Digest: Peter Ballantyne Cree Nation v Saskatchewan, 2018 SKCA 90

• Date: November 19, 2018

Reported as: 2018 SKCA 90

Docket Number: CACV 3312 , CA18089

Court: Court of Appeal

Date: 2018-11-19

Judges:

• Caldwell

Subjects:

• Civil Procedure � Amendments � Statement of Defence
• Civil Procedure � Appeal � Leave to Appeal
• Civil Procedure � Judicial Discretion
• Civil Procedure � Queen�s Bench Rule 3-72

Digest: The appellants appealed a Court of Queen�s Bench fiat made pursuant to the judicial discretion in Queen�s Bench Rule 3-72 that allowed the respondents to amend their statement of defence. The fiat addressed interlocutory matters and, therefore, the appellants properly sought leave to appeal against the fiat. The appellants argued that the judge abused his discretion by committing several errors in principle, by disregarding material matters of fact and by failing to act judicially.
HELD: Leave to appeal was denied. The discretionary power to grant leave is exercisable on considerations of merit and importance. The considerations must weigh decisively in favour of leave being granted. Rule 3-72(1)(c)(i) gives a judge broad discretion to permit amendments. The appeal court concluded that the appellants were not convincing in arguing that the errors went to the result of the chambers judge�s decision. If the appeal was allowed, the proceedings would be further delayed and add further cost. The fiat did not bear heavily on the course of the proceedings. The respondents were correct in observing that the amendments did form an integral part of the proceedings. Further, the fiat did not raise a new, uncertain or unsettled point of law and it did not bar the appellants from raising res judicata or issue estoppel arguments in the future.

Statutes Considered:

• Court of Appeal Act, 2000, SS 2000, c C-42.1, s 8(1)

Rules Considered:

• QB Rule 3-72
• QB Rule 3-72(1)(c)(i)

Cases Considered:

• Kidd v Flad, 2007 SKCA 130
• Peter Ballantyne Cree Nation v Canada (Attorney General), 2016 SKCA 124, 485 Sask R 162
• Peter Ballantyne Cree Nation v Canada (Attorney General)...