Hunter v. Greggain, Blacklock-Lynn and Hnatyshyn & Co., (1986) 55 Sask.R. 59 (QB)

JudgeBarclay, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateDecember 16, 1986
JurisdictionSaskatchewan
Citations(1986), 55 Sask.R. 59 (QB)

Hunter v. Greggain (1986), 55 Sask.R. 59 (QB)

MLB headnote and full text

Alan Brent Hunter v. Laura Greggain, Patricia M. Blacklock-Lynn and Victor Michael Hnatyshyn, David Mark Hnatyshyn and Wallace Brent Gough, carrying on business under the firm name and style of Hnatyshyn & Company

(No. 4081 A.D. 1986)

Indexed As: Hunter v. Greggain, Blacklock-Lynn and Hnatyshyn & Co.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

December 16, 1986.

Summary:

The plaintiff Hunter and the defendant Greggain were divorced in 1984. The defendant Greggain (the wife) was granted custody of their child and Hunter (the husband) was ordered to pay child maintenance. The trial judge also made an order dividing the matrimonial property. See 31 Sask.R. 311. The husband appealed.

The Saskatchewan Court of Appeal, in a decision unreported in this series of reports, dismissed the appeal, except for a minor amendment to the trial judgment.

The husband then brought an action against, among others, his ex-wife's solicitor and the law firm with which the solicitor was associated. The husband claimed damages, alleging negligence and professional misconduct on the part of the solicitor. The solicitor and the law firm applied under Queen's Bench Rule 173 to strike out the husband's statement of claim against them.

The Saskatchewan Court of Queen's Bench allowed the application and struck out the statement of claim on the ground that it disclosed no reasonable cause of action.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action - The defendant lawyer was an associate of the defendant law firm and acted as counsel for a wife during divorce and matrimonial property proceedings - The husband, unsuccessful in the proceedings at trial and on appeal, sued his ex-wife's lawyer for damages for alleged negligence and professional misconduct - The Saskatchewan Court of Queen's Bench struck out the husband's statement of claim as against both the lawyer and law firm, where it failed to disclose a cause of action, as there was no solicitor-client relationship between the husband and the lawyer.

Cases Noticed:

Carr v. Jordan (1951-52), 4 W.W.R.(N.S.) 445, refd to. [para. 10].

Collver and Management Associates Limited v. MacDermid & Company, [1979] 6 W.W.R. 316; 4 Sask.R. 16, refd to. [para. 10].

Marshall v. Saskatchewan, Petz and Adams, [1983] 2 W.W.R. 92; 20 Sask.R. 309 (C.A.), refd to. [para. 10].

Inuit Tapirisat of Canada and National Antipoverty Organization v. Attorney General of Canada, [1980] 2 S.C.R. 735; 33 N.R. 304, refd to. [para. 10].

Wong v. Schienbein, [1983] Sask. D. 3702-03, refd to. [para. 11].

Garrant v. Moskal, [1985] 2 W.W.R. 80; 40 Sask.R. 160, consd. [para. 12].

Counsel:

No one appearing, for the plaintiff;

S.E. Halyk, Q.C., for the defendants, Patricia M. Blacklock-Lynn, Victor Michael Hnatyshyn, David Mark Hnatyshyn, and Wallace Brent Gough.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered on December 16, 1986.

To continue reading

Request your trial
3 practice notes
  • Michaud v. Jackson et al., (2003) 262 N.B.R.(2d) 344 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • April 4, 2003
    ...Garrant v. Cawood ) 40 Sask.R. 155 (C.A.)). With respect to that duty, the lawyer must be competent and diligent ( Hunter v. Greggain (1986), 55 Sask.R. 59 (Q.B.)). "In certain circumstances, however, the courts have recognized that a lawyer may step outside his or her role as solicitor for......
  • Dubé v. Dionne et al., (1998) 201 N.B.R.(2d) 387 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • June 10, 1998
    ...Garrant v. Cawood ) 40 Sask.R. 155 (C.A.)). With respect to that duty, the lawyer must be competent and diligent ( Hunter v. Greggain (1986), 55 Sask.R. 59 (Q.B.)). "In certain circumstances, however, the courts have recognized that a lawyer may step outside his or her role as solicitor for......
  • Collins v. McMahon et al.,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • May 10, 2002
    ...lawyer may result in discipline by the Law Society but is not in itself a separate civil cause of action. ( Hunger v. Greggain et al. (1986), 55 Sask. R. 59 (Q.B.)). THE DISCUSSION Re: 1. Application by McMahon, Andrews, Campbell, Bordessa, Lancaster and the Saskatchewan Legal Aid Commissio......
3 cases
  • Michaud v. Jackson et al., (2003) 262 N.B.R.(2d) 344 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • April 4, 2003
    ...Garrant v. Cawood ) 40 Sask.R. 155 (C.A.)). With respect to that duty, the lawyer must be competent and diligent ( Hunter v. Greggain (1986), 55 Sask.R. 59 (Q.B.)). "In certain circumstances, however, the courts have recognized that a lawyer may step outside his or her role as solicitor for......
  • Dubé v. Dionne et al., (1998) 201 N.B.R.(2d) 387 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • June 10, 1998
    ...Garrant v. Cawood ) 40 Sask.R. 155 (C.A.)). With respect to that duty, the lawyer must be competent and diligent ( Hunter v. Greggain (1986), 55 Sask.R. 59 (Q.B.)). "In certain circumstances, however, the courts have recognized that a lawyer may step outside his or her role as solicitor for......
  • Collins v. McMahon et al.,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • May 10, 2002
    ...lawyer may result in discipline by the Law Society but is not in itself a separate civil cause of action. ( Hunger v. Greggain et al. (1986), 55 Sask. R. 59 (Q.B.)). THE DISCUSSION Re: 1. Application by McMahon, Andrews, Campbell, Bordessa, Lancaster and the Saskatchewan Legal Aid Commissio......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT