Collver and Management Associates Ltd. v. MacDermid & Co., (1979) 4 Sask.R. 16 (CA)

• Judge: Culliton, C.J.S., Brownridge and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 22, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 4 Sask.R. 16 (CA)

Collver and Mgt. v. MacDermid & Co. (1979), 4 Sask.R. 16 (CA)

MLB headnote and full text

Collver and Management Associates Ltd. v. MacDermid & Company

(No. 7022)

Indexed As: Collver and Management Associates Ltd. v. MacDermid & Co.

Saskatchewan Court of Appeal

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

June 22, 1979.

Summary:

This headnote contains no summary.

Practice - Topic 2200

Pleadings - Striking out pleadings - The Saskatchewan Court of Appeal referred to the general principles governing the right of a court to summarily strike out a statement of claim - See paragraph 4.

Practice - Topic 2215

Pleadings - Striking out pleadings - Declaratory actions - The Saskatchewan Court of Appeal affirmed the dismissal of an application to strike out a statement of claim on the ground that it was premature - The Court of Appeal stated that declaratory judgments are authorized by s. 17 of the Queen's Bench Act.

Cases Noticed:

Kent Coal Company Limited et al. v. Northwestern Utilities Limited, [1936] 2 W.W.R. 393, refd to. [para. 7].

Western Leaseholds Limited v. Western Minerals Limited (1960), 31 W.W.R. 10, refd to. [para. 7].

Statutes Noticed:

Queen's Bench Act, R.S.S. 1978, c. Q-1, sect. 45, para. 17 [para. 2].

Counsel:

R.H. McKercher, Q.C., for the appellants;

M.A. Gerwing, for the respondents.

This appeal was heard by CULLITON, C.J.S., BROWNRIDGE and HALL, 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 June 22, 1979.