Michel v Saskatchewan,

JurisdictionSaskatchewan
JudgeSchwann, Leurer and Kalmakoff JJ.A.
Neutral Citation2021 SKCA 126
Citation2021 SKCA 126
Docket NumberCACV3565; CACV3566
CourtCourt of Appeal (Saskatchewan)
Date22 September 2021
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3 practice notes
  • Stromberg v Olafson,
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 2, 2023
    ...is granted, the issues of process and merits are inextricably intertwined. (Emphasis in original) See also Michel v Saskatchewan, 2021 SKCA 126 at para 78 The principle that the decision as to whether a claim or part thereof is suitable for summary determination can often only be decided wh......
  • MICHEL et al. v. GOVERNMENT OF SASKATCHEWAN,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • April 20, 2023
    ...57.   The Court of Appeal specifically observed in Michel CA [2021 SKCA 126] that it was not dealing with that part of Konkin J.’s judgment (paragraph 219 of Michel). It follows that there continues to be an undisturbed judgment of this court that the Southend Land is not a......
  • STANDING BUFFALO DAKOTA FIRST NATION v. RON S. MAURICE PROFESSIONAL CORPORATION OPERATING AS MAURICE LAW BARRISTERS AND SOLICITORS,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 21, 2023
    ...application. Therefore, after reviewing the affidavit evidence and paragraphs 2, 3 and 4 on the basis outlined in Michel v Saskatchewan, 2021 SKCA 126, I find that I am able to make a fair and just determination on the merits in relation to those matters with respect to almost all of the ma......
3 cases
  • Stromberg v Olafson,
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 2, 2023
    ...is granted, the issues of process and merits are inextricably intertwined. (Emphasis in original) See also Michel v Saskatchewan, 2021 SKCA 126 at para 78 The principle that the decision as to whether a claim or part thereof is suitable for summary determination can often only be decided wh......
  • MICHEL et al. v. GOVERNMENT OF SASKATCHEWAN,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • April 20, 2023
    ...57.   The Court of Appeal specifically observed in Michel CA [2021 SKCA 126] that it was not dealing with that part of Konkin J.’s judgment (paragraph 219 of Michel). It follows that there continues to be an undisturbed judgment of this court that the Southend Land is not a......
  • STANDING BUFFALO DAKOTA FIRST NATION v. RON S. MAURICE PROFESSIONAL CORPORATION OPERATING AS MAURICE LAW BARRISTERS AND SOLICITORS,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 21, 2023
    ...application. Therefore, after reviewing the affidavit evidence and paragraphs 2, 3 and 4 on the basis outlined in Michel v Saskatchewan, 2021 SKCA 126, I find that I am able to make a fair and just determination on the merits in relation to those matters with respect to almost all of the ma......
2 books & journal articles
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...a dis-51 Tinkler , above note 21. 52 Fram Elgin Mills , above note 50 at para 207. See also a similar position in Michel v Saskatchewan , 2021 SKCA 126 at para 215. 53 See, for example, Ontario, Statute of Frauds , RSO 1990, c S.19. In British Columbia, the Law and Equity Act , RSBC 1996, c......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...of) v NB Theatrical Agencies, Inc (1984), 44 OR (2d) 574, 4 DLR (4th) 678, 40 CPC 191 (HCJ) .............. 148 Michel v Saskatchewan, 2021 SKCA 126 ........................................................... 452 Midas Realty Corp of Canada Inc v Galvic Investments Ltd (2008), 70 RPR (4th) 2......

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