Semiahmoo Indian Band v. Canada
T-1878-90
Reed J.
28/9/95
7 pp.
Whether defendant breached fiduciary duty to plaintiffs in requiring surrender of part of latter's reserve-Surrender taking place in 1951-Department of Public Works considering expansion of customs facilities located near plaintiffs' reserve-Land surrendered remaining in hands of defendant ever since-Reserve allocated to Band in 1889, comprising 382 acres-Close to Canada-U.S. border-Band knew defendant, at all times, had right to expropriate land for public purposes if Band refused to surrender-Price agreed upon $550 per acre-Price paid not below market value-No condition attached to surrender land to be returned to Band if not used for customs facility-Price paid indicating intention to effect absolute surrender, not conditional surrender-Land not all used for customs purposes-No express or implied reversionary term as part of surrender-Breach of fiduciary duty by defendant vis-à-vis Band-More land taken than required-Much of it remaining unused by Crown-Taking not conditional-Obligation on fiduciary to condition taking by reversionary provision, or ensure by other mechanism least possible impairment of plaintiffs' rights occurs-Breach of fiduciary duty owed to plaintiffs-British Columbia Limitation Act applicable herein-Breach of fiduciary duty not continuing-Six-year limitation period, thirty-year ultimate limitation period under Act requiring dismissal of plaintiffs' claim-Judgment in favour of defendant-Limitation Act, R.S.B.C. 1979, c. 236.