Fehr v. Turta, 2014 SKCA 91

• Judge: Whitmore, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: August 21, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKCA 91;(2014), 446 Sask.R. 1 (CA)

Fehr v. Turta (2014), 446 Sask.R. 1 (CA);

    621 W.A.C. 1

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. SE.016

Denise Theresa Fehr (respondent/prospective appellant) v. Julius Andrew Turta (applicant/prospective respondent)

(CACV2578; 2014 SKCA 91)

Indexed As: Fehr v. Turta

Saskatchewan Court of Appeal

Whitmore, J.A.

August 26, 2014.

Summary:

The applicant (Mr. Turta) was granted exclusive possession of a family home. Ms. Fehr appealed, giving rise to an automatic stay of execution pursuant to rule 15(1) of the Court of Appeal Rules. The applicant applied to lift the stay of execution and argued that Fehr required leave to appeal the interim order granting the applicant possession of the home.

The Saskatchewan Court of Appeal, per Whitmore, J.A., held that leave to appeal was not required. The court lifted the stay of execution.

Family Law - Topic 631.10

Husband and wife - Marital property - Matrimonial home - Interim possession - Appeals - The applicant (Mr. Turta) was granted exclusive possession of a family home (Family Property Act) - Ms. Fehr appealed, giving rise to an automatic stay of execution pursuant (Court of Appeal Rules, rule 15(1)) - The applicant applied to lift the stay of execution and argued that Fehr required leave to appeal the interim order granting the applicant possession of the home - The Saskatchewan Court of Appeal, per Whitmore, J.A., held that leave to appeal was not required in these circumstances - The court lifted the stay of execution - To decline to lift the stay would prejudice both parties and leave them in an intolerable situation where conflict would continue - That was not desirable.

Family Law - Topic 969

Husband and wife - Actions between husband and wife - Practice - Stay of orders pending appeal - [See Family Law - Topic 631.10 ].

Practice - Topic 5782

Judgments and orders - Interlocutory or interim orders or judgments - Appeals - [See Family Law - Topic 631.10 ].

Practice - Topic 8875

Appeals - Leave to appeal - From allowance or dismissal of interlocutory application - [See Family Law - Topic 631.10 ].

Cases Noticed:

Rimmer v. Adshead (2003), 232 Sask.R. 68; 294 W.A.C. 68; 224 D.L.R.(4th) 372; 2003 SKCA 19, refd to. [para. 8].

Gerski v. Gerski (2006), 285 Sask.R. 121; 378 W.A.C. 121; 2006 SKCA 66, refd to. [para. 14].

G.L. v. Canada (Attorney General) et al., [2005] 3 W.W.R. 445; 254 Sask.R. 286; 336 W.A.C. 286; 2004 SKCA 137, refd to. [para. 15].

Rimmer v. Adshead, [2002] 4 W.W.R. 119; 217 Sask.R. 94; 265 W.A.C. 94; 2002 SKCA 12, refd to. [para. 15].

Poitras v. Poitras (2009), 334 Sask.R. 151; 2009 SKQB 196, refd to. [para. 16].

Statutes Noticed:

Court of Appeal Act, S.S. 2000, c. C-42.1, sect. 7(2) [para. 5]; sect. 8 [para. 6].

Family Property Act, S.S. 1997, c. F-6.3, sect. 55 [para. 7].

Counsel:

Cara Haaf, for the prospective appellant;

Bonnie Reddekopp, for the prospective respondent.

This application was heard in Chambers on August 21, 2014, before Whitmore, J.A., of the Saskatchewan Court of Appeal, who delivered the following decision on August 26, 2014.