Reid v. Kraus et al., 2001 SKCA 59

• Judge: Lane, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 25, 2001
• Jurisdiction: Saskatchewan
• Citations: 2001 SKCA 59;(2001), 207 Sask.R. 117 (CA)

Reid v. Kraus (2001), 207 Sask.R. 117 (CA);

    247 W.A.C. 117

MLB headnote and full text

Temp. Cite: [2001] Sask.R. TBEd. MY.022

John Reid (applicant) v. Gerald M. Kraus, Ian D. Mckay, James G. Garden and Michael S. Scott (respondents)

(No. 296; 2001 SKCA 59)

Indexed As: Reid v. Kraus et al.

Saskatchewan Court of Appeal

Lane, J.A.

April 27, 2001.

Summary:

A trial resulted in a deadlocked jury and the trial judge declared a mistrial. The plain­tiff applied for leave to appeal the order declaring the mistrial.

The Saskatchewan Court of Appeal, per Lane, J.A., dismissed the application.

Editor's note: for other decisions in this matter, see [1999] Sask.R. Uned. 11, 189 Sask.R. 122; 216 W.A.C. 122, and 203 Sask.R. 98; 240 W.A.C. 98.

Courts - Topic 8203

Provincial courts - Saskatchewan - Court of Appeal - Jurisdiction - General - A plaintiff sought leave to appeal an order by a trial judge declaring a mistrial in a case where a jury found liability, but could not agree on the extent of damages caused by the defendants' negligence - The plaintiff ultimately sought to have the Court of Appeal direct judgment in his favour and assess damages - The Saskatchewan Court of Appeal, per Lane, J.A., dismissed the application - Finding causation as a fact was not, as the plaintiff suggested, inevi­table - Further, the court could not assess damages when there was no factual foun­dation before it, even assuming without deciding that, when no award was made below, the court had the power to do so under s. 12 of the Court of Appeal Act.

Practice - Topic 5083

Conduct of trial - Mistrials - Judge or jury unable to make a decision - Rehearing - [See Courts - Topic 8203 ].

Practice - Topic 8877

Appeals - Leave to appeal - Grounds for refusal to grant leave - [See Courts - Topic 8203 ].

Cases Noticed:

Schroeder v. Korf (1996), 144 Sask.R. 229 (C.A.), refd to. [para. 3, footnote 1].

Steier v. University Hospital Board (1988), 67 Sask.R. 81 (C.A.), refd to. [para. 3, footnote 2].

Qually v. Qually (1986), 53 Sask.R. 161 (C.A.), refd to. [para. 3, footnote 3].

Counsel:

R. Gates, for the applicant;

M. Laprairie, Q.C., for the respondents.

This application was heard in chambers on April 25, 2001, by Lane, J.A., of the Saskatchewan Court of Appeal, who delivered the following decision on April 27, 2001.