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

JudgeWoods, Brownridge and Bayda, JJ.A.
CourtCourt of Appeal for Saskatchewan
Case DateSeptember 26, 1979
JurisdictionSaskatchewan
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.

To continue reading

Request your trial
1 practice notes
  • Gary L. Redhead Holdings Ltd. v Swift Current (Rural Municipality), 2017 SKCA 47
    • Canada
    • Saskatchewan Court of Appeal for Saskatchewan
    • June 16, 2017
    ...3 WWR 440 (Sask CA); Marilyn Court Ltd. v City of Swift Current (1964), 46 DLR (2d) 395 (Sask CA); or Boychuk v Saskatoon (City) (1979), 1 Sask R 89 (CA). These provisions continued in force until they appeared under the consolidated framework established by The Municipal Board Act, SS 1988......
1 cases
  • Gary L. Redhead Holdings Ltd. v Swift Current (Rural Municipality), 2017 SKCA 47
    • Canada
    • Saskatchewan Court of Appeal for Saskatchewan
    • June 16, 2017
    ...3 WWR 440 (Sask CA); Marilyn Court Ltd. v City of Swift Current (1964), 46 DLR (2d) 395 (Sask CA); or Boychuk v Saskatoon (City) (1979), 1 Sask R 89 (CA). These provisions continued in force until they appeared under the consolidated framework established by The Municipal Board Act, SS 1988......