Boychuk v. Saskatoon (City), (1979) 1 Sask.R. 89 (CA)

• Judge: Woods, Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: September 26, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 1 Sask.R. 89 (CA)

Boychuk v. Saskatoon (1979), 1 Sask.R. 89 (CA)

MLB headnote and full text

Boychuk v. Saskatoon, City of

(No. 7155)

Indexed As: Boychuk v. Saskatoon (City)

Saskatchewan Court of Appeal

Woods, Brownridge and Bayda, JJ.A.

September 26, 1979.

Summary:

This headnote contains no summary.

Real Property Tax - Topic 7161

Assessment appeals - Appeals to the courts - Appeal on the question of law - The Saskatchewan Court of Appeal stated that a question of whether land was used for farming purposes (without a statement of any facts) is not a question of law as required by s. 335(2) of the Urban Municipality Act - The Court of Appeal held that it did not have jurisdiction to hear an appeal based on such a question.

Cases Noticed:

Dominion Fire Brick and Clay Products Limited v. Rural Municipality of Elmsthorpe, [1943] 3 W.W.R. 440, refd to. [para. 2].

Statutes Noticed:

Urban Municipality Act, R.S.S. 1978, c. U-10, sect. 314(1) [para. 3]; sect. 335(2) [para. 4].

Counsel:

D.H. Wright, Q.C., for appellant;

H.G. Dirauf, for respondent.

This appeal was heard by WOODS, BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Saskatchewan Court of Appeal was delivered by WOODS, J.A., at Regina, Saskatchewan, on September 26, 1979.