Blue Hill Excavating Inc. v Canadian Western Bank Leasing Inc.,, 2019 SKCA 22

JudgeLeurer J.A.; Whitmore J.A.; Schwann J.A.
CourtCourt of Appeal (Saskatchewan)
Case DateFebruary 26, 2019
JurisdictionSaskatchewan
Citations2019 SKCA 22
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17 practice notes
  • Table of cases
    • Canada
    • Irwin Books Personal Property Security Law - Third Edition
    • July 26, 2022
    ...Western Bank Leasing Inc v Blue Hill Excavating Inc, 2018 SKQB 173, af’d Blue Hill Excavating Inc v Canadian Western Bank Leasing Inc, 2019 SKCA 22............14, 132, 678, 706 Canadian Western Bank v Baker, 1999 SKQB 252, af’d 2000 SKCA 108 .......................................................
  • Remedies
    • Canada
    • Irwin Books Personal Property Security Law - Third Edition
    • July 26, 2022
    ...788 [ Kupritz ]. See also Canadian Western Bank Leasing Inc v Blue Hill Excavating Inc , 2018 SKQB 173 at para 22 [ Blue Hill 2018], af’d 2019 SKCA 22 [ Blue Hill 2019]. The court in Blue Hill 2018 distinguished Alberta Treasury Branches v New Hatchwear Co Ltd , 2012 ABQB 788, which gave ef......
  • Stromberg v Olafson,
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 2, 2023
    ...of the issue. These points were said, perhaps more succinctly, in Blue Hill Excavating Inc. v Canadian Western Bank Leasing Inc., 2019 SKCA 22, [2019] 4 WWR 393, with reference to paragraph 49 of Hryniak: [41] This test presupposes that when summary judgment is granted the court has reached......
  • Introduction and General Considerations
    • Canada
    • Irwin Books Personal Property Security Law - Third Edition
    • July 26, 2022
    ...was taken on the appeal with this part of the Chambers judge’s decision: Blue Hill Excavating Inc v Canadian Western Bank Leasing Inc , 2019 SKCA 22. 60 See, for example, UCC § 9-611(c)(2); § 9-621(2)(b); § 9-624(a). 61 See, generally, United States v Kelley , 890 F 2d 220 at 224 (10th Cir ......
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14 cases
  • Stromberg v Olafson,
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 2, 2023
    ...of the issue. These points were said, perhaps more succinctly, in Blue Hill Excavating Inc. v Canadian Western Bank Leasing Inc., 2019 SKCA 22, [2019] 4 WWR 393, with reference to paragraph 49 of Hryniak: [41] This test presupposes that when summary judgment is granted the court has reached......
  • Dakota Ojibway Child and Family Services et al v MBH, 2019 MBCA 91
    • Canada
    • Court of Appeal (Manitoba)
    • September 6, 2019
    ...Government of PEI et al, 2017 PECA 21; O’Toole v Peterson, 2018 NBCA 8; and Blue Hill Excavating Inc v Canadian Western Bank Leasing Inc, 2019 SKCA 22). [77] There is no suggestion in the Homestead decision that the persuasive (legal) burden of proof shifts. Under the Homestead test, the pe......
  • Holmes v Jastek Master Builder, 2019 SKCA 132
    • Canada
    • Court of Appeal (Saskatchewan)
    • December 9, 2019
    ...relevant to the application of the above rules was underlined in Blue Hill Excavating Inc. v Canadian Western Back Leasing Inc., 2019 SKCA 22, [2019] 4 WWR 393 [Blue Hill]: [36] The Chambers judge found that there were no issues of credibility arising from the affidavits (at paras 47 and 50......
  • SOISETH v. HILL,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • April 9, 2021
    ...and just determination (see: Thomas Estate at para 36; Viczko at para 37; Blue Hill Excavating Inc. v Canadian Western Back Leasing Inc., 2019 SKCA 22, [2019] 4 WWR 393 [Blue Hill] at para 33; Deren v SaskPower, 2017 SKCA 104 at para 58 [Deren]; and Ter Keurs Bros. Inc. v Last Mountain Vall......
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3 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Personal Property Security Law - Third Edition
    • July 26, 2022
    ...Western Bank Leasing Inc v Blue Hill Excavating Inc, 2018 SKQB 173, af’d Blue Hill Excavating Inc v Canadian Western Bank Leasing Inc, 2019 SKCA 22............14, 132, 678, 706 Canadian Western Bank v Baker, 1999 SKQB 252, af’d 2000 SKCA 108 .......................................................
  • Remedies
    • Canada
    • Irwin Books Personal Property Security Law - Third Edition
    • July 26, 2022
    ...788 [ Kupritz ]. See also Canadian Western Bank Leasing Inc v Blue Hill Excavating Inc , 2018 SKQB 173 at para 22 [ Blue Hill 2018], af’d 2019 SKCA 22 [ Blue Hill 2019]. The court in Blue Hill 2018 distinguished Alberta Treasury Branches v New Hatchwear Co Ltd , 2012 ABQB 788, which gave ef......
  • Introduction and General Considerations
    • Canada
    • Irwin Books Personal Property Security Law - Third Edition
    • July 26, 2022
    ...was taken on the appeal with this part of the Chambers judge’s decision: Blue Hill Excavating Inc v Canadian Western Bank Leasing Inc , 2019 SKCA 22. 60 See, for example, UCC § 9-611(c)(2); § 9-621(2)(b); § 9-624(a). 61 See, generally, United States v Kelley , 890 F 2d 220 at 224 (10th Cir ......

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