Farrell v. Duperow Co-Operative Association Ltd., (1979) 3 Sask.R. 218 (CA)

• Judge: Woods, Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 06, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 3 Sask.R. 218 (CA)

Farrell v. Duperow Co-op Assoc. Ltd. (1979), 3 Sask.R. 218 (CA)

MLB headnote and full text

Farrell v. Duperow Co-operative Association Ltd.

(No. 7083)

Indexed As: Farrell v. Duperow Co-Operative Association Ltd.

Saskatchewan Court of Appeal

Woods, Brownridge and Bayda, JJ.A.

June 14, 1979.

Summary:

This case arose out of an action for damages for wrongful dismissal from employment and for damages for defamation. The defendant moved that the allegations of defamation in the plaintiff's statement of claim be struck out. The trial judge granted the defendant's request and struck out the allegations of defamation. The plaintiff appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal and affirmed the order of the trial judge.

Bayda, J.A., dissenting, in the Saskatchewan Court of Appeal, would have set aside the order of the trial judge but without prejudice to the defendant to make whatever application that may be advised with reference to separating the disposition of the two causes of action - See paragraph 30.

Practice - Topic 3988

Joinder of causes of action - When joinder prohibited - Rules of Court of Queen's Bench (Sask.), Rule 154 - The plaintiff commenced an action for damages for wrongful dismissal from his employment and for damages for defamation - The Saskatchewan Court of Appeal affirmed the trial judge who stated that the plaintiff's two separate causes of action should not be tried together because of the possibility of prejudice to the defendant - See paragraph 6 - The trial judge struck out the allegations of defamation in the plaintiff's statement of claim.

Cases Noticed:

Addis v. Gramophone Co. Ltd., [1909] A.C. 488, refd to. [paras. 4, 13].

Wyman et al. v. Vancouver Real Estate Board (1959), 27 W.W.R. 476, refd to. [para. 13].

Abouna v. Foothills Provincial General Hospital Board (1978), 8 A.R. 94; 83 D.L.R.(3d) 333, refd to. [para. 13].

McMinn v. Town of Oakville (1978), 85 D.L.R.(3d) 131, refd to. [para. 13].

Peso Silver Mines Limited v. Cropper, [1966] S.C.R. 673, refd to. [para. 13].

Bilbrough v. Board of Education of the City of Toronto, [1934] O.W.N. 44, refd to. [para. 28].

Statutes Noticed:

Rules of Court of Queen's Bench (Sask.), rule 50, rule 56, rule 57 [para. 27]; rule 154(b) [para. 3]; rule 158 [para. 11].

Counsel:

R.D. Laing, for the appellant;

D.E. Gauley, Q.C., for the respondent.

This appeal was heard by WOODS, BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal on April 6, 1979. The judgment of the Saskatchewan Court of Appeal was delivered on June 14, 1979 and the following opinions were filed:

WOODS, J.A. - see paragraphs 1 to 8;

BAYDA, J.A., dissenting - see paragraphs 9 to 30.

BROWNRIDGE, J.A., concurred with WOODS, J.A.