Buck Estate v. Canada (Attorney General)

canada, canadian, case law, court opinion, canlii, fca, 2026fca153, 2026 fca 153 (canlii), 2026, fca, 153, (canlii), a-130-25, 2026, procedure, appeals, federal courts rules, rule 51, standard of review, whether the associate judge committed an error of law or palpable and overriding error, “strong tactical burden” where federal court appears to have given a complete answer, requests to reweigh the evidence rejected, appeal dismissed with costs, procedure, confidentiality order, open court principle, sherman estate v. donovan, whether the confidentiality order should be set aside for not explicitly setting out the controlling legal test, federal courts act, s. 52(b)(i), power to make the decision that should have been made, distinguishing fletcher v. ontario on these facts, appeal dismissed with costs, evidence, settlement privilege, indigenous litigants, whether settlement privilege must be applied differently because of an asserted duty to act honourably, submissions seeking modification of settlement privilege rejected, no change to principles governing settlement privilege merely because indigenous parties are involved, federal court’s analysis upheld, appeal dismissed with costs, procedure, abuse of process, civil litigation, whether the principles governing abuse of process must be applied differently because indigenous parties are involved, standard test applied, not a bespoke test, aims include judicial economy, consistency, finality and integrity of the administration of justice, federal court correct to enforce these principles, appeal dismissed with costs