GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd.
| Jurisdiction | Saskatchewan |
| Court | Court of Appeal (Saskatchewan) |
| Judge | Caldwell,Kalmakoff,Ryan-Froslie |
| Citation | 2022 SKCA 38 |
| Docket Number | CACV3671 |
| Date | 24 March 2022 |
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35 practice notes
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Bourgault Industries Ltd. v. Graham
...to an application to strike pursuant to Rule 7-9(2)(e), the court in GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38, 29 CLR (5th) 294 [GHC], stated as 25 Striking a claim under Rule 7-9(2)(e) is not a remedy to be lightly granted. A claim should be struck under t......
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Standing Buffalo Dakota First Nation v. Maurice
...relates to the overall sufficiency of a claim or defence and, as noted in GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38 at paras 25-26, 29 CLR (5th) 294, so that I must find that it is “plain and obvious” that a claim is bound to fail before it can be struck und......
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Abrametz v Law Society of Saskatchewan
...see, for example: McStay v Berta Estate, 2021 SKCA 51, 458 DLR (4th) 106; GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38 at para 37; Suderman v Yakubowski-Suderman, 2022 SKCA 87 at para 71; and Larocque v Yahoo, 2023 SKCA 63 at para [26] In MacInnis and in Stromb......
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Graham Design Builders LP v. Mod-Panel Manufacturing Ltd.
...affidavit evidence in reviewing the merit of the claim being advanced. In GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38 at para 26, 29 CLR (5th) 294, the Court of Appeal reiterated the long-standing procedure identified in Sagon v Royal Bank of Canada (1992), 10......
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38 cases
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Bourgault Industries Ltd. v. Graham
...to an application to strike pursuant to Rule 7-9(2)(e), the court in GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38, 29 CLR (5th) 294 [GHC], stated as 25 Striking a claim under Rule 7-9(2)(e) is not a remedy to be lightly granted. A claim should be struck under t......
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Standing Buffalo Dakota First Nation v. Maurice
...relates to the overall sufficiency of a claim or defence and, as noted in GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38 at paras 25-26, 29 CLR (5th) 294, so that I must find that it is “plain and obvious” that a claim is bound to fail before it can be struck und......
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Graham Design Builders LP v. Mod-Panel Manufacturing Ltd.
...affidavit evidence in reviewing the merit of the claim being advanced. In GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38 at para 26, 29 CLR (5th) 294, the Court of Appeal reiterated the long-standing procedure identified in Sagon v Royal Bank of Canada (1992), 10......
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METANCZUK v. WATSON
...Inc., 2020 SKCA 39, 447 DLR (4th) 316 [Venture]. While the Court in GHC Swift Current Realty Inc. v BACZ Engineering (2004) Ltd., 2022 SKCA 38, made a general statement at para. 28 that s. 6 of The Limitations Act is a codification of the common law rule of discoverability, no legal analysi......
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