Singh v. Hans, (2015) 469 Sask.R. 313 (QB)

Judge:Allbright, J.
Court:Court of Queen's Bench for Saskatchewan
Case Date:February 13, 2015
Jurisdiction:Saskatchewan
Citations:(2015), 469 Sask.R. 313 (QB);2015 SKQB 49
 
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Singh v. Hans (2015), 469 Sask.R. 313 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MR.026

Baljit Singh (appellant) v. Karam Hans (respondent)

(2014 QBG No. 1128; 2015 SKQB 49)

Indexed As: Singh v. Hans

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Allbright, J.

February 13, 2015.

Summary:

Hans asserted that she had entered into an agreement with Singh to purchase Singh's coffee shop, and had paid him a $5,000 deposit. When Hans subsequently decided not to purchase the coffee shop and sought the return of her deposit, Singh refused to pay her. Hans brought a small claims action against Singh. The trial proceeded in Singh's absence in May 2014, and Hans was awarded judgment of $5,000 plus interest and costs. Singh applied under s. 37 of the Small Claims Act for an order setting aside the judgment and having the matter reheard. The application was dismissed in July 2014. Singh appealed and filed the transcript from the July 2014 proceeding.

The Saskatchewan Court of Queen's Bench adjourned the appeal to allow Singh to obtain and file the transcript from the May 2014 proceeding.

Practice - Topic 8991

Appeals - When appeal available - Small claims - [See Practice - Topic 9758.1 ].

Practice - Topic 9057

Appeals - Record on appeal - Small claims - [See Practice - Topic 9758.1 ].

Practice - Topic 9135

Appeals - Hearing of appeal - Adjournment - [See Practice - Topic 9758.1 ].

Practice - Topic 9758.1

Small claims - Appeals - General - Hans brought a small claims action against Singh - Singh did not file a statement of defence, and neither he nor his agent appeared at the trial in May 2014 - Hans was awarded judgment - Singh applied under s. 37 of the Small Claims Act for an order setting aside the judgment and having the matter reheard - The application was dismissed in July 2014 - Singh appealed - He filed a transcript for the July proceeding but not the May proceeding - The Saskatchewan Court of Queen's Bench adjourned the appeal to allow Singh to obtain and file the transcript from the May proceeding - The Act contained no provision which allowed for an appeal from a s. 37 application - Therefore, the only appeal available to Singh was from the trial in May - Section 40 provided that such an appeal was "an appeal on the record" - The only material before the court which could be construed to be "the record" was Hans' statement of claim and the endorsement from the small claims court granting judgment - Based on this, Singh had not demonstrated any grounds upon which to allow his appeal - Further, he would be restricted to arguing that Hans had not proven a cause of action as reflected in her statement of claim - Nevertheless, Singh wanted his appeal to proceed and should be given the opportunity to make submissions.

Practice - Topic 9762.1

Small claims - Appeals - Scope of review - [See Practice - Topic 9758.1 ].

Practice - Topic 9766.3

Small claims - Hearings - Failure to appear - [See Practice - Topic 9758.1 ].

Practice - Topic 9770

Small claims - Judgment - Setting aside - [See Practice - Topic 9758.1 ].

Cases Noticed:

Ladd v. Marshall, [1954] 1 W.L.R. 1489 (C.A.), refd to. [para. 22].

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 23].

Counsel:

Baljit Singh, appellant, his own behalf;

Karam Hans, respondent, on her own behalf (by telephone).

This appeal was heard before Allbright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following fiat on February 13, 2015.

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