Morin v. Canada
T-1538-95
Gibson J.
23/5/96
12 pp.
Motion for determination of question of law under Federal Court R. 474, for order determining admissibility of appraisal evidence and for directions concerning manner in which question to be argued-Plaintiffs lessees of land on Nipissing Indian Reserve No. 10-Typical lease containing provision for negotiating annual fair market rent payable under lease-Chief and council obtaining appraisal of fair market value "without regard to the value of improvements placed thereon by lessee but having due regard to the value of other demised lands in the area" within meaning of lease-Similar action brought in December 1993 in respect of similar lots in Beaucage Park on same reserve-Plaintiff arguing fair market value in previous action, with appropriate adjustments, determinative for establishing fair market rent in relation to this action-Under R. 474, Court must be satisfied no dispute as to any material fact, pure question of law to be determined and determination will be conclusive of matter in dispute and eliminate, shorten or expedite trial-In present case, three conditions met-Under terms of typical lease, appraiser should have regard to value of other demised lands in Nipissing Indian Reserve and particularly those lands comprising Beaucage Park but not bound by specific determinations of value made-Federal Court R. 482 adequately responds to plaintiffs' request for relief in relation to reports of appraisers-Federal Court Rules, C.R.C., c. 663, RR. 474 (as am. by SOR/79-57, s. 14), 482 (as am. by SOR/90-846, s. 18).