Case Law › Court of Queen's Bench for Saskatchewan

[1] In September 2009, Chancey Heiser, the president of the plaintiff, Heiser's Health and Fitness Ltd., purchased a fitness facility in Yorkton, Saskatchewan. He then began initiating changes to the business and renovations to the building. However, while renovations were underway, two unfortunate events occurred.

[1] The City of Saskatoon has obtained an order for possession of the house that Rita Alie-Kirkpatrick occupies. Ms. Alie-Kirkpatrick appeals from the decision granting that order.

[1] The Bank of Nova Scotia [Bank] seeks an order for disbursement of $47,378.48 that was paid into court pursuant to an Order Confirming Sale. The application represents the final stage in the Bank's enforcement of mortgage security granted to it by Mr. Moore. The security was a non-purchase money mortgage [Mortgage] registered against Mr. Moore's residential property. The Mortgage secured two...

[1] The Director under The Seizure of Criminal Property Act, 2009, [Director] applied under ss. 3, 7 and 10.7 of the The Seizure of Criminal Property Act, 2009, SS 2009, c S-46.002 [Act] for an order directing that $2,715 CAD [Cash] seized from Mr. John Edward Olivares, and currently held by the Saskatoon Police Service [SPS], be forfeited to Her Majesty the Queen in right of Saskatchewan [Crown].

[1] Joy Witwicki is the executrix of the estate of John William Stecyk. In this application, she applies for an order to receive five percent of the value of the estate as an appropriate executrix's fee. Her application is opposed by two of the major beneficiaries, sibling respondents, Billy Teslak and Theressa Solomon. They propose that reasonable compensation to Ms. Witwicki would be one...

[1] This is an application brought by Ms. Nickel for directions from this Court as to the pre-retirement death benefit held by Viterra Inc. regarding Mr. Herman Gerbrandt, deceased.

[1] The applicants carry on a commercial farming operation near Wolseley, Saskatchewan.

[1] The two accused herein, Joaquin Rosebluff and Ibrahim Ali, each stand charged with a single count of breaking and entering a dwelling house and committing robbery therein, contrary to s. 348(1)(b) of the Criminal Code, RSC 1985, c C-46.

[1] John Blair Stephens [John] and Laurel Theresa Stephens [Laurel] were married in August 1990. They separated on June 15, 2016. John issued a petition on February 13, 2017.

[1] The accused, Troy Maurice, was charged with carrying a weapon for a purpose dangerous to the public peace contrary to s. 88 of the Criminal Code, RSC 1985, c C-46. The trial of the matter was heard in Blaine Lake, Saskatchewan on August 22, 2017. The learned trial judge acquitted Mr. Maurice of the charge against him.

[1] Counsel for the plaintiffs has filed a request for case management pursuant to Rule 4—5 of The Queen's Bench Rules. Reasons listed for justifying the request include that this is “a complex action with 35 Plaintiffs”, “it is anticipated that the parties will seek direction from the Court as to the format and procedure for Questioning”, and the “Plaintiffs anticipate additional preliminary and

[1] This application presents a smorgasbord of civil procedure issues.

[1] The parties met online in April 2015. Within a few months they were engaged and the respondent was expecting. In August, the respondent moved into the petitioner's home in Humboldt, Saskatchewan. They married on October 2, 2015.

[1] The accused is presently under indictment before this Court. He is charged that:

[1] Emilie Schira appeals from decisions of Saskatchewan Government Insurance (“SGI”) in relation to income replacement benefits under the no-fault system, pursuant to The Automobile Accident Insurance Act, RSS 1978, c A-35 (“the AAIA”).

[1] The parties are the parents of two children, J., born March 21, 2004 and J.J. born January 2, 2007 [the children]. The children are 14 and 11. T. W. [T.] applies to vary a consent judgment made by agreement of the parties and issued in November 2018, just five months ago.

[1] The applicants applied pursuant to s. 50.5 of The Administration of Estates Act, SS 1998, c A-4.1 [Act], seeking the Court's approval of the sale of two parcels of land owned by the estate of June Patricia Holter. The respondent Bonnie-Lynn Louise Holter [Bonnie] opposes the sale on her own behalf and on behalf of her children who are also beneficiaries, Luciano Pasquale Faugno [Luciano] and...

[1] The accused, Julie Lowdermilk, stands charged that she did, on or about the 19th of June, 2016 at or near the intersection of Highways #2 and #15, in the Rural Municipality of Wood Creeks, Saskatchewan, operate a motor vehicle in a manner dangerous to the public and thereby caused the death of Wesley Richard McMillan, contrary to s. 249(4) of the Criminal Code, RSC 1985, c C-46.

[1]                   This matter concerns a dispute between a landlord, First Aberdeen Properties Ltd. [First Aberdeen], and its tenant, Loblaws Inc. [Loblaws]. First Aberdeen seeks a writ of possession respecting leased premises in Melville, Saskatchewan, property Loblaws uses as a grocery store. Loblaws responds asking the court to grant relief from forfeiture in the event the court finds that

[1] The plaintiff is a Saskatoon architect who was dismissed, without cause, from his employment in November 2017. He had worked for the employer for 11 years. In this action, the plaintiff seeks damages arising from his dismissal. By this particular application, he pursues a final remedy through summary judgment.

[1]                   The appellant brought an action in the Civil Division of the Provincial Court of Saskatchewan seeking damages from the respondent for not returning to her a dog she found on the Ahtahkakoop First Nation and brought with the respondent’s assistance to Prince Albert. 

[1]                   Mr. Leonard Siemens [plaintiff] has an ongoing grievance with the Canada Revenue Agency [CRA], a grievance of such long duration, that when it began, CRA was known as the Department of National Revenue. The Department of National Revenue ceased to fulfil the functions now carried out by CRA in approximately 1999.

[1]                   This proposed multi-jurisdictional class action relates to alleged defects in the cooling system of 2011 and newer models of the Chevrolet Cruze [Cruze]. The plaintiff says the defendants breached various common law and statutory duties in designing, manufacturing, marketing and selling the Cruze, thereby causing economic loss to the members of the proposed class. She claims

[1] John Edward Anga stands charged:

[1] This judgment relates to applications made by the defendants in related actions brought against them by three separate plaintiffs. The defendants apply to strike the plaintiffs' claims on the basis that they are statute-barred by The Limitations Act, SS 2004, c L-16.1.

[1] This long-standing action now comes before the court on application by each of the parties. There is a family property judgment and a support order in place. The petitioner seeks an order allowing her to enforce the family property judgment against the corporations operated by the respondent.

[1] The issues for determination between the parties include division of family property, child support and spousal support.

[1] Due to unforeseen circumstances these reasons have taken longer than hoped to deliver. My apologies to the parties and their counsel for the delay.

[1] Ingersoll-Rand Corporation [IRC] is one of four defendant corporations named by Yara Belle Plaine Inc. [YBP] in a civil claim commenced in 2013 (QB No 1561 of 2013) [Overall Action]. IRC has applied for summary judgment dismissing YBP's claim against it. In support, IRC filed an affidavit that contains admissions excerpted from the discovery transcripts of co-defendants. These transcripts are

[1]                   This summary conviction appeal comes before me by an unusual route.