Reported as: 2018 SKQB 155
Docket Number: QBG 1/18 JCMJ , QB17543
Court: Court of Queen's Bench
- Statutes � Interpretation � Queen�s Bench Act, 1998, Section 38(a)
Digest: The defendants applied pursuant to s. 38(a) of The Queen�s Bench Act, 1998 for leave to appeal the consent order granted that allowed a writ of possession to issue. The plaintiffs had commenced an action against the defendants regarding their alleged breach of a lease. Pursuant to The Landlord and Tenant Act, the plaintiffs demanded possession of the farmland and provided notice to the defendants that they intended to apply for a writ of possession. When the defendants did not deliver up possession, they applied for the writ. The writ was filed and it contained the consent to the issuance by the lawyer for the defendants. Based upon that, the chambers judge ordered the issuance of the writ. After the defendants� appeal of the granting of the writ to the Court of Appeal was dismissed due to a lack of jurisdiction, their lawyer withdrew and the defendants then filed their notice of application that sought leave to appeal from the consent order. In support, one defendant filed his affidavit deposing that their then lawyer had not properly acted on his instructions and therefore was without authority to enter into a consent writ of possession on his behalf. As well, he was mentally incapacitated at the time the lease was negotiated and when the writ was being discussed with his lawyer. He submitted that there was more to the story regarding the lease that would require him to supply more evidence regarding it.
HELD: The application was dismissed. In accordance with s. 38(a), the matter was heard by the judge who had made the...