Sinclair Estate v. Hlady, 2013 SKCA 112

• Jurisdiction: Saskatchewan
• Judge: Richards
• Neutral Citation: 2013 SKCA 112
• Subject Matter: PRACTICE
• Court: Court of Appeal (Saskatchewan)
• Date: 23 October 2013
• Citation: 2013 SKCA 112,(2013), 427 Sask.R. 1 (CA),427 SaskR 1,(2013), 427 SaskR 1 (CA),427 Sask.R. 1

Sinclair Estate v. Hlady (2013), 427 Sask.R. 1 (CA);

    591 W.A.C. 1

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. OC.061

Kim Sinclair and the Estate of John James Sinclair, Deceased (appellants/defendants) v. Bernice Anne Hlady (respondent/plaintiff)

(CACV2476; 2013 SKCA 112)

Indexed As: Sinclair Estate v. Hlady

Saskatchewan Court of Appeal

Richards, C.J.S.

October 25, 2013.

Summary:

The respondent applied to lift the stay of execution that was imposed when the appellant appealed an order that required the appellant to vacate a property that the respondent had lived in with her now-deceased common-law spouse (the appellant's father).

The Saskatchewan Court of Appeal, per Richards, C.J.S., denied the application but ordered the appellant to perfect her appeal within one month.

Practice - Topic 8953

Appeals - Stay of proceedings pending appeal - Circumstances when stay may be lifted - Hlady and Sinclair were in a common-law relationship - In 2002, they began leasing a home located on a reserve - The property was registered in the Indian Lands Register in the names of Sinclair and Hlady as joint tenants - When Sinclair became ill in 2011, his daughter (Kim) moved into the home, allegedly because Hlady had abandoned Sinclair - Following Sinclair's death in 2012, Kim refused to vacate the property - Hlady applied in the Court of Queen's Bench for an order directing Kim to vacate - Kim argued that the Court of Queen's Bench had no jurisdiction to make an order concerning rights of possession in relation to reserve land - Mills, J., issued a declaration that Hlady was the surviving joint tenant of the property - Kim did not appeal - Hlady then applied in Federal Court for the same order - Kim argued that the Federal Court had no authority to deal with the matter - Manson, J., held that the Federal Court had no jurisdiction to make the orders sought - Hlady applied for the order again in the Court of Queen's Bench - Dovell, J., granted the order - Kim appealed, which resulted in the execution of Dovell, J.'s order being stayed pending disposition of the appeal - Hlady applied to lift the stay - The Saskatchewan Court of Appeal, per Richards, C.J.S., held that it could not lift the stay because it would render Kim's appeal moot - However, as the court was troubled with Kim's approach to the litigation, it expedited the proceedings by ordering Kim to perfect her appeal within one month.

Practice - Topic 8962

Appeals - Stay of proceedings pending appeal - Requirement to perfect appeal - [See Practice - Topic 8953 ].

Cases Noticed:

Ochapowace First Nation v. Araya and Shepherd (1994), 123 Sask.R. 311; 74 W.A.C. 311 (C.A.), refd to. [para. 13].

Farm Credit Canada et al. v. Agristar Produce (Sask.) Ltd. et al. (2005), 269 Sask.R. 55; 357 W.A.C. 55; 2005 SKCA 36, refd to. [para. 14].

Counsel:

Bonnie D. Missens, for the appellants;

John D. (Jack) Hillson, for the respondent.

This application was heard on October 23, 2013, before Richards, C.J.S., of the Saskatchewan Court of Appeal, who delivered the following written reasons on October 25, 2013.