deBalinhard v. deBalinhard, 2014 SKCA 95

JudgeCaldwell, J.A.
CourtCourt of Appeal (Saskatchewan)
Case DateSeptember 10, 2014
JurisdictionSaskatchewan
Citations2014 SKCA 95;(2014), 442 Sask.R. 296 (CA)

deBalinhard v. deBalinhard (2014), 442 Sask.R. 296 (CA);

    616 W.A.C. 296

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. SE.039

Shirley Mae deBalinhard (appellant/respondent) v. John Canagy deBalinhard (respondent/petitioner)

(CACV2582; 2014 SKCA 95)

Indexed As: deBalinhard v. deBalinhard

Saskatchewan Court of Appeal

Caldwell, J.A.

September 15, 2014.

Summary:

A chambers judge made a decision pursuant to s. 47 of the Queen's Bench Act not to vacate a certificate of pending litigation registered on behalf of the appellant's estranged husband against title to certain lands (see [2014] Sask.R. TBEd. AU.047). The appellant applied for leave to appeal the chambers judge's decision.

The Saskatchewan Court of Appeal, per Caldwell, J.A., dismissed the application.

Practice - Topic 5782

Judgments and orders - Interlocutory or interim orders or judgments - Appeals - [See Practice - Topic 8875 ].

Practice - Topic 8875

Appeals - Leave to appeal - From interlocutory ruling - A chambers judge made a decision pursuant to s. 47 of the Queen's Bench Act not to vacate a certificate of pending litigation registered on behalf of the appellant's estranged husband against title to certain lands - The appellant applied for leave to appeal the chambers judge's decision - The Saskatchewan Court of Appeal, per Caldwell, J.A., dismissed the application - The court stated that "At its heart, the proposed appeal would involve revisiting an interlocutory order that preserves the status quo pending a final decision after trial. The proposed appeal does not raise a new or controversial or unusual issue of practice. Nor does it raise a new or uncertain or unsettled point of law; albeit the proposed appeal may raise a valid question of law based on the facts of this matter, it does not transcend the particular in its implications. Further, given the nature of the impugned order, it does not bear heavily or potentially prejudicially upon the course or outcome of the action. ... In sum, while there may be legitimate issues raised in the prospective appeal, on the whole, I find the issues would be better resolved by a judge of the Court of Queen's Bench after hearing viva voce evidence at trial. In short, while the proposed appeal might be of sufficient merit, it is not of sufficient importance to warrant determination by a panel of this Court".

Real Property - Topic 7853

Title, registration of instruments, etc. - Lis pendens or certificate of pending litigation - Vacating of - General - [See Practice - Topic 8875 ].

Cases Noticed:

Mann et al. v. Hawkins et al., [2011] Sask.R. Uned. 1; 2011 SKCA 7, refd to. [para. 3].

Garden v. Rizos et al. (2014), 442 Sask.R. 180; 616 W.A.C. 180; 2014 SKCA 90, refd to. [para. 3].

Rothmans, Benson & Hedges Inc. v. Saskatchewan (2002), 227 Sask.R. 121; 287 W.A.C. 121; 2002 SKCA 119, refd to. [para. 4].

Rimmer v. Adshead, [2002] 4 W.W.R. 119; 217 Sask.R. 94; 265 W.A.C. 94; 2002 SKCA 12, refd to. [para. 6].

Counsel:

Gerald Heinrichs, for the appellant;

Thomas Campbell, for the respondent.

This application was heard in Chambers on September 10, 2014, before Caldwell, J.A., of the Saskatchewan Court of Appeal, who delivered the following decision on September 15, 2014.

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1 practice notes
  • Bais v. Scarrow, 2010 FLD 306
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • April 8, 2016
    ..., 2010 SKQB 369, 363 Sask R. 224 [ Hannah ]; deBalinhard v deBalinhard , 2014 SKQB 239, 452 Sask R 241, upheld by the Court of Appeal at 2014 SKCA 95, 442 Sask R 296. [15] In Hannah , McIntyre J. dismissed an application to vacate a CPL on the basis that the claim, if successful, had the po......
1 cases
  • Bais v. Scarrow, 2010 FLD 306
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • April 8, 2016
    ..., 2010 SKQB 369, 363 Sask R. 224 [ Hannah ]; deBalinhard v deBalinhard , 2014 SKQB 239, 452 Sask R 241, upheld by the Court of Appeal at 2014 SKCA 95, 442 Sask R 296. [15] In Hannah , McIntyre J. dismissed an application to vacate a CPL on the basis that the claim, if successful, had the po......

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