Scott v. College of Physicians and Surgeons (Sask.), (1992) 100 Sask.R. 291 (CA)

• Judge: Cameron, Vancise and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: September 16, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 100 Sask.R. 291 (CA);1992 CanLII 2751 (BS SC);1992 CanLII 2751 (SK CA);95 DLR (4th) 706;[1993] 1 WWR 533;100 Sask R 291;18 WAC 291

Scott v. College of Physicians (1992), 100 Sask.R. 291 (CA);

    18 W.A.C. 291

MLB headnote and full text

Dr. Christopher Scott (applicant/appellant) v. The College of Physicians and Surgeons of the Province of Saskatchewan (respondent)

(No. 539)

Indexed As: Scott v. College of Physicians and Surgeons (Sask.)

Saskatchewan Court of Appeal

Cameron, Vancise and Jackson, JJ.A.

September 16, 1992.

Summary:

The registrar of the College of Physicians and Surgeons rejected a doc­tor's application to have his name re-entered on the college membership register. The doctor applied for mandamus to compel the registrar to re-enter his name.

The Saskatchewan Court of Queen's Bench dismissed the appli­cation. The doctor appealed.

The Saskatchewan Court of Appeal allowed the appeal.

Statutes - Topic 6903

Operation and effect - Repeal - Preserva­tion of rights acquired or accrued under repealed statute - A doctor whose name was struck from the membership register of the College of Physicians and Surgeons applied under s. 40(2) of the Medical Profession Act to have his name re-entered - The registrar rejected the ap­pli­cation because it was outside the limita­tion period imposed by a recent amend­ment to s. 40(2) - The doctor applied for man- damus to compel the registrar to re-enter his name - The Saskatchewan Court of Appeal granted the order - The court held that because of the doctor's actions towards compli­ance with the re­quirements of the former s. 40(2), he had an accruing right which, by virtue of s. 23(1)(c) of the In­terpreta­tion Act, was not affected by the repeal.

Statutes - Topic 6903

Operation and effect - Repeal - Preserva­tion of rights acquired or accrued under repealed statute - Section 23(1)(c) of the Interpretation Act, R.S.S. 1978, c. I-11, provided that repeal did not affect "any right, privilege, obliga­tion or liability acquired, accrued, accru­ing, or incurred under the Act, enact­ment or regulations so repealed, or revoked" - The Saskatchewan Court of Appeal stated that before a right is said to be accruing, the events or condi­tions upon which it depends for its exis­tence must have been set in motion so as to inevitably give rise to the right in due course - See paragraph 53.

Cases Noticed:

Harelkin v. University of Regina, [1979] 2 S.C.R. 561; 26 N.R. 364, refd to. [para. 20].

Abbott v. Minister of Lands, [1895] A.C. 425 (P.C.), consd. [para. 36].

Minister of National Revenue v. Molson, [1938] S.C.R. 213, refd to. [para. 36].

Director of Public Works v. Ho Po Sang, [1961] A.C. 901 (P.C.), consd. [para. 36].

Gustavson Drilling (1964) Ltd. v. Minister of National Revenue, [1977] 1 S.C.R. 271; 7 N.R. 401, consd. [para. 36].

Hamilton Gell v. White, [1922] 2 K.B. 422 (C.A.), consd. [para. 40].

Free Lanka Insurance Co. Ltd v. Ranasinghe, [1964] A.C. 541 (P.C.), consd. [para. 40].

R. v. Abell (1979), 3 Sask.R. 181; 49 C.C.C.(2d) 193 (C.A.), consd. [para. 46].

Nepean (Township of) v. Leikin [1971], 1 O.R. 567; 16 D.L.R.(3d) 113 (Ont. C.A.), refd to. [para. 46].

Central Mortgage and Housing Corp. v. Co-operative College Residences Inc. et al. (1977), 13 O.R.(2d) 394 (C.A.), consd. [para. 46].

Strata Plan VR 29 (Owners) v. Registrar, Vancouver Land Registration, Kranz and Kranz Investments Ltd., [1978] 6 W.W.R. 557 (B.C.S.C.), consd. [para. 48].

Barsi v. Farcas, [1924] 1 W.W.R. 707 (Sask. C.A.), refd to. [para. 51].

Spooner Oils Ltd. v. Turner Valley Gas Conservation Board, [1933] S.C.R. 629, consd. [para. 84].

Syndics des écoles protestantes de la Cité d'Outremont v. Cité d'Outrement, [1951] Quebec Q.B. 676, affd. [1952] 2 S.C.R. 506, consd. [para. 87].

Starey v. Graham, [1899] 1 Q.B. 406, consd. [para. 91].

Statutes Noticed:

Interpretation Act, R.S.B.C. 1979, c. 206, sect. 30(c) [para. 86].

Interpretation Act, R.S.C. 1985, c. I-23, sect. 43(3) [para. 86].

Interpretation Act, R.S.O. 1980, c. 219, sect. 14(1)(i) [para. 86].

Interpretation Act, R.S.S. 1978, c. I-11, sect. 23(1)(c) [para. 32].

Medical Profession Act, S.S.  1980-81, c. M-10.1, sect. 40(2) [para. 5].

Authors and Works Noticed:

Black's Law Dictionary (5th Ed.) [para. 51].

Côté, The Interpretation of Legislation in Canada (2nd Ed.), Part 1, ch. 2 [para. 22].

Shorter Oxford English Dictionary [para. 50].

Counsel:

R.L. Borden, for the appellant;

B.E. Salte, for the respondent.

This appeal was heard on November 19, 1991, before Cameron, Vancise and Jackson, JJ.A., of the Saskatchewan Court of Appeal.

The decision of the Court of Appeal was delivered on September 16, 1992 when the following opinions were filed:

Cameron, J.A. - see paragraphs 1 to 68;

Vancise, J.A. (Jackson, J.A., concurring) - see paragraphs 69 to 104.