Digest: Keck v Balgonie Early Learning Centre Inc., 2018 SKQB 82

• Date: March 09, 2018

Reported as: 2018 SKQB 82

Docket Number: QBG 2103/16 JCR , QB17463

Court: Court of Queen's Bench

Date: 2018-03-09

Judges:

• Zarzeczny

Subjects:

• Contract � Breach � Damages
• Statutes � Interpretation � The Non-Profit Corporation Act, 1996, Section 225
• Civil Procedure � Queen�s Bench Rules, Rule 7-5

Digest: The plaintiffs first commenced a claim in Provincial Court in November 2015 and then commenced a proceeding in Queen�s Bench by an Originating Application in August 2016 against the defendant non-profit corporation and its directors. The defendants applied for and were granted a stay of the Queen�s Bench action until the first action was determined. The Provincial Court judge�s decision after trial was that the defendants had not wrongfully and improperly terminated the plaintiffs� contract for the provision of early learning and child care services to their son. The judge found that he did not have jurisdiction to deal with the plaintiffs� claim under s. 225 of The Non-Profit Corporations Act, 1995 (see: 2017 SKPC 39). Counsel for the defendants then reinitiated the application challenging the plaintiffs� claim in Queen�s Bench. The defendants applied for a dismissal of the Originating Application by way of summary judgment under Queen�s Bench rule 7-5 or, alternatively, to have it struck it pursuant to rule 7-9.
HELD: The application for summary judgment was granted and the plaintiffs� action was dismissed...