Rimmer v. Adshead, (2003) 232 Sask.R. 68 (CA)

• Judge: Gerwing, Lane and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 19, 2003
• Jurisdiction: Saskatchewan
• Citations: (2003), 232 Sask.R. 68 (CA);2003 SKCA 19

Rimmer v. Adshead (2003), 232 Sask.R. 68 (CA);

    294 W.A.C. 68

MLB headnote and full text

Temp. Cite: [2003] Sask.R. TBEd. MR.038

John Colin Rimmer (appellant) v. Donna Marie Adshead (respondent)

(No. 622; 2003 SKCA 19)

Indexed As: Rimmer v. Adshead

Saskatchewan Court of Appeal

Gerwing, Lane and Jackson, JJ.A.

February 19, 2003.

Summary:

A husband petitioned for divorce. The husband appealed a Chambers judge's refusal to grant an order compelling the wife to answer questions on an examination for discovery on the basis that solicitor/client privilege applied.

The Saskatchewan Court of Appeal held that leave was required to appeal the decision and refused leave to appeal.

Editor's note: a prior decision in this case is reported at 217 Sask.R. 94; 265 W.A.C. 94.

Family Law - Topic 4162

Divorce - Practice - Appeals - From interim orders - A husband petitioned for divorce - The husband appealed a Chambers judge's refusal to grant an order compelling the wife to answer questions on an examination for discovery on the basis that solicitor/client privilege applied - The Saskatchewan Court of Appeal concluded that the right of appeal in the Divorce Act and the Family Property Act was limited to those judgments or orders arising from a power specifically conferred by those statutes, to the exclusion of the variety of interlocutory decisions which might be made under the Rules of Court - Accordingly, this appeal found its authority in the Court of Appeal Act, 2000 and leave was required to appeal the decision - The court refused leave.

Family Law - Topic 4164

Divorce - Practice - Appeals - Leave to appeal - [See Family Law - Topic 4162 ].

Practice - Topic 5782

Judgments and orders - Interlocutory or interim orders or judgments - Appeals - [See Family Law - Topic 4162 ].

Practice - Topic 8875

Appeals - Leave to appeal - From allowance or dismissal of interlocutory application - [See Family Law - Topic 4162 ].

Practice - Topic 8985

Appeals - When appeal available - From interlocutory ruling - [See Family Law - Topic 4162 ].

Cases Noticed:

Kelvin Energy v. Lee - see Loewen, Ondaatje, McCutcheon & Co. v. Sparling et al.

Loewen, Ondaatje, McCutcheon & Co. v. Sparling et al., [1992] 3 S.C.R. 235; 143 N.R. 191, refd to. [para. 4, footnote 5].

H.K. v. D.S. (1988), 22 Q.A.C. 163; 18 R.F.L.(3d) 66 (C.A.), not folld. [para. 5, footnote 7].

Cecconi v. Cecconi (1977), 15 O.R.(2d) 142 (C.A.), folld. [para. 5, footnote 7].

Wygant v. Wygant (1979), 24 O.R.(2d) 678 (C.A.), refd to. [para. 5, footnote 7].

Dureault's Allied Sales Ltd. v. Courtyard Inns Ltd. et al. (1988), 70 Sask.R. 77; 28 C.P.C.(2d) 206 (C.A.), refd to. [para. 9, footnote 11].

Double D Construction Ltd. et al. v. Rocky Meadows Transport Ltd. et al. (1999), 177 Sask.R. 264; 199 W.A.C. 264; 9 C.B.R.(4th) 272 (C.A.), refd to. [para. 9, footnote 13].

Hay v. Crick et al., [2000] Sask.R. Uned. 74 (Q.B.), refd to. [para. 10, footnote 15].

Counsel:

R. Bradley Hunter, for the appellant;

W. Timothy Stodalka, for the respondent.

This appeal was heard and decided on February 19, 2003, by Gerwing, Lane and Jackson, JJ.A., of the Saskatchewan Court of Appeal. Jackson, J.A., provided the following reasons in writing for the court on February 25, 2003.