A B.C. Supreme Court judge has dismissed an application by a former chief of the Lower Nicola Indian Band trying to recover $100,000 in legal costs.
The dispute originates from 2010, when Don Moses was twice suspended as chief following resolutions of council.
Moses went to Federal Court of Canada for a judicial review of council’s decision to suspend him. The two sides settled out of court in June of that year and Moses was reinstated as chief.
In a statement of claim, Moses said his legal costs left him $100,000 poorer.
However, Justice Sheri Donegan dismissed the claim based on a two-year statute of limitations.
She also found Moses’s related claim of unjust enrichment “is a claim that is bound to fail.”
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