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Date: 20030204
Docket: A-62-02
Neutral citation: 2003 FCA 63
CORAM: ROTHSTEIN, J.A.
BETWEEN: JAMES HOFER Appellant (Plaintiff) - and -
THE QUEEN IN RIGHT OF CANADA and THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (as represented by the Department of Indian Affairs and hereinafter referred to as DIAND)
- and -
THE BLOOD TRIBE CHIEF AND COUNCIL representing all members of the Blood Band of Indians (as represented by the Blood Tribe Department of Lands (hereinafter referred to as BTLD) - and -
LEVI BLACKWATER Respondents (Defendants)
Heard at Edmonton, Alberta, on February 4, 2003. Judgment delivered from the Bench at Edmonton, Alberta, on February 4, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN, J.A.
CONCURRED IN BY: EVANS, J.A. MALONE, J.A. Date: 20030204
Docket: A-62-02
Neutral Citation: 2003 FCA 63
CORAM: ROTHSTEIN, J.A.
BETWEEN:
JAMES HOFER
Appellant (Plaintiff)
- and -
THE QUEEN IN RIGHT OF CANADA and THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (as represented by the Department of Indian Affairs and hereinafter referred to as DIAND)
- and -
THE BLOOD TRIBE CHIEF AND COUNCIL representing all members of the Blood Band of Indians (as represented by the Blood Tribe Department of Lands (hereinafter referred to as BTLD)
- and -
LEVI BLACKWATER
Respondents (Defendants)
REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton, Alberta, on February 4, 2003.)
[1] In spite of the arguments of the Appellant, we have not been persuaded that Hugessen, J. erred in any manner that would justify intervention by this Court. Hugessen, J. drew inferences from the facts before him and the Appellant has not demonstrated any palpable or overriding error in the inferences drawn. The appeal will be dismissed. The Crown and the Blood Tribe are each entitled to costs in the sum of $2,500.00 inclusive of disbursements. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-62-02 STYLE OF CAUSE: JAMES HOFER v. THE QUEEN IN RIGHT OF CANADA et al. and THE BLOOD TRIBE CHIEF AND COUNCIL et al. and LEVI BLACKWATER PLACE OF HEARING: EDMONTON, ALBERTA DATE OF HEARING: FEBRUARY 4, 2003 REASONS FOR JUDGMENT BY ROTHSTEIN, J.A. CONCURRED IN BY: EVANS, J.A. MALONE, J.A. DATED: FEBRUARY 4, 2003 APPEARANCES: Thomas B. MacLachlan FOR THE APPELLANT Kim Gowin FOR THE RESPONDENT (THE QUEEN IN RIGHT OF CANADA et al.) Kenneth R. McLeod FOR THE RESPONDENTS BLOOD TRIBE CHIEF AND COUNCIL et al. and LEVI BLACKWATER
SOLICITORS OF RECORD: MacLachlan McNab Hembroff FOR THE APPELLANT Barristers & Solicitors Lethbridge, Alberta Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada (THE QUEEN IN RIGHT OF Ottawa, Ontario CANADA et al.) Walsh Wilkins Creighton LLP FOR THE RESPONDENTS Barristers & Solicitors BLOOD TRIBE CHIEF AND Calgary, Alberta COUNCIL et al. and LEVI BLACKWATER |
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