Rekken Estate v. Health Region No. 1 et al., (2014) 453 Sask.R. 1 (QB)

• Judge: Keene, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 27, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 453 Sask.R. 1 (QB);2014 SKQB 271

Rekken Estate v. Health Region No. 1 (2014), 453 Sask.R. 1 (QB)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. SE.047

In The Matter Of the Fatal Accidents Act

In The Matter Of Bowan Karl Rekken, Late of Carlyle, Saskatchewan

Kelvin Mark Rekken and Susan Louise Rekken, administrators of the Estate of Bowan Karl Rekken, and Kelvin Mark Rekken and Susan Louise Rekken, in their individual capacities (plaintiffs) v. Health Region #1, Dr. J.F. Malan and Dr. P.J. Greyling (defendants)

(2004 Q.B.G. No. 70; 2014 SKQB 271)

Indexed As: Rekken Estate v. Health Region No. 1 et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Estevan

Keene, J.

August 27, 2014.

Summary:

The plaintiffs applied for an order pursuant to rule 212(2)(c) and rule 215 of the Queen's Bench Rules that two defendants further and better particularize documents in their Amended Supplementary Statement as to Documents.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 390 Sask.R. 95, dismissed the application. A similar application respecting a third defendant (Health Region #1 (HR) needed to be dealt with. HR also applied for order requiring the production of several documents by the plaintiffs. The plaintiffs applied for an order under rule 236 that the RCMP produce their entire file respecting the death of the plaintiffs' son.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 400 Sask.R. 119, dismissed the applications. The plaintiffs appealed the dismissal of their application seeking the production of the RCMP file. The defendants applied to strike the notice of appeal on the basis that the appeal was an interlocutory decision and required leave pursuant to s. 8(1) of the Court of Appeal Act.

The Saskatchewan Court of Appeal, in a decision reported at (2012), 399 Sask.R. 241; 552 W.A.C. 241, allowed the application and struck the notice of appeal. The plaintiffs applied to amend their statement of claim to add claims regarding losses derived from the loss of the son's contribution to the family trust and other family-held businesses and farming ventures (loss of contribution) and for aggravated and punitive damages.

The Saskatchewan Court of Queen's Bench allowed the application only as to the amendments regarding loss of contribution.

Damages - Topic 905

Aggravation - General - Aggravated damages - Claim for (incl. pleadings) - Under the Fatal Accidents Act, the plaintiffs sued the defendants regarding the plaintiffs' son's death in 2003 - The plaintiffs applied under rule 3-72 to amend their statement of claim to add claims for aggravated and punitive damages - The Saskatchewan Court of Queen's Bench dismissed the application - There was no basis under the Fatal Accidents Act for such claims - The plaintiffs were entitled to seek pecuniary loss - The court simply had no authority to grant such claims - See paragraphs 10 to 20.

Damages - Topic 1324

Exemplary or punitive damages - Bar - Fatal Accidents Act claims - [See Damages - Topic 905 ].

Damages - Topic 2104

Torts causing death - General - Damages recoverable - [See Damages - Topic 905 ].

Practice - Topic 2105

Pleadings - Amendment of pleadings - Prejudice or presumed prejudice - What constitutes - [See Practice - Topic 2110 ].

Practice - Topic 2110

Pleadings - Amendment of pleadings - Adding new cause of action or "claim" - Under the Fatal Accidents Act, the plaintiffs sued the defendants regarding the plaintiffs' son's death in 2003 - The plaintiffs applied under rule 3-72 to amend their statement of claim to add a claim regarding losses derived from the loss of the son's contribution to the family trust and other family-held businesses and farming ventures (loss of contribution) - The Saskatchewan Court of Queen's Bench allowed the application - The purpose of the amendments appeared to be to lay the foundation in the pleadings for the plaintiffs' claim for the "loss experienced to them as individuals" as a result of the son's death - An analysis of the loss of contribution to the family trust and such legal entities that might result in a loss to a prescribed beneficiary was a potential consideration - As the defendants had known the nature of these allegations for some time, there was no prejudice to them in allowing the amendments - See paragraphs 5 to 9.

Practice - Topic 2115.1

Pleadings - Amendment of pleadings - To add claim for punitive damages - [See Damages - Topic 905 ].

Practice - Topic 2143

Pleadings - Amendment of pleadings - Circumstances when amendment denied - [See Damages - Topic 905 ].

Torts - Topic 7684

Fatal accidents - Practice - Pleading - [See Damages - Topic 905 and Practice - Topic 2110 ].

Cases Noticed:

Lamb v. Lamb, Lamb (F.J.) Development Ltd. and Lark Haven Developments Ltd. (1984), 32 Sask.R. 1 (C.A.), refd to. [para. 3].

Duke v. Puts, [1998] 6 W.W.R. 510; 161 Sask.R. 299 (Q.B.), refd to. [para. 3].

Sagon v. Royal Bank of Canada et al. (1992), 105 Sask.R. 133; 32 W.A.C. 133 (C.A.), refd to. [para. 4].

Keizer v. Hanna and Buch, [1978] 2 S.C.R. 342; 19 N.R. 209; 82 D.L.R.(3d) 449, refd to. [para. 11].

Sakaluk Estate v. Lepage et al., [1981] 2 W.W.R. 597; 6 Sask.R. 249 (C.A.), refd to. [para. 12].

Sickel v. Gordy et al. (2004), 255 Sask.R. 246; 2004 SKQB 462, revd. in part (2008), 311 Sask.R. 235; 428 W.A.C. 235; 2008 SKCA 100, refd to. [para. 12].

Lord et al. v. Downer et al. (1999), 125 O.A.C. 168; 179 D.L.R.(4th) 430 (C.A.), refd to. [para. 12].

Campbell v. Read, [1988] 3 W.W.R. 236; 49 D.L.R.(4th) 51 (B.C.C.A.), refd to. [para. 12].

Steinkrauss et al. v. Afridi (2013), 566 A.R. 128; 597 W.A.C. 128; 2013 ABCA 417, refd to. [para. 16].

Hill v. Church of Scientology of Toronto and Manning, [1995] 2 S.C.R. 1130; 184 N.R. 1; 84 O.A.C. 1; 24 O.R.(3d) 865, refd to. [para. 16].

Rowe et al. v. Brown (2008), 261 N.S.R.(2d) 332; 835 A.P.R. 332; 2008 NSSC 13, refd to. [para. 19].

Allan Estate v. Co-operators Life Insurance Co. et al., [1999] 8 W.W.R. 328; 117 B.C.A.C. 237; 191 W.A.C. 237; 1999 BCCA 35, refd to. [para. 19].

Counsel:

Mervin C. Phillips, for the plaintiffs;

John A. Epp, for the Health Region #1;

David E. Thera, Q.C., for Dr. Malan and Dr. Greyling.

This application was heard by Keene, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Estevan, who delivered the following decision on August 27, 2014.