Horseman v Horse Lake First Nation, 2013 FCA 83

The respondents moved to have the appeal struck on the basis of mootness. It was argued that the decision that was attacked in the underlying notice of application and in the motion for an interlocutory injunction was confirmed by both the Board of Directors of the Horse Lake First Nation Industrial Relations Corporation (the IRC) and the Band Council of the Horse Lake First Nation (BC HLFN).  The motion was dismissed; the claim of mootness was not made out. Since the IRC and the BC HLFN are comprised of the same people acting in a different capacity, the ratification process is undermined. If the original decision is defective, it is more likely that the same group will reaffirm their decision rather than recognize or cure the defects.