jul. 25/96 Summer, 1996 Oct. 25/96 Nov. 15/96 Since Then July 5/97 Aug. /97 Aug. 15/97 Oct. 7/97 July 6/98 July 13/98 July 16/98 July 21/98 July 23/98 July 23/98 Six Nation s further Demand for Particulars to Canada. Canada s and Ontario s further Replies to Demands for Particulars. Reply to pleading delivered on behalf of Six Nations. Order made for delivery of Affidavits or Lists of Documents by November 15, 1996 and allowing written discovery as well as oral discovery. Order of Justice Kent extending date for delivery of Affidavit of Documents. Affidavit/Lists of Documents delivered by all parties. Review and analysis of documents produced. Three Requests to Admit Documents served on behalf of Six Nations on both Canada and Ontario, respectively, regarding all documents listed in the Affidavits or List of Documents of the parties to the action. Responses to Request to Admit documents received from each of Canada and Ontario admitting the authenticity of all documents listed by each of the parties to the action. Six Nations retains services of expert accountant. Canada s Statement of Defence and Counterclaim to Ontario s cross claim delivered. Request to Inspect Documents served on Canada. Order made by the Federal Court discontinuing Miller v. The King. Canada replies to Request to Inspect Documents. Supplementary Affidavit of Documents served on both Canada and Ontario. Requests to Admit the truth of certain facts served on behalf of Six Nations on both Canada and Ontario. Questions on Written Examination for Discovery (Set No. 1) served on behalf of Six Nations on both Canada and Ontario (differing questions to each Defendant). Aug. 6/98 Ontario responds to Request to Admit served July 23/98. Aug. 31/98 Canada responds to Request to Admit served July 23/98. (Sept. 11/98) Sept. 15/98 (Six Nations legal representatives meet with Department of Justice representatives at the offices of Blake, Cassels & Graydon. Ontario s legal representative declines attending). Ontario answers Questions on Written Examination for Discovery served July 23/98 (but the questions and answers are not in the proper format according to the Rules of Practice). Questions on Written Examination for Discovery (Set No. 1) reissued to Canada and Ontario. Questions on Written Examination for Discovery (Set No. 2) served on behalf of Six Nations on both Canada and Ontario. Request to Admit served on behalf of Six Nations on both Canada and Ontario.

3 (Sept. 25/98) Delivered to the Honourable Jane Stewart, Minister of Indian Affairs, copies of the Request to Admit served on behalf of Six Nations on both Canada and Ontario on July 23, 1998 and the responses of both defendants to the Request to Admit. Oct. 8/98 Ontario responds to Request to Admit served Sept 24/98. Oct. 9/98 Ontario answers Questions on Written Examination for Discovery (Set No. 2) served Sept 24/98. Oct. 16/98 Canada answers Questions on Written Examination for Discovery (Set No. 1) served July 23/98. Oct. 26/98 Ontario renews offer to settle. Nov. 26/98 Canada answers Questions 5 and 6 of Written Examination for Discovery (Set No. 1) served July 23/98. Dec. 1/98 Dec. 17/98 Six Nations Demand for Particulars served on Canada and Ontario (differing demand to each defendant). Six Nations retains services of expert historian. Dec. 23/98 Canada refuses to answer Demand for Particulars served Dec 1/98. Dec. 24/98 Canada delivers Supplementary Lists of Documents Nos. 1 and 2. Mar. 11/99 Apr. 22/99 Six Nations Notice of Motion, returnable May 17/99, served on Canada and Ontario. Ontario Answers to Questions (Set No. 1) on Written Examination for Discovery. May 3/99 Canada responds to Request to Admit of September 24, May 5/99 May 12/99 May 13/99 May 17-21/99 July 27/99 Aug. 17/99 Oct. 14/99 Oct. 18/99 Oct. 25/99 Apr /00 Apr. 12/00 Apr. 25/00 Apr. 27/00 Affidavit of Susan Winger, Litigation Project Manager, Litigation Management Branch, DIAND. Canada serves its Factum to Motion. Canada serves its Responding Motion Record. Motion, returnable in Brantford, Ontario before Justice Kent. Reasons of Justice Kent ordering Canada to provide complete and proper answers to written Examination for Discovery. Canada serves Notice of Motion seeking leave to appeal decision of Justice Kent. Motion for Leave to Appeal of Justice Kent returnable in Toronto, Ontario before Justice Lane. Endorsement of Justice Lane granting Canada leave to appeal to the Ontario Divisional Court. Canada serves Notice of Appeal to Ontario Divisional Court. Appeal heard in Ontario Divisional Court. Reasons of Divisional Court dismissing Canada's Appeal. Endorsement and Order of Justice Kent for Canada to comply with Justice Kent s original order and provide complete answers by June 12, Canada serves Notice of Motion seeking leave to appeal the order of the Ontario Divisional Court to the

4 Ontario Court of Appeal. May 16/00 May 19/00 June 12/00 July 7/00 July 18/00 July 27/00 Sept. 11/00 Oct. 2/00 Oct. 17/00 Dec. 4, 5, 6, 7, 8/00 Canada serves Notice of Motion to stay the April 25, 2000 order of Justice Kent pending disposition of the Appeal to the Ontario Court of Appeal. Motion to stay the April 25, 2000 order heard in the Ontario Court of Appeal before Justice Finlayson dismissing Canada's Motion sine die. Canada delivers Answers on Written Examination For Discovery (Amended); and Reply to Demand for Particulars. Further Ruling Re: Costs. Canada's motion for leave to appeal to Ontario Court of Appeal is dismissed with costs. Six Nations Notice of Motion, returnable Sep 11/00, served on Canada and Ontario to enforce Justice Kent s Order of July 27/99. Motion adjourned, sine die, with costs on a solicitor and his/her client basis, to allow Canada to deliver new answers by October 17, Canada serves draft answers on Written Examination for Discovery and Draft Response to Demand for Particulars (pursuant to the September 11, 2000 Order of Mr. Justice Kent). Canada serves answers on Written Examination for Discovery and Response to Demand for particulars (pursuant to the September 11, 2000 Order of Mr. Justice Kent). Examination for Oral Discovery of Franklin Roy, Produced and Examined on Behalf of the Defendant, The Attorney General of Canada. July 30/01 Mr. Justice Kent fixes the amount of costs to be paid by Canada as a result of the September 11, 2000 Motion. Spring and Summer 2001 Awaiting Canada s obligation to fulfill approximately 120 undertakings from Franklin Roy s discovery held in December Intensive Preparation for October 15-19, 2001 Motion. Oct /01 Oct. 19/01 Nov. /01 Mar. 1/02 Motion regarding continued and additional issues arising from discovery of Canada including arising from responses on oral examination of Canada s representative on discovery. Reasons for Preliminary Ruling on Motion released by Justice Kent on sample groups of questions. Written submissions filed on behalf of Six Nations and on behalf of Canada concerning discovery questions, particulars and undertaking answers. Reasons for Ruling on Motion. May /02 Canada serves revised answers required by the rulings of October 19, 2001 and March 1, Sept. 9/02 Canada responds to Six Nations concerns stated in June 2002 letter. New responses provided and explanations of Canada s positions in certain instances are stated. Sept. 24/02 Six Nations lawyers advise Canada of its objections to Canada s positions as set out in its September 9, 2002 letter. Oct. 16/02 Canada formerly provides its revised answers and states it will not amend its answers to address Six

5 Nations concerns. May 6/03 July 4/03 Fall/Winter /03-04 Winter /04 July 20/04 June 18/04 July 29/04 Aug. 1/04 Aug. 20/04 Sep. 13/04 Jan./05 April /06 to /09 April /09 July 11 /11 July 10/12 July 27/12 Aug. 20/12 Sept. 20 /12 Feb. 22/13 Dec. 18/13 Canada requests that Ontario provide a further and better List of Documents. Six Nations Supplementary Affidavit List of Documents No. 2 is served on Canada. Preparation of a Supplementary Affidavit of Documents No. 3. Preparation for continued discovery of Canada and Ontario progressing. Received Supplementary List of Documents No. 6 of the Attorney General of Canada. Six Nations Council decided to explore reaching an out of court settlement with Canada and Ontario as an alternative to litigation. Six Nations Supplementary Affidavit List of Documents No. 3 is served on Canada. The Exploration Team began working on setting terms of an agreement to not actively work on the litigation with Canada and Ontario. Notice of Change of Solicitors naming Maurice Law, with Kathleen N. Lickers as the lead, as the Solicitors of Record. Six Nations, Canada and Ontario agreed to explore the potential for an out of court settlement ( without prejudice ). Notice of Change of Solicitors naming Kathleen N. Lickers, Barrister & Solicitor, as the Solicitors of Record. Douglas Creek Estates Negotiations between Six Nations, Canada and Ontario with Haudenosaunee Confederacy Council as the lead. Litigation taken out of abeyance and motion to change of solicitors to the original law firm of Blakes as the Solicitors of Record. Six Nations Supplementary Affidavit List of Documents No. 4 is served on Canada. Six Nations delivers Request to Admit Documents to Canada and Ontario Canada s Response to Request to Admit Documents Ontario s Response to Request to Admit Documents Six Nations delivers Request to Admit Facts Describing Various Persons Identified in Certain Relevant Documents to Canada and Ontario. Canada s Response to Request to Admit Facts Describing Various Persons Identified in Certain Relevant Documents Six Nations delivers Request to Admit Facts list of documents describing Government Organization Of Indian Affairs to Canada and Ontario