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SCC Decision: April 3, 2008

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Canada (Attorney General) v. Lameman, 2008 SCC 14
Click here to link to the full judgment.
(Limitation of actions / Summary dismissal / Discovery of cause of action)
The plaintiffs, claiming to be descendants of an Indian Band that surrendered its treaty rights and Reserve rights in the late 1800s, brought an action against the Crown for breach of fiduciary duty, fraudulent and malicious behaviour, and treaty breach.  The chambers judge dismissed the claim summarily, finding that most of the claims did not disclose a genuine issue for trial, the plaintiffs did not have standing, and most of the claims were barred by the statutory limitation period.  The Court upheld the chambers judge's decision, holding that the evidence before the chambers judge suggested that any cause of action would have been clear in the 1970s, meaning that the action was out of time.
Majority/Dissent: 7/0