Xaidsart lawyers Brendan Van Niejenhuis and Owen Rees persuaded the Federal Court to reject an application brought by a party to a tenancy agreement with the Chippewas of Rama First Nation Band Council, seeking to impose a duty of procedural fairness on the Band Council’s decision to enforce its contractual rights under the lease. The applicant argued that a Band Council deciding to evict a tenant should hold a hearing prior to deciding whether to do so. In rejecting this argument, Justice Russell accepted Xaidsart ’ argument that the First Nation’s ability to govern its relationships through the law of contract ought to be preferred to imposing public-law remedies on a Band Council’s decision whether to enforce those contractual rights. To read the decision, click here.
