Tataryn v. Saskatoon, (1997) 159 Sask.R. 262 (QB)

• Judge: Wright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 16, 1997
• Jurisdiction: Saskatchewan
• Citations: (1997), 159 Sask.R. 262 (QB)

Tataryn v. Saskatoon (1997), 159 Sask.R. 262 (QB)

MLB headnote and full text

Temp. Cite: [1997] Sask.R. TBEd. OC.009

Joe Tataryn (plaintiff) v. The City of Saskatoon (defendant)

(1997 Q.B.G. No. 1098)

Indexed As: Tataryn v. Saskatoon (City)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Wright, J.

September 16, 1997.

Summary:

Tataryn was injured on June 10, 1996, when he slipped from a diving board at a pool owned by the City of Saskatoon. Tataryn applied for an extension of time to serve his statement of claim.

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

Limitation of Actions - Topic 8021

Actions against municipalities - Applic­ability of limitation period - General - Tataryn was injured on June 10, 1996, when he slipped from a diving board at a pool owned by the City of Saskatoon - He did not serve his statement of claim within one year as required by s. 314 of the Urban Municipality Act - Tataryn applied for an extension of time to serve his state­ment of claim - He relied on s. 44.11 of the Queen's Bench Act and, alter­natively, ss. 44.1 and 45.12 - The Saskatchewan Court of Queen's Bench dismissed the application - Section 44.11 was not available to resusci­tate a claim that had expired by reason of s. 314 of the Urban Municipality Act - Sections 44.1 and 45.12 were of gen­eral application and did not overcome the effect of s. 314(1)(a).

Limitation of Actions - Topic 9612

Enlargement of time period - Application for - When available - [See Limitation of Actions - Topic 8021 ].

Cases Noticed:

Montreal Trust Co. v. Churchill Forest Industries (Man.) Ltd., [1971] 4 W.W.R. 542 (Man. C.A.), refd to. [para. 8].

Patterson and Patterson v. Board of Edu­cation of Saskatoon (1982), 14 Sask.R. 200; 132 D.L.R.(3d) 631 (Q.B.), refd to. [para. 9].

Clarke v. Saskatoon (City) et al. (1994), 118 Sask.R. 128 (Q.B.), refd to. [para. 14].

Meyers et al. v. Humboldt (Town) (1996), 142 Sask.R. 60 (Q.B.), folld. [para. 14].

Hackett v. Ginther and Schedlosky, [1986] 3 W.W.R. 385; 46 Sask.R. 34 (C.A.), refd to. [para. 14].

Statutes Noticed:

Queen's Bench Act, R.S.S. 1978, c. Q-1, sect. 44.1, sect. 44.11, sect. 45.12 [para. 7].

Urban Municipality Act, S.S 1983-84, c. U-11, sect. 314(1)(a) [para. 6].

Counsel:

G.J. Curtis, for the applicant, Joe Tataryn;

C.L. Yelland, for the respondent, the City of Saskatoon.

This application was heard by Wright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on Septem­ber 16, 1997.