LIARD MCMILLAN, on his own behalf v. on behalf of, 2011 YKSC 22

SUPREME COURT OF YUKON Citation: McMillan et al v. YTG et al, 2011 YKSC 22 Date: 20110223 Docket S.C. No.: 10-A0118 Registry: Whitehorse BETWEEN: LIARD MCMILLAN, on his own behalf and on behalf of all the other members of LIARD FIRST NATION, and LIARD FIRST NATION Petitioners AND: THE MINISTER OF ENERGY, MINES AND RESOURCES, and THE YUKON GOVERNMENT, and ROBERT HOLMES in his capacity as Director of Mineral Resources, Ministry of Energy, Mines and Resources, and SELWYN CHIHONG MINING LTD. Respondents Before: Mr. Justice R.S.

Veale Appearances: John Mildon Laurie Henderson Kevin O’Callaghan Joseph Arvay Appearing for the Petitioner Appearing for the Respondent YTG Appearing for the Respondent Selwyn Counsel for YESAB REASONS FOR JUDGMENT DELIVERED FROM THE BENCH [ 1 ] VEALE J. (Oral): I am going to grant the application of YESAB and add YESAB as a party respondent to the proceedings, and I am going to order that the YESAB online registry will constitute YESAB’s record. [ 2 ] Just to be clear, I do not see any reason at this stage of the proceeding to limit YESAB in any way in terms of its participation.

I am not inviting another application on that issue because I think its participation is as a full party, and that would be along the lines of paragraph 52. That is not to say if after submissions are filed and we are at the hearing, somebody wants to take issue with the submissions, then that is another matter. Of course, it is always subject to maintaining its impartiality as a Board, which I think is a point that has been made here and a point that remains important. ________________________________ VEALE J.