Dumais Estate v. Canada (Indian Affairs and Northern Development)

canada, canadian, case law, court opinion, canlii, fca, 2026fca133, 2026 fca 133 (canlii), 2026, fca, 133, (canlii), a-26-20, 2026, procedure, jurisdiction of the federal court, default proceedings, ito, int'l terminal operators v. miida electronics, whether the federal court had a statutory grant of jurisdiction to assess damages, federal courts act, s. 17 invoked and rejected, statutory limits on federal court jurisdiction emphasised, appeal dismissed, statutory interpretation, federal courts act, s. 17(4), conflicting claims, roberts v. canada, whether “conflicting claims” includes “divided obligations” between the crown and a band, concurrent claims distinguished from irreconcilable claims, no evidentiary basis for competing claims regarding allocation of benefits, appeal dismissed, statutory interpretation, federal courts act, para. 17(5)(b), agent of the crown, crown liability and proceedings act, s. 3, whether a band acted as an officer, servant, or agent of the crown for membership services and benefits, de jure and de facto control required, indian act and funding documents insufficient to establish agency, appeal dismissed, procedure, natural justice, participation after defence struck, whether permitting the band to make submissions on jurisdiction violated procedural rights, appellants allowed to object more than once, court’s duty to satisfy itself of jurisdiction, discretion to hear submissions upheld, appeal dismissed