Williams v. Lake Babine Band
A-649-95
Robertson J.A.
5/2/96
4 pp.
Appeal from Trial Division order dismissing motion to strike statement of claim on ground disclosing no reasonable cause of action-Statement of claim arising from concerns raised by Band members regarding elections procedures-Deference normally due to exercise of discretionary power by Motions Judge not applying as no reasons for order given-Indian Band Council constituting "federal board, commission or other tribunal" within meaning of Federal Court Act-Court having jurisdiction to address issue but only in context of s. 18 application and not in context of action initiated by way of statement of claim-Relief sought cannot be granted in context of action-Act, s. 18.4(2) precluding conversion of action into application for judicial review-Even if conversion allowed, 30-day limitation period past-Appeal allowed with costs to appellants-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.4(2) (as enacted by S.C. 1990, c. 8, s. 5).