This case involved a claim to an aboriginal fishing right.
In an application under Federal Court Rule 312 to admit supplemental affidavit evidence of oral history, the Prothonotary denied the application primarily on the grounds that the evidence of oral history was available at the time the application was filed. Upon appeal from a decision of a Prothonotary, the court ruled that it was "in the interests of justice that available evidence with respect to the state of the oral history underlying the Aboriginal claim at the heart of the Application should be available to aid the judge deciding the Application." (para. 13)