Specific Claims Tribunal of Canada

 

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Practice Directions

PRACTICE DIRECTION #1

June 3, 2011

ADDITIONAL INFORMATION – DECLARATION OF CLAIM

This practice direction augments Rule 41 of the Specific Claims Tribunal Rules of Practice and Procedure.

Rule 41 sets out the information required for inclusion in the Declaration of Claim.  The Rules Committee of the Tribunal wishes to provide claimants with the option to set out, in the Declaration of Claim, (in addition to the matters referred to in Rule 41, subsections (a) to (f)), further information describing, briefly, the basis in law on which the Claimant say that the Crown has failed to meet or otherwise breached a legal obligation.  Examples would include, but not be limited to, breach of statute, breach of a treaty or other agreement, contract, tort, and fiduciary duty.

The inclusion of the foregoing in the Declaration of Claim would assist the Tribunal to identify the issues that may arise on the claim.

Honourable Harry Slade, Chairperson
Specific Claims Tribunal