Ostrowski v. Beef Stabilization Board (Sask.) et al., (1991) 92 Sask.R. 191 (QB)
Judge | MacLeod, J. |
Court | Court of Queen's Bench of Saskatchewan (Canada) |
Case Date | February 01, 1990 |
Jurisdiction | Saskatchewan |
Citations | (1991), 92 Sask.R. 191 (QB) |
Ostrowski v. Beef Stabilization Bd. (1991), 92 Sask.R. 191 (QB)
MLB headnote and full text
Erroll Ostrowski (applicant) v. Appeals Committee of the Saskatchewan Beef Stabilization Board and The Saskatchewan Beef Stabilization Board (respondents)
(No. 1518 A.D. 1989)
Indexed As: Ostrowski v. Beef Stabilization Board (Sask.) et al.
Saskatchewan Court of Queen's Bench
Judicial Centre of Regina
MacLeod, J.
February 1, 1991.
Summary:
Ostrowski applied for judicial review of an order of the Appeals Committee of the Saskatchewan Beef Stabilization Board.
The Saskatchewan Court of Queen's Bench dismissed the application.
Administrative Law - Topic 5001
Judicial review - Certiorari - Purpose of - The Saskatchewan Court of Queen's Bench discussed the history and nature of certiorari - See paragraphs 9 to 20.
Administrative Law - Topic 5261
Judicial review - Certiorari - Limitation period - General - Queen's Bench Rule 675(2) prohibited an application for certiorari after the expiration of six months from the date of the judgment or order, without leave of the court - The Saskatchewan Court of Queen's Bench opined that rule 675(2) was ultra vires - See paragraphs 6 to 25.
Administrative Law - Topic 5408
Judicial review - Certiorari - Practice - Application - Time for - [See Administrative Law - Topic 5261 ].
Cases Noticed:
Bassett v. Government of Canada, et al. (1987), 53 Sask.R. 81, folld. [para. 8].
Foy v. Crimes Compensation Board (Sask.) (1985), 41 Sask.R. 70, refd to. [para. 22].
Saskatchewan Construction Labour Relations Council Inc. v. International Union of Operating Engineers, Hoisting, Portable and Stationary, Local 870, and Hudon (1985), 43 Sask.R. 181, refd to. [para. 22].
United Brotherhood of Carpenters and Joiners of America, Local 1805 v. Little Borland Ltd. (1986), 48 Sask.R. 291, refd to. [para. 22].
Goertz v. College of Physicians and Surgeons (Sask.) (1989), 76 Sask.R. 64 (C.A.), refd to. [para. 22].
R. v. Okemaysim (1989), 77 Sask.R. 247, refd to. [para. 22].
Statutes Noticed:
Criminal Code, R.S.C. 1985, c. C-46, sect. 776 [para. 16].
Laws Continuance Act 1739-40, 13 George II, c. 18 [paras. 8, 12, 16-17].
Queen's Bench Act, R.S.S. 1978, c. Q-1, sect. 89 [para. 20].
Rules of Court (Sask.), Queen's Bench Rules, rule 675 [para. 6]; rule 675(2) [paras. 7-8, 23-24].
Authors and Works Noticed:
Bell and Hoyles, Forms of Procedure and Practice (1911), p. 823 [para. 9, Footnote 1].
Law Reform Commission of Saskatch-ewan, Report on the Status of English Statute Law in Saskatchewan (Feb. 1990), pp. 242 [para. 18]; 244 [para. 20].
Whitely, S.T., Jurisdiction in Criminal Law (1985), p. 158 [para. 13].
Counsel:
Pab Chetty, for the applicant;
Brad Hunter, for The Saskatchewan Beef Stabilization Board;
Tim Keene, for the Appeals Committee.
This application was heard before MacLeod, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered on February 1, 1990.
To continue reading
Request your trial-
Ostrowski v. Beef Stabilization Board (Sask.), (1993) 115 Sask.R. 106 (QB)
...of the Appeals Committee of the Saskatchewan Beef Stabilization Board. The Saskatchewan Court of Queen's Bench, in a decision reported 92 Sask.R. 191, dismissed the application on the basis that it was barred by law because it was not brought within six months of the Committee's decision. O......
-
Ostrowski v. Beef Stabilization Board (Sask.) et al., (1993) 109 Sask.R. 40 (CA)
...of the Appeals Committee of the Saskatchewan Beef Stabilization Board. The Saskatchewan Court of Queen's Bench, in a decision reported 92 Sask.R. 191, dismissed the application on the basis that it was barred by law because it was not brought within six months of the Committee's decision. O......
-
Ostrowski v. Beef Stabilization Board (Sask.), (1993) 115 Sask.R. 106 (QB)
...of the Appeals Committee of the Saskatchewan Beef Stabilization Board. The Saskatchewan Court of Queen's Bench, in a decision reported 92 Sask.R. 191, dismissed the application on the basis that it was barred by law because it was not brought within six months of the Committee's decision. O......
-
Ostrowski v. Beef Stabilization Board (Sask.) et al., (1993) 109 Sask.R. 40 (CA)
...of the Appeals Committee of the Saskatchewan Beef Stabilization Board. The Saskatchewan Court of Queen's Bench, in a decision reported 92 Sask.R. 191, dismissed the application on the basis that it was barred by law because it was not brought within six months of the Committee's decision. O......