Miller v. Saskatoon (City) et al., (2015) 483 Sask.R. 257 (QB)

• Judge: Laing, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 06, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 483 Sask.R. 257 (QB);2015 SKQB 234

Miller v. Saskatoon (2015), 483 Sask.R. 257 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. SE.018

Thomas Miller (plaintiff/respondent) v. The City of Saskatoon, Wayne P. Rodger and Heather Smith (defendants/applicants)

SE(2015 Q.B.G. No. 545; 2015 SKQB 234)

Indexed As: Miller v. Saskatoon (City) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Laing, J.

August 6, 2015.

Summary:

The city issued a nuisance contravention order, requiring the property owner to remove junk, debris and garbage from the property by December 3, 2013. The owner appealed. The appeal board upheld the contravention order and extended the deadline to January 3, 2014. The owner failed to comply. On January 13, 2014, the city advised the owner by letter that it would remove or destroy the items noted in the order and that the costs would be added to the property tax. The owner was advised to remove any items that he wanted to keep. On May 14, 2014, a crew removed the material. The city assessed the cost of $4,000 to the property. The owner sued the city, alleging wrongful disposal of chattels, and sought damages. The city applied to strike the statement of claim.

The Saskatchewan Court of Queen's Bench allowed the application.

Land Regulation - Topic 5008

Unsightly premises - Notice to remove or destroy - [See Land Regulation - Topic 5017 ].

Land Regulation - Topic 5017

Unsightly premises (neglected buildings) - Removal or clean-up - The city issued a nuisance contravention order, requiring the property owner to remove junk, debris and garbage from the property by December 3, 2013 - The owner appealed - The appeal board upheld the contravention order and extended the deadline to January 3, 2014 - The owner failed to comply - On January 13, 2014, the city advised the owner by letter that it would remove or destroy the items noted in the order and that the costs would be added to the property tax - The owner was advised to remove any items that he wanted to keep - On May 14, 2014, a crew removed the material - The city assessed the cost of $4,000 to the property - The owner sued the city, alleging wrongful disposal of chattels, and sought damages - The city applied to strike the statement of claim - The Saskatchewan Court of Queen's Bench allowed the application - The city had complied with the requirements of the Cities Act regarding enforcement of its nuisance bylaw - The owner received the notice required under the Cities Act on January 13, 2014 - Further notice of the removal was not required - The claim disclosed no reasonable cause of action - There was no basis for allowing the owner to amend the claim.

Municipal Law - Topic 1491

Powers of municipalities - Particular powers - Public nuisance - [See Land Regulation - Topic 5017 ].

Counsel:

Thomas Miller, appearing on his own behalf;

Andrea L.D. Charlie, for the City of Saskatoon.

This application was heard by Laing, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on August 6, 2015.