Federal Court - Christian Aboriginal Infrastructure Developments ...

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place the Crown in the untenable position of having to forego its
public law duties when such duties conflict with Indian interests.
[1155] While Fairford First Nation dealt with an analysis of fiduciary duty in an aboriginal context,
this is a correct statement of the law when dealing with the Crown as a fiduciary in general; see
Harris v. Canada, [2002] 2 F.C. 484 (T.D.).
2010 FC 495 (CanLII)
[1156] In the circumstances of this case and in light of the recent decision of the Supreme Court of
Canada in Galambos v. Perez, [2009] 3 S.C.R. 247, concerning the essential requirements to
ground a fiduciary relationship, I conclude that no such relationship arose between the Plaintiffs and
the Defendant upon the facts of this case. This cause of action is dismissed.
5. Misfeasance in Public Office
[1157] As a further and final alternative, the Plaintiffs plead misfeasance in public office,
specifically in respect of certain promises made by Ms. Guscott, then the DIAND Director
Renewable Resources to Allied Resources Ltd. The claim is set out in paras. 31 to 32 as follows:
31. Between March of 1997 and August 2001, DIAND, through its’
employee and agent Jennifer Guscott, the Director of Renewable
Resources, Yukon Region, and in her capacity as a public official of
the Defendant, exercised her authority and powers as a public official
for the improper and malicious purpose and intent of causing harm
and damage to the Plaintiffs by promising timber harvesting rights in
the Watson Lake area to third parties to wit, Allied Resources Ltd.,
for the purpose of enticing Allied Resources Ltd. to establish a
sawmill in the Watson Lake area when she knew that there was
insufficient timber available to fulfil the assurances, representations,
commitments and promises the Defendant had made to the Plaintiffs,
and for the purpose of depriving the Plaintiffs of timber harvesting
rights or timber contrary to the assurances, representations,
commitments and promises aforesaid made to the Plaintiffs, and