1985 SAWRIDGE TRUST v ALBERTA (PUBLIC TRUSTEE), 2012 ABQB 365
2.11: Litigation representative required
2.15: Court appointment in absence of self-appointment
2.16: Court-appointed litigation representatives in limited cases
The Applicant applied to have the Public Trustee of Alberta (the “Public Trustee”) appointed as the Litigation Representative for a group of minors potentially affected by proposed changes to the 1985 Sawridge Trust (the “Trust”), which was to be amended as a consequence of amendments to the Indian Act relating to Band membership.
Rule 2.11 states that a person under 18 years of age must have a Litigation Representative to participate in an Action, and Rule 2.15 grants the Court authority to appoint a Litigation Representative for these individuals. Rule 2.16 mandates that a Litigation Representative is required where the membership of a trust is unclear.
In applying Rule 2.16, Thomas J. appointed the Public Trustee as Litigation Representative for the minors because the number of potentially affected minors was unclear, namely, the children of applicants seeking to be admitted into membership of the Sawridge Band. The Court concluded that the affected minors under the Trust were persons who could have been readily ascertained, and that their interests may have been at risk. For this reason, the Court charged the Public Trustee with determining which minors were affected by the amendments to the Trust, and enforcing their legal rights once they were identified.View CanLII Details