ORR v FORT MCKAY FIRST NATION, 2014 ABQB 111
7.3: Summary Judgment (Application and decision)
7.5: Application for judgment by way of summary trial
The Plaintiff appealed the Judgment of a Master dismissing his Application for partial Summary Judgment. The Plaintiff was a First Nations Councillor and had been suspended by the First Nations Band Council. That suspension was quashed by the Federal Court. However, he did not receive payment for the time that he was suspended. The Plaintiff sought Summary Judgment for the pay that he did not receive during his suspension.
The Court cited the test for Summary Judgment as “whether the evidence renders a claim or defence so compelling that the likelihood it will succeed is very high”. The Court reviewed the Supreme Court of Canada case of Hryniak v Mauldin, 2014 SCC 7 (“Hryniak”) and held that, without diminishing the weight of the guiding principles provided in Hryniak, Hryniak applies to Applications under Rule 7.5, and not Rule 7.3.
The Court held that there was inadequate evidence to establish that the First Nations Band was legally obligated to pay the Plaintiff any funds. The Court also held that the cause of action pleaded by the Plaintiff, breach of compensation for electoral office, is not currently recognized as a cause of action. The Application was dismissed.View CanLII Details