Place of Hearing

The ongoing injunction proceedings in Brantford (COURT FILE NO.: CV-08-334 The Corporation of the City of Brantford v. Ruby Montour, et al unreported) related to aboriginal land rights and municipal development are at a very preliminary stage.

That said, in the ruling granting an adjournment on terms of the motion for an injunction, the Court made an interesting comment with respect to the place of hearing.

The Court declined to move the place of hearing to convenience counsel because the matters were of considerable local significance.

The Court noted:

Although not necessary to do so based on the decision I have made, I wish to comment on the request, as part of the request of to appoint a Rule 37.15 judge, that motions in this proceeding be heard in the City of Toronto. The basis for that request is that all counsel who have currently been retained practice in the City of Toronto. In my view, the issues to be decided in this proceeding are sufficiently important to the citizens of the City of Brantford and members of the Haudenosaunee community and the Six Nations community that motions and other steps in this action should be held in or near the City of Brantford.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4