Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd.

JurisdictionSaskatchewan
CourtCourt of Appeal (Saskatchewan)
JudgeOttenbreit, Caldwell and Barrington-Foote JJ.A.
Neutral Citation2020 SKCA 123
Citation2020 SKCA 123
Docket NumberCACV3372
Date28 October 2020

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14 practice notes
  • Bourgault Industries Ltd. v. Graham
    • Canada
    • Court of King's Bench of Saskatchewan (Canada)
    • August 28, 2024
    ...2018 SKCA 20 at paras 52-54, [2018] 5 WWR 111 [Onion Lake] and Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para 59, 17 CLR (5th) 138 [93] Essentially, pleadings that impugn the integrity of the adjudicative functioning of the court would bring the a......
  • GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd.
    • Canada
    • Court of Appeal (Saskatchewan)
    • March 24, 2022
    ...664). That being so, it is reviewable on the discretionary standard (Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para 43; CE Design Ltd. v Saskatchewan Mutual Insurance Company, 2021 SKCA 14 at para 49, 455 DLR (4th) 417). This means an appellate co......
  • Herold v Wassermann
    • Canada
    • Court of Appeal (Saskatchewan)
    • September 20, 2022
    ...Mortgage Ltd. v Robertson (1984), 35 Sask R 84 at para 2 (CA); and Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para 55, 17 CLR (5th) 138. [50] Although the RJR-MacDonald framework is applied by courts when considering whether to grant a stay in most......
  • BNSF Railway Company v. Greater Vancouver Water District
    • Canada
    • Court of Appeal (Canada)
    • January 17, 2025
    ...para. 29, leave to appeal to SCC refused, 34213 (25 August 2011); Canadian Pacific Railway Company v. Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para. 86; Greater Toronto Airports Authority v. Mississauga (City) (2000), 50 O.R. (3d) 641, 192 D.L.R. (4th) 443 (C.A.), leave to appeal ......
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14 cases
  • Bourgault Industries Ltd. v. Graham
    • Canada
    • Court of King's Bench of Saskatchewan (Canada)
    • August 28, 2024
    ...2018 SKCA 20 at paras 52-54, [2018] 5 WWR 111 [Onion Lake] and Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para 59, 17 CLR (5th) 138 [93] Essentially, pleadings that impugn the integrity of the adjudicative functioning of the court would bring the a......
  • GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd.
    • Canada
    • Court of Appeal (Saskatchewan)
    • March 24, 2022
    ...664). That being so, it is reviewable on the discretionary standard (Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para 43; CE Design Ltd. v Saskatchewan Mutual Insurance Company, 2021 SKCA 14 at para 49, 455 DLR (4th) 417). This means an appellate co......
  • Herold v Wassermann
    • Canada
    • Court of Appeal (Saskatchewan)
    • September 20, 2022
    ...Mortgage Ltd. v Robertson (1984), 35 Sask R 84 at para 2 (CA); and Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para 55, 17 CLR (5th) 138. [50] Although the RJR-MacDonald framework is applied by courts when considering whether to grant a stay in most......
  • BNSF Railway Company v. Greater Vancouver Water District
    • Canada
    • Court of Appeal (Canada)
    • January 17, 2025
    ...para. 29, leave to appeal to SCC refused, 34213 (25 August 2011); Canadian Pacific Railway Company v. Kelly Panteluk Construction Ltd., 2020 SKCA 123 at para. 86; Greater Toronto Airports Authority v. Mississauga (City) (2000), 50 O.R. (3d) 641, 192 D.L.R. (4th) 443 (C.A.), leave to appeal ......
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