PRACTICE |
Limitation of Actions |
Francis v. Canada (Minister of Indian and Northern Affairs)
T-1783-99
Dubé J.
9/6/00
8 pp.
Appeal under Indian Act, s. 47 attacking decision of William Nye, Manager, Registration, Indian and Inuit Affairs, declaring May 21, 1997 will of Joseph Francis valid--Appellants son, grandson of late Joseph Francis--On March 6, 1996, latter made will appointing son Michael Francis as executor, divesting all estate to him--On May 21, 1997 made second will appointing daughter Imelda Augustine executrix, divesting home to younger son John Peter Francis--Died on February 16, 1998--Minister's delegate, Mr. Nye, concluding 1997 will superseded 1996 will--No conclusive evidence Joseph Francis not of sound mind when signed later will dated May 21, 1997 naming Imelda Augustine as executrix--Act, s. 47 providing Minister's decision must be appealed within two months from date of decision and only if amount in controversy exceeds $500--Respondent submitting Court without jurisdiction to hear appeal on grounds appeal not filed within two months from date of decision, amount in controversy did not exceed $500--Decision appellants seek to appeal communicated to them by letter dated January 26, 1999--Time period ran out on March 26, 1999--Notice of appeal filed only on September 13, 1999, more than seven months after January 26, 1999--Court not having jurisdiction to hear matter--Wording of s. 47 clear, unambiguous--Amount in controversy not exceeding $500--Appeal dismissed--Indian Act, R.S.C., 1985, c. I-5, s. 47.