) ) CHIPPEWAS OF NAWASH UNCEDED FIRST NATION Applicant (Moving Party) – v. –, 2010 ONSC 2533

CITATION : Chippewas First Nation v. Ministry of Natural Resources, 2010 ONSC 2533 DIVISIONAL COURT FILE NO.: 424/06 DATE: 20100428 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT LEDERMAN, WILTON-SIEGEL AND RAY JJ. BETWEEN: ) ) CHIPPEWAS OF NAWASH UNCEDED FIRST NATION Applicant (Moving Party) – and – ONTARIO (INFORMATION AND PRIVACY COMMISSIONER) Respondent (Responding Party) MINISTRY OF NATURAL RESOURCES Respondent (Responding Party) -and – BILL MURDOCH Respondent -and – LARRY MILLER Respondent -and- LAKE HURON FISHING CLUB Respondent )) )) )) )) ))))))))))))))))) Jessica Orkin and Louis P.

Strezos , for the Applicant William S. Challis , for the Respondent, Information and Privacy Commissioner of Ontario Manizeh Fancy, for the Respondent, Ministry of Natural Resources ) HEARD at Toronto: April 28, 2010 LEDERMAN J. (orally) [ 1 ] At the opening of the hearing for judicial review, the applicant moved for leave to adduce fresh evidence that came to counsel’s attention late yesterday. At the completion of argument by all counsel the applicant moved for an adjournment of the judicial review application to permit it to bring the proposed new evidence before the IPC for its reconsideration.

[ 2 ] The respondent MNR has advised the Court that it does not oppose the adjournment. The Commissioner takes no position on the request. [ 3 ] On the basis of the motion for fresh evidence, we are of the view that paragraph 2 of McCombs J. order dated January 7, 2010 should be vacated to permit the applicant to bring the motion for adjournment. [ 4 ] After hearing submissions, we are of the view that the adjournment is to be granted. An order will go on the terms set out in the draft order as amended upon which I have marked my fiat. LEDERMAN J. WILTON-SIEGEL J. RAY J.

Date of Reasons for Judgment: April 28, 2010 Date of Release : May 19, 2010 CITATION : Chippewas First Nation v. Ministry of Natural Resources, 2010 ONSC 2533 DIVISIONAL COURT FILE NO.: 424/06 DATE: 20100428 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT LEDERMAN, WILTON-SIEGEL AND RAY JJ. BETWEEN:

CHIPPEWAS OF NAWASH UNCEDED FIRST NATION Applicant (Moving Party) – and – ONTARIO (INFORMATION AND PRIVACY COMMISSIONER) Respondent (Responding Party) MINISTRY OF NATURAL RESOURCES Respondent (Responding Party) -and – BILL MURDOCH Respondent -and – LARRY MILLER Respondent -and- LAKE HURON FISHING CLUB Respondent REASONS FOR JUDGMENT LEDERMAN J. Date of Reasons for Judgment: April 28, 2010 Date of Release : May 19, 2010