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Case Summaries

Aboriginal Litigation & Charter of Rights and Freedoms
In a pending case, the firm successfully obtained leave to intervene on behalf of a Metis Settlement in a case before the Supreme Court of Canada involving s. 15 of the Charter of Rights and Freedoms regarding a Judgment of the Alberta Court of Appeal that declared 2 sections of the Metis Settlements Act unconstitutional as offending equality rights provisions of the Canadian Charter of Rights and Freedoms. The case was argued before the Supreme Court of Canada on December 16, 2010. Richard B. Hajduk and Rodger C. Gibbs appeared as counsel for a Metis Settlement before the Supreme Court of Canada on behalf of our client. The Supreme Court of Canada handed down a unanimous decision on July 21, 2011, accepting each of the arguments submitted by Hajduk Gibbs LLP, and upheld the constitutionality of the 2 sections of the Metis Settlements Act. This case represents a significant victory for our client, one of the 8 Metis Settlements, and a significant milestone for the Metis People of Alberta in their centuries’ old fight for recognition of their independent identity and culture.

Appellate Cases
In a recent case, the firm successfully had a series of law suits dismissed after obtaining an order for security for costs requiring the Plaintiff to post security for costs. The Plaintiff appealed the security for costs order granted by a Master in Chambers to a Justice of the Court of Queen's Bench and then to the Court of Appeal. The firm had the appeal dismissed by a panel of the Alberta Court of Appeal. Michele A. Wolowidnyk was counsel for some of the Defendants and argued the case before the Alberta Court of Appeal with guidance and assistance from Rodger C. Gibbs.

Aboriginal Litigation & Charter of Rights and Freedoms
In one case, the firm was successful in having the Metis Settlements Appeal Tribunal decide that a section of the Alberta Metis Settlements Act was invalid as it unlawfully discriminated against a Metis Woman on the basis of sex and marital status, and could not be justified in a free and democratic society. This finding allowed the Woman to become a full member of the Metis Settlement where she and her parents and family had lived most of their lives. The Alberta Government had intervened and argued that the Metis Settlements Appeal Tribunal did not have jurisdiction to hear a Charter of Rights and Freedoms argument and grant relief in a case coming before it. The firm was also successful in arguing that the Metis Settlements Appeal Tribunal had jurisdiction to decide such cases. The decision in this case was recently referred to in argument before the Supreme Court of Canada in another case in which Richard B. Hajduk and Rodger C. Gibbs appeared as Counsel. Richard B. Hajduk was counsel for the Metis Woman and the Metis Settlement at the hearings before the Metis Settlements Appeal Tribunal. Rodger C. Gibbs provided provided litigation support in researching the applicable Charter of Rights and Freedoms and Constitutional case law and writing briefs of legal argument.

Personal Injury Litigation
In a recent case, the firm obtained a settlement exceeding $1.2 Million regarding a Child who suffered traumatic brain injury while a passenger in a single vehicle accident.



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