Law360 Canada ( July 11, 2025, 12:14 PM EDT) -- Appeal by Peter Ballantyne Cree Nation (PBCN) to amend its statement of claim to include claim for breach of treaty rights related to flooding of its reserve lands. Flooding occurred on PBCN’s reserve lands due to the construction and operation of dams on the Reindeer River by power companies. In 2004, PBCN initiated an action against the governments of Canada and Saskatchewan, and Saskatchewan Power Corporation (SaskPower), seeking damages and other relief related to the flooding. That claim was amended in 2013 and included extensive claims for infringement of treaty rights under Treaty 6 arising from the flooding, which were summarily dismissed by the lower court and court of appeal decisions, except for the claim of continuing trespass. On appeal, PBCN sought to set aside that part of the chambers judge’s decision denying its 2023 application to amend and to grant leave to amend its statement of claim accordingly. The issues were whether the chambers judge erred in denying PBCN’s proposed amendment to its statement of claim to include a claim for breach of treaty rights related to the continuing trespass on its reserve lands and whether the proposed amendment was barred by the doctrines of res judicata (cause of action estoppel or issue estoppel) or abuse of process....