SUPREME COURT OF NOVA SCOTIA
Citation: Maloney v. Eskasoni First Nation, 2009 NSSC 177
Date: 20090602
Docket: Pic No. 256278
Registry: Halifax
Between:
James Victor Maloney
Plaintiff
- and -
The Eskasoni Indian Band
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gerald R P Moir
Heard: January 3, 4, 8, 9, 10, 11, 2008 and October 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 2008 at Sydney
Last Written
Submissions: November 13, 2008
Summary: The plaintiff is a senior and respected security expert and educator. He signed a five year employment contract to implement and administer a difficult program for controlling alcohol and other drug abuse in workplaces at Eskasoni. He was fired. Eskasoni pleaded that the contract was not binding as it was signed by the Chief without Band Council approval and that it was unconscionable.
Issue: (1) Whether the contract was binding on Eskasoni? (2) Whether it is void as a penalty, or otherwise unconscionable?
Result: The contract was binding. Subsection 2(3) of the Indian Act should not be given an expansive interpretation. Eskasoni Band Council gave the Chief authority to enter into an employment contract. Even if it had not done so, Eskasoni would have been bound through the Chief’s ostensible authority. The contract contained no penalty and it was not otherwise unconscionable.
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