Church of Scientology of California v. Canadian Mental Health Association (Sask.) and Borden, (1979) 2 Sask.R. 379 (CA)

JudgeCulliton, C.J.S., Brownridge and Bayda, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateOctober 18, 1979
JurisdictionSaskatchewan
Citations(1979), 2 Sask.R. 379 (CA)

Church of Scientology v. Mental Health (1979), 2 Sask.R. 379 (CA)

MLB headnote and full text

Church of Scientology of California v. Canadian Mental Health Association (Sask. Div.) and Borden

(No. 7128)

Indexed As: Church of Scientology of California v. Canadian Mental Health Association (Sask.) and Borden

Saskatchewan Court of Appeal

Culliton, C.J.S., Brownridge and Bayda, JJ.A.

October 18, 1979.

Summary:

This headnote contains no summary.

Practice - Topic 9090

Appeals - Leave to appeal to Supreme Court of Canada by a provincial court of appeal - Supreme Court Act, s. 38 - The Saskatchewan Court of Appeal referred to guidelines to be applied to applications for leave to appeal to the Supreme Court of Canada - See paragraph 6 - The Saskatchewan Court of Appeal dismissed an application for leave to appeal to the Supreme Court of Canada from a judgment of the Saskatchewan Court of Appeal which struck out the plaintiff's statement of claim on the ground that the statement of claim failed to disclose a cause of action - The Court of Appeal stated that the issue in question was purely a local matter - See paragraph 7.

Cases Noticed:

Lake Erie and Detroit River Ry. Co. v. Marsh (1904), 35 S.C.R. 197, refd to. [para. 6].

Kozak v. Beatty and Mackie (1957), 21 W.W.R.(N.S.) 496, refd to. [para. 6].

C. v. K. et ux (1960), 31 W.W.R.(N.S.) 45, refd to. [para. 6].

Untereiner v. Dormuth et al. (1963), 41 W.W.R.(N.S.) 248, refd to. [para. 6].

Walker v. Sharpe, 58 D.L.R. 384, refd to. [para. 7].

Statutes Noticed:

Supreme Court Act, R.S.C. 1970, c. S-19, sect. 38 [para. 6].

Counsel:

Kim Thorson, Q.C., for the appellant, Church of Scientology of California;

David Gerrand, for the respondents.

This application was heard by CULLITON, C.J.S., BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan on October 18, 1979:

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2 practice notes
  • Cohnstaedt v. University of Regina, (1986) 51 Sask.R. 259 (CA)
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • November 24, 1986
    ...These guidelines were reaffirmed by this court in Church of Scientology v. Canadian Mental Health Association (Sask. Div.) and Borden (1979), 2 Sask.R. 379, where Culliton, C.J.S. (Brownridge, J.A., and Bayda, J.A., as he then was, concurring), after quoting from his oral reasons on behalf ......
  • H.L. v. Canada (Attorney General) et al., 2003 SKCA 78
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • August 28, 2003
    ...Sask.R. 259 (C.A.), refd to. [para. 5]. Church of Scientology of California v. Canadian Mental Health Association (Sask.) and Borden (1979), 2 Sask.R. 379 (C.A.), refd to. [para. Hanson v. Selinger and Board of Police Commissioners of Regina (City), [1980] 4 W.W.R. 673; 3 Sask.R. 274 (C.A.)......
2 cases
  • Cohnstaedt v. University of Regina, (1986) 51 Sask.R. 259 (CA)
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • November 24, 1986
    ...These guidelines were reaffirmed by this court in Church of Scientology v. Canadian Mental Health Association (Sask. Div.) and Borden (1979), 2 Sask.R. 379, where Culliton, C.J.S. (Brownridge, J.A., and Bayda, J.A., as he then was, concurring), after quoting from his oral reasons on behalf ......
  • H.L. v. Canada (Attorney General) et al., 2003 SKCA 78
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • August 28, 2003
    ...Sask.R. 259 (C.A.), refd to. [para. 5]. Church of Scientology of California v. Canadian Mental Health Association (Sask.) and Borden (1979), 2 Sask.R. 379 (C.A.), refd to. [para. Hanson v. Selinger and Board of Police Commissioners of Regina (City), [1980] 4 W.W.R. 673; 3 Sask.R. 274 (C.A.)......

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