affidavit of brian mclaughlin #1 - Tribunal des revendications

SCT FILE NO.: SCT-7002-11
SPECIFIC CLAIMS TRIBUNAL
SPECIFIC CLAIMS TRIBUNAL
BETWEEN:
F
I
L
E
D
TRIBUNAL DES REVENDICATIONS
PARTICULIÈRES
D
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P
O
S
É
August 9, 2011
Guillaume Phaneuf
OSOYOOS INDIAN BAND
Ottawa, ON
CLAIMANT
(Respondent)
v.
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
As represented by the Minister of Aboriginal Affairs and Northern Development
Canada
RESPONDENT
(Applicant)
AFFIDAVIT OF BRIAN MCLAUGHLIN #1
I, Brian McLaughlin, lawyer, of 900-840 Howe Street, Vancouver, British Columbia,
MAKE OATH AND SAY AS FOLLOWS:
1.
I am employed with the Department of Justice as lead counsel in this matter for
the Respondent, Her Majesty the Queen in Right of Canada ("Canada"), and as
such I have personal knowledge of the facts and matters hereinafter deposed to.
2.
Canada was served with the Declaration of Claim in this matter on July 29, 2011 .
3.
On Thursday, August 4, 2011, I telephoned Claimant's counsel, Ms Hannah
McDonald, and introduced myself. I told Ms McDonald that because it is
summer, I anticipated that I might have difficulty obtaining instructions from my
client in a timely way. I asked Ms McDonald if her client would consent to an
extension of time for the filing of Canada's Response to the Declaration of Claim
until the end of September, 2011. Ms McDonald stated to me that she would
seek instructions on this request.
3
4.
Later that day, Ms McDonald called me back and left me a voicemail message
stating that she had received instructions to agree to my request.
5.
On the same day, I sent an email to Ms McDonald asking her to please confirm
our agreement in writing.
6.
By way of reply email, Ms McDonald confirmed our agreement that the deadline
for filing Canada's Response could be extended until the end of September,
2011.
7.
Attached and marked as Exhibit "A" to this Affidavit is a true copy of the email
correspondence between me and Ms McDonald dated August 4, 2011 confirming
our agreement to an extension of time for the filing of Canada's Response.
8.
This Affidavit is filed in support of an application by Canada to vary or
supplement the time for the filing of Canada's Response in the within proceeding.
SWORN BEFORE ME at Vancouver,
British Columbia, this 9th day of August,
2011
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A Commissioner for taking Affidavits in
and for the Province of British Columbia
Kelly P.
K~e m, a
Barrister and Solicitnr
Department of lustie'
#900-840 HoWe Stn
Vancouver. Be V61
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d~;L~BRy{N MCLAUGHLIN!
From:
Hannah McDonald
To:
Subject:
~yqhljn, ~ri1Ul
RE: osoyoos Indian Band v. HMTQ, SCT File
2011-Aug-04 11:38:51 AM
Date:
# 7002 • 11 [BLC-AC1lVE,FID122S428]
I confirm my consent to extend the deadline for filing a response LlnHI I e end of September.
Thank you Brian,
Hannah McDonald
Associate
Direct: (604) 605·8342
Web
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From: Mclaughlin, Brian [mailto:Brian.McLaughlin@justice.gc.ca]
sent: Thursday, August 04, 2011 11:37 AM
To: Hannah McDonald
Subject: Osoyoos Indian Band v. HMTQ,
scr File #
7002 - 11
Hannah, as discussed, I am counsel for Canada in captioned matter and I have in hand the
declaration of claim you have filed on behalf of Osoyoos Indian Band in this matter. You
can send any further materials in this matter to me, at the co-ordinates indicated below.
Thanks for your co-operation in agreeing that I can have until the end of September, 2011
to file a response. I note that under Rule 12 of the Tribunal's rules all undertakings and
agreements between parties must be made in writing. If you would be so kind to confirm
our agreement simply by replying to thO email, I think that ought to suffice.
Brian McLaughlin
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900 - 840 Howe Street
Vancouver, B.C., Canada, V6l2S9
telephone: 604-666-2715
cell phone: 604-360-6379
fax: 604-666-2710