Dogniez v. Brierley (Unit Administrator) and Welfare Board, (1979) 2 Sask.R. 165 (CA)

• Judge: Culliton, C.J.S., Woods and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 21, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 2 Sask.R. 165 (CA)

Dogniez v. Brierley (1979), 2 Sask.R. 165 (CA)

MLB headnote and full text

Dogniez v. Brierley (Unit Administrator) and Welfare Board

(No. 6981)

Indexed As: Dogniez v. Brierley (Unit Administrator) and Welfare Board

Saskatchewan Court of Appeal

Crown Side

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

November 21, 1979.

Summary:

This headnote contains no summary.

Statutes - Topic 6299

Operation and effect - Effect on earlier statutes - Substitutions - What constitutes a substitution - Interpretation Act, s. 24 - The Department of Social Services Act 1972 repealed the Department of Welfare Act - On appeal a welfare recipient was granted financial assistance and a welfare official purported to appeal the grant of assistance under regulations made under the repealed Department of Welfare Act - The Saskatchewan Court of Appeal held that the purported appeal was invalid - The Court of Appeal stated that s. 24 of the Interpretation Act was inapplicable (to extend the life of repealed regulations) because a new appeal procedure was provided for in the Department of Social Services Act - The Court of Appeal stated that the new appeal procedure was not "substituted by way of amendment, revision or consolidation" for the appeal procedure in the repealed Department of Welfare Act.

Statutes Noticed:

Department of Welfare Act, R.S.S. 1965, c. 38, sect. 12, sect. 13 [paras. 1, 2].

Department of Social Services Act 1972, S.S. 1971-72, c. 35, sect. 10 [para. 4].

Interpretation Act, R.S.S. 1965, c. 1, sect. 24 [para. 10].

Counsel:

I.D. McKay, for the appellant, Brierley;

R.D. McCann, for the appellant, Welfare Board;

W.J. Wardell, for the respondent, Marlene Dogniez.

This appeal was heard by CULLITON, C.J.S., WOODS 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 November 21, 1979.