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0 | Docket: CA159144 Date: 19991102 NOVA SCOTIA COURT OF APPEAL [Cite as: Labourers’ International Union of North America v. Dexter Construction Company Ltd. 1999 NSCA 132] BETWEEN: LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1115 (hereinafter referred to as the “Union”) and Blaise MacDonald PERSONS UNNAMED for ... | The respondent filed an interlocutory notice, ex parte application, against the intended defendants, seeking an interim injunction. The applicant union applied for leave to obtain intervener status as a party pursuant to Rule 62.35, or as amicus currie pursuant to Rule 8.02, or alternatively as an intervener pursuant t... | 2_1999nsca132.txt |
1 | Q.B. A.D. 1992 No. 3039 J.C. S. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF SASKATOON BETWEEN: JOHN MIKOLAYCZYK, AS LITIGATION GUARDIAN OF JESSEE MIKOLAYCZYK, MINOR, SHERRY MIKOLAYCZYK and JOHN MIKOLAYCZYK RESPONDENTS (PLAINTIFFS) and CHRISTOPHER PAUL REID and CANADA TRUCK LEASE LTD. APPLICANTS (DEFENDANTS) G. A. Thompson ... | The Defendants applied to sever the issues of liability and damages for purposes of the trial of this matter. The trial was to be held before a jury.HELD: 1)The Court has a general discretion as to severance of issues which must be exercised judicially. 2)Severance should only be ordered when the judge has a serious re... | 7_1995canlii5894.txt |
2 | nan Editor’s Note: Corrigendum released July 20, 2006. Original judgment has been corrected with text of corrigendum appended. QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2006 SKQB 231 Date: 2006 05 16 Docket: Q.B.G. No. 1055/2004 Judicial Centre: Saskatoon BETWEEN: THOMAS WALTON, DR. VANCE CHOW and MEGAN ENGEDAHL, suing ... | The plaintiff applies for certification pursuant to The Class Actions Act on behalf of himself and the other passengers of an international flight from the Dominican Republic to Regina. The flight was delayed for about 1.5 hours at the Dominican Republic airport as result of several mechanical difficulties. The claim i... | e_2006skqb231.txt |
3 | nan INFORMATION Y245194 2004 SKPC 82 IN THE PROVINCIAL COURT OF SASKATCHEWAN YOUTH JUSTICE COURT BETWEEN: HER MAJESTY THE QUEEN H. (A.R.) Inez Cardinal for the Crown Catherine Knox for the Youth September 14, 2004 P. S. KOLENICK PCJ JUDGMENT [1] The accused youth is charged that on April 27, 2002, near Dundurn Saskatch... | The accused youth is charged with driving a motor vehicle while his ability to do so was impaired by alcohol or drug contrary to s. 253(a) of the Criminal Code. The issue was whether the evidence was sufficient to prove impairment beyond a reasonable doubt. HELD: The only reliable indicia of impairment were a very stro... | e_2004skpc82.txt |
4 | J. IN THE PROVINCIAL COURT OF NOVA SCOTIA Citation: v. Murphy, 2004 NSPC 30 Date: 2004-05-12 Docket: 1347575 Registry: Bridgewater v. Ausman William Murphy Defendant Judge: The Honourable Judge Crawford Heard: March 29, 2004, in Lunenburg, Nova Scotia Written Decision: May 12, 2004, in Bridgewater, Nova Scotia Counsel:... | The defendant was charged, as an employer, with failing to take reasonable precautions to ensure the health and safety of persons at a workplace. The defendant and three others had set out to check a tuna pen. The boat was owned by a fourth individual, who was not present at the time. One of the men, despite having no ... | 6_2004nspc30.txt |
5 | nan QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2012 SKQB 399 Date: 2012 09 27 Docket: Q.B.G. No. 1597/2011 Judicial Centre: Saskatoon BETWEEN: BILL LAIDLAW, and MNP LLP (formerly operating as MEYERS NORRIS PENNY CO. CHARTERED ACCOUNTANTS LLP and MEYERS NORRIS PENNY LLP) Counsel: Grant J. Scharfstein, Q.C. for the plainti... | The defendant seeks a stay of the action pursuant to s. 8 of The Arbitration Act. The plaintiff is chartered accountant who was partner with the defendant. 2000 merger agreement signed by the plaintiff indicated that the Courts of Saskatchewan would have exclusive jurisdiction to determine all disputes between the part... | e_2012skqb399.txt |
6 | D.I.V. of A.D. 1996 321 J.C. R. IN THE QUEEN'S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF REGINA BETWEEN: DAVID ANTHONY SOUCY and MEENA KUMARI VARMA RESPONDENT D.N. ARMSTRONG for the petitioner R.J.F. LEPAGE for the respondent FIAT MCINTYRE, J. AUGUST 2, 1996 The petitioner seeks interim custody of his sonStefan. T... | FIAT. The petitioner sought interim custody of his son. The respondent contested that the petition for divorce was a nullity and Saskatchewan courts did not have jurisdiction to hear the divorce proceedings and lacked jurisdiction or ought to decline to exercise jurisdiction under the Children's Law Act. Both parties m... | 8_1996canlii7162.txt |
7 | THE COURT OF APPEAL FOR SASKATCHEWAN HER MAJESTY THE QUEEN and KEVIN EUGENE McGUIGAN CORAM: The Honourable Chief Justice Bayda The Honourable Mr. Justice Wakeling The Honourable Mr. Justice Sherstobitoff COUNSEL: G. JOSEPHSON for the Appellant C.A. SNELL Q.C., for the Respondent DISPOSITION: Appeal Heard: May 4, 1995 A... | The accused pleaded guilty to a charge of assaulting his 8 year old stepdaughter by slapping her and striking her with a small paddle. The Crown and counsel for the accused agreed that a fine and probation would be appropriate. The trial judge sentenced him to 1 year in prison and 1 year's probation. He appealed his se... | d_1995canlii3966.txt |
8 | IN THE SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Nova Scotia (Minister of Community Services) v. B.L.C., 379 Date: 20061215 Docket: SFH CFSA 46794 Registry: Halifax Between: Minister of Community Services Respondent Restriction on publication: Publishers of this case please take note that s. 94(1) of the... | The Minister sought numerous orders for production of medical and various other files (including the mother's complete medical files from her family physician, the Nova Scotia Hospital and another hospital, and her files from a woman's shelter and an addiction treatment and prevention service) in an ongoing child prote... | 9_2006nssc379.txt |
9 | J. Q.B. A.D. 1996 148 J.C.E. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF ESTEVAN IN THE MATTER OF AN APPLICATION FOR AN ORDER FOR THE APPOINTMENT OF GUARDIAN FOR SELWYN ROY HAND PURSUANT TO THE DEPENDENT ADULTS ACT Beaty Beaubier for the Applicant, Ronald Cathcart Tim McGeough for Selwyn Roy Hand JUDGMENT ALLBRIGHT J. Apri... | The applicant sought to be appointed as property guardian for his uncle pursuant to s19 of the Dependent Adults Act. The proposed dependent adult resisted the application and attributed his previous difficulty managing his affairs to a severe drinking problem but indicated that he had not been drinking for six years. T... | 1997canlii11078.txt |
10 | Q.B. 1994 NO. 01107 J.C. R. IN THE COURT OF QUEEN'S BENCH AT THE JUDICIAL CENTRE OF REGINA BETWEEN: BRENDA HILDAHL-TRAUTER, and CALVIN TRAUTER, RESPONDENT J. G. BRICK for the petitioner M. S. SCOTT for the respondent JUDGMENT MacLEAN, J. February 12, 1996 The petitioner, Brenda Hildahl-Trauter ("Brenda"),petitions the ... | The petitioner sought a divorce, custody, spousal and child support and an unequal division of matrimonial property. The respondent counter-petitioned for similar relief, including divorce, joint custody and an equal division of the property. HELD: 1)Sole custody was awarded to the mother with access on the same terms ... | e_1996canlii6831.txt |
11 | THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2004 SKCA 75 Date: 20040518 Between: Docket: 906 Coram: Bayda C.J.S., Sherstobitoff Lane JJ.A. Counsel: Tiffany M. Paulsen for the Appellant E.F.A. Merchant, Q.C. for the Respondent Appeal: From: 2003 SKQB 517 (CanLII) Heard: May 3, 2004 Disposition: Dismissed Written Reas... | Fulltext of judgment follows: [1] This appeal from an order respecting custody and access to children cannot succeed. The trial judge made no error of principle, and there was evidence to support his findings of fact. He took all relevant matters into account and relied on no irrelevant matters. Above all, upon a caref... | 7_2004skca75.txt |
12 | M. Gordon, Court of Appeal for Saskatchewan Docket: CACR2618 Citation: Chu, 2016 SKCA 156 Date: 2016-12-02 Between: Christopher Pang Chu And Her Majesty the Queen Before: Lane, Jackson and Ottenbreit JJ.A. Disposition: Appeal allowed Written reasons by: The Honourable Madam Justice Jackson In concurrence: The Honourabl... | HELD: The appeal was allowed. The conviction was set aside and a new trial ordered. The court found that the trial judge erred by misapplying the test in Chaplin. He wrongly placed the burden on the defence to demonstrate the relevance of existing documents that the Crown refused to disclose. The court found that in li... | d_2016skca156.txt |
13 | IN THE SUPREME COURT OF NOVA SCOTIA Citation: Jones v. LeBlanc, 2006 NSSC 131 Date: 20060426 Docket: S. P. No. 191874 Registry: Pictou Between: Deborah Jones, Reginald Brightman, Alicia Hartling, an infant, through her Litigation Guardian Carol Hartling, John Hartling, Diane Hartling, Edward Hartling, James Lawrence an... | The deceased's cousin commenced an action for nervous shock after she observed the accident in which the deceased bicyclist was killed. Since the defendant was an uninsured motorist, the Facility Association defended the plaintiff's action against him; however, the plaintiff also brought an action against the insurer o... | 7_2006nssc131.txt |
14 | J. U.F.C. of A.D. 1988 876 J.C. S. IN THE QUEEN'S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF SASKATOON BETWEEN: SANDRA CAROL RIEL and RAYMOND ANTHONY JOSEPH RIEL RESPONDENT L.G. TALLIS for the petitioner D.Z. BRAUN for the respondent JUDGMENT HUNTER J. DATE: JUNE 20, 1996 The Respondent father applies to reduce the... | The respondent applied to reduce on-going maintenance from $600 per month for his two children and to reduce the accumulated arrears of approximately $14,600. The original corollary relief was made in 1989. An application for variation was dismissed in 1993 except that an order suspending the enforcement of the arrears... | 7_1996canlii7107.txt |
15 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2015 SKQB 138 Date: 2015 05 13 Docket: QBS 151 of 2014 Judicial Centre: Moose Jaw IN THE MATTER OF THE ESTATE OF STEVEN SZWAGIERCZAK, LATE OF MOOSE JAW, SASKATCHEWAN, RETIRED, DECEASED BETWEEN: DEBRA LOUISE SCHULTZ and KRISTINE ELIZABETH SZWAGIERCZAK And KATHERINE ANNE JENSON, P... | Wills and Estates – Proof of Will in Solemn FormWills and Estates – Testamentary Capacity After the death of the testator, one of his five daughters brought an application for an order directing a trial to prove the testator’s 2013 will in solemn form on the ground that the testator did not have testamentary capacity t... | 6_2015skqb138.txt |
16 | C.J.Q.B. THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2004 SKCA 99 Date: 20040623 Between: Docket: 948 Vanguard Inc. Prospective Appellant and Royal Bank of Canada, Fonds de Solidarite des Travailleurs du Quebec (F.T.Q. and Steven Leakos Prospective Respondents and Peak Manufacturing Inc., Peak Manufacturing (USA) In... | This was an application for an order extending the time to apply for leave to appeal and for leave to appeal. Sections 13 and 14 of the Companies' Creditors Arrangement Act govern the appeal. The applicant took no steps to appeal within the 21 day period due to an inadvertence of its lawyer. HELD: The appeal was dismis... | 8_2004skca99.txt |
17 | DCC/wak NOVA SCOTIA COURT OF APPEAL Citation: Milne v. Twin Mountain Construction Ltd., 2003 NSCA 41 Date: 20030414 Docket: CA 187910 Registry: Halifax Between: Norma Milne and Murray Tweedie v. Twin Mountain Construction Limited Respondent Judges: Roscoe, Bateman and Hamilton, JJ.A. Appeal Heard: April 11, 2003, in Ha... | The plaintiff company sued the defendants for negligent misrepresentation and breach of contract alleging that the defendants sold it a piece of land smaller than what it was represented to be. The plaintiff intended to excavate and sell sand from the land and claimed damages including loss of profits due to the smalle... | 3_2003nsca41.txt |
18 | NOVA SCOTIA COURT OF APPEAL Citation: C.P. v. D.S., 2008 NSCA 10 Date: 20080125 Docket: CA 281587 Registry: Halifax v. D.S. and D.S. Respondents Publication Ban: pursuant to s. 94(1) of the Children and Family Services Act Judges: Roscoe, Bateman and Fichaud, JJ.A. Appeal Heard: January 16, 2008, in Halifax, Nova Scoti... | The appellant appealed the adoption order regarding her natural child. Although at one time the child had been in the permanent care of the Agency, that order was terminated and replaced by a private guardianship order which had placed the child with the now-adoptive parents. Although neither of the birth parents, who ... | d_2008nsca10.txt |
19 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2007 SKQB Date: 2007 01 03 Docket: Q.B. 50/2006 Judicial Centre: Yorkton BETWEEN: PIERRE TAMBELLINI and WALLY ZENKEWICH Counsel: Ryan O. Malley for the appellant Bernard N. Stephaniuk for the respondent JUDGMENT KRAUS J. January 3, 2007 [1] This is an appeal, pursuant to s. 39 o... | This is an appeal pursuant to s. 39 of The Small Claims Act, 1997. The appellant asserts a palpable and overriding error by the learned trial judge in accepting, and finding as fact, part of the testimony of a witness but not accepting the further testimony of the witness that an amount was also owing to the appellant ... | b_2007skqb1.txt |
20 | J. IN THE PROVINCIAL COURT OF SASKATCHEWAN CIVIL DIVISION 2011 SKPC 143 Date: September 2, 2011 File: n/a Location: Prince Albert Between: Wallace Fox and The Government of Saskatchewan (Minister of Finance) And Muskoday First Nation operating as the Muskoday Convenience and Gas Bar Defendants J. Ron Cherkewich For the... | The plaintiff filed a number of duplicate claims on behalf of a number of individuals. The issue was whether the claims should be issued. HELD: Section 7(1) of The Small Claims Act provides that a Provincial Court Judge acts as a gatekeeper to insure that claims comply with the Act before they are issued. In this role,... | 7_2011skpc143.txt |
21 | nan QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2014 SKQB 344 Date: 2014 10 23 Docket: QB 148 of 2014 Judicial Centre: Saskatoon BETWEEN: TORONTO-DOMINION BANK and DAVID GARRY SCHELL and CORINNE LAVOIE Counsel: L. Zerajic for the plaintiff No one representing the defendants FIAT ROTHERY J. October 23, 2014 [1] This fiat i... | The court gave leave to counsel for the plaintiff to file an amended draft order nisi. It made the following recommendations regarding the draft order: 1) the sale should be held under the direction of a solicitor other than the plaintiff’s solicitor; 2) that relying upon a partial appraisal and in the absence of infor... | e_2014skqb344.txt |
22 | E. J. Gunn QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2007 SKQB 98 Date: 2007 03 14 Docket: Q.B.C.A. No. 33/2006 Judicial Centre: Saskatoon BETWEEN: ORION RAYCRAFT and SHAUNNA RAYCRAFT, and HER MAJESTY THE QUEEN, Respondent Appearances: Orion Raycraft and Shaunna Raycraft on their own behalf Sami A. Shenouda for the Crow... | The appellants were found guilty of breaching a rural municipal bylaw which provides 'That no poultry or livestock be permitted in districts zoned Hamlet [sic].' There were four grounds of appeal: 1) an application to admit new evidence on appeal; 2) a constitutional challenge seeking a declaration that the bylaw was u... | 9_2007skqb98.txt |
23 | J. 531/2005 2006 SKPC 93 IN THE PROVINCIAL COURT OF SASKATCHEWAN (SMALL CLAIMS DIVISION) AT REGINA SASKATCHEWAN Between: KEVIN EBERLE and LINDA BOXALL Defendant Trial Dates: October and 3, 2006 Appearances: Judith Falle For Plaintiff David A. Gerrand Q.C For the Defendant October 10, 2006 BOGDASAVICH, PCJ JUDGMENT CLAI... | The plaintiff alleges the defendant has injured his reputation and feelings, and has caused the plaintiff humiliation and distress, through her actions as Reeve of the Council of the Rural Municipality of Sherwood. The plaintiff claims general and aggravated damages of $5,000 for these injuries. Both the plaintiff and ... | c_2006skpc93.txt |
24 | nan S.C.A. No. 02392 IN THE SUPREME COURT OF NOVA SCOTIA APPEAL DIVISION Macdonald, Hallett and Matthews, JJ.A. BETWEEN: SILVER STAR PROPERTIES LIMITED and SHIRLEY DeMERCHANT IMELDA FAJARDO Respondent David P.S. Farrar for the appellant Andrew Pavey for the respondents Appeal Heard: April 10, 1991 Judgment Delivered: A... | The issue in this appeal was whether a landlord can give notice of a rental increase at any time during a yearly tenancy under the Standard Form Lease. Section of the lease provides for increases upon months notice to the tenant. The trial judge found that notice must be given months prior to the expiration of the leas... | e_1991canlii2551.txt |
25 | PCJ QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2006 SKQB 335 Date: 2006 07 20 Docket: Q.B. 918/2006 Judicial Centre: Saskatoon BETWEEN: IN THE QUEEN’S BENCH JUDICIAL CENTRE OF SASKATOON WAL-MART CANADA CORP., and SASKATCHEWAN LABOUR RELATIONS BOARD, and UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1400 J.R. Beckman, Q.C. an... | FIAT: The former vice-president of the Saskatchewan Labour Relations Board commenced an action for damages alleging wrongful conduct by the Government of Saskatchewan. He alleges his term was not renewed through the influence of certain unions with the Department of Labour. He participated in an interview where he sugg... | c_2006skqb335.txt |
26 | J. 1999 SKQB 29 Q.B.G. A.D. 1999 No. 128 J.C.M. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF MELFORT BETWEEN: KINGFISHER INNS LIMITED, RATZLAFF HOLDINGS LIMITED, TOBIN LAKE MOTEL LIMITED, DENNIS AND RAE COOPER operating under the firm and style of NIPAWIN MOTOR INN and ELAINE and ERVIN JOHNSON operating under the firm and s... | In issue was whether the Town Council's proceedings in respect to a proposed hotel development, including the bylaw, were invalid by reason of bad faith and whether it met the statutory prerequisites for a public meeting. HELD: The Town was prohibited from holding a public hearing with respect to the amendment to the z... | 1999skqb29.txt |
27 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2017 SKQB 205 Date: 2017 07 07 Docket: QBG 2314 of 2013 Judicial Centre: Regina BETWEEN: ṢEKERBANK T.A.S. and HṺSEYIN ARSLAN and MURAD AL-KATIB Counsel: Peter T. Bergbusch for the plaintiff Keven C. Mellor for the defendant, Hṻseyin Arslan Deron A. Kuski, Q.C. and K. James Rose ... | Civil Procedure – Queen’s Bench Rules, Rule 3-72, Rule 3-84Statutes – Interpretation – Enforcement of Money Judgments Act, Section 5, Section 8 The proposed plaintiff, Alternatifbank (Abank) applied pursuant to Queen’s Bench rules 3-72 and 3-84 to be added as a plaintiff to the action of the plaintiff, Sekerbank, again... | 4_2017skqb205.txt |
28 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2006 SKQB 536 Date: 2006 12 15 Docket: Q.B.G. No. 78 of 2004 Judicial Centre: Melfort BETWEEN: TKACHUK FARMS LTD. and LE BLANC AUCTION SERVICE LTD. and RITCHIE BROS. AUCTIONEERS (CANADA) LTD. Counsel: G. Carson for the Plaintiff N. Turcotte and I. Smith for the defendants JUDGME... | The primary issue is whether the plaintiff, the owner of certain farm equipment consigned for sale at unreserved auction, has indirectly allowed another individual to bid on its behalf, or for its own benefit. The plaintiff corporation agreed to sell its entire inventory of farm equipment at unreserved auction for a gu... | 2006skqb536.txt |
29 | J. Q.B.G. A.D. 1996 No. 2272 J.C. R. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF REGINA BETWEEN: JASON SPRINGER and SASKATCHEWAN GOVERNMENT INSURANCE DEFENDANT Margot A. Dynna for the plaintiff Joan M. Eremko for the defendant JUDGMENT MALONE J. July 6, 1998 On February 22, 1996, the plaintiff's residence, mobile home loca... | The plaintiff's residence, a mobile home, was totally destroyed by fire in 1996. The insure denied liability on the policy alleging the plaintiff deliberately started the fire or caused it to be started. HELD: The plaintiff's claim was dismissed. 1)When the evidence of the three independant witnesses was considered, th... | 1998canlii13992.txt |
30 | nan SUPREME COURT OF NOVA SCOTIA Citation: v. C.R.H., 2012 NSSC 101 Date: 20120308 Docket: CRH 346803 Registry: Halifax Between: Her Majesty The Queen Provincial Crown Accused Editorial Notice Identifying information has been removed from this electronic version of the judgment. Restriction on publication: Section 486.... | The accused was charged with sexual assault and various other sexual offences with respect to his niece (who had spent weekends and summers with her father, who lived with his sister and the accused) when she was between the ages of 12 to 15. The accused denied the allegations, suggesting that, since the niece had not ... | e_2012nssc101.txt |
31 | nan Saskatchewan Provincial Court Prince Albert, Saskatchewan IN THE MATTER OF Information No. 32921631 Between Her Majesty the Queen, And Lee Aaron Zoerb Counsel: J. Morall, for the Crown. S. Loewen, for the defence. JUDGMENT Goliath Prov. Ct. J. August 28, 1998 1 GOLIATH PROV. CT. J.:- Lee Zoerb is charged with anass... | The accused, employed as doorman and relief bartender at the time of the altercation, was charged with assault causing bodily harm in which the complainant sustained significant injuries to his head and face. Three crown witnesses and five defence witnesses testified as to the altercation in the bar. HELD: The accused ... | e_1998canlii13359.txt |
32 | 1991 S.H. No. 76225 IN THE SUPREME COURT OF NOVA SCOTIA TRIAL DIVISION BETWEEN: CONSTABLE MAUREEN WHITE and CITY OF DARTMOUTH, BARRY J. ALEXANDER VANCE MACDONALD and GARY, R. MILLER, Chairman and Members respectfully of the Police Review Board and the POLICE REVIEW BOARD (NOVA SCOTIA) Respondents HEARD: at Halifax, Nov... | A complaint was lodged against the applicant police officer that she had been discourteous to the victim of a sexual assault and that she had lied about being granted permission to attend a meeting held to investigate the assault. The applicant was given written notice of the substance of both allegations according to ... | d_1991canlii4322.txt |
33 | J. 1997 S.T. No. 07357 IN THE SUPREME COURT OF NOVA SCOTIA and TRURO INTERNATIONAL INC. DEFENDANT HEARD: At Truro, Nova Scotia, on the 4th day of December, 1997. BEFORE: The Honourable Justice Donald M. Hall. DECISION: December 17, 1997. COUNSEL: Peter Rogers, Esq., Counsel for the plaintiff. Peter Lederman, Esq., Coun... | This was an action for wrongful dismissal. The plaintiff went on maternity leave for six months. During this time the defendant, her employer, hired a temporary replacement on a part-time basis, with fewer hours and less pay than the plaintiff. The defendant offered this position to the plaintiff when her leave had end... | c_1997canlii1639.txt |
34 | IN THE SUPREME COURT OF NOVA SCOTIA Citation: Goodman Rosen Inc. v. Sobeys Group, 2002 NSSC 264 Date: 20021106 Docket: SH 188355 Registry: Halifax Between: Goodman Rosen Inc. Plaintiff v. Sobeys Group Inc. and Docket: SH 188340 Registry: Halifax Between: Shoppers Realty Inc., body corporate, Shoppers Drug Mart Inc., bo... | The defendant had a 25 year lease in a shopping centre which provided that the defendant would only use the premises for the purposes of the business of the retail sale of a complete line of food products, as well as general merchandising, as carried out by the rest of the majority of its stores. The defendant proposed... | 9_2002nssc264.txt |
35 | QUEEN’S BENCH FOR SASKATCHEWAN Date: 2012 07 11 Citation: 2012 SKQB 275 Docket: Div. No. 37 of 2010 Judicial Centre: Swift Current, Family Law Division BETWEEN: SHERRI LYNN KNUTTILA and JACOB JOHN EVERET KNUTTILA Counsel: A. McBride for the petitioner M. Sheppard for the respondent JUDGMENT WILKINSON J. July 11, 2012 1... | The parties agree that joint custody is appropriate, but the petitioner mother asked that the principal residence of the two boys be varied and awarded to her. The parties live blocks from each other, but the transition between homes has not gone well. The children have been primarily residing with the father. The fath... | 6_2012skqb275.txt |
36 | J. C.A. No. 131106 NOVA SCOTIA COURT OF APPEAL Chipman, Matthews and Flinn, JJ.A. BETWEEN: FUTURE INNS CANADA INC. and LABOUR RELATIONS BOARD (NOVA SCOTIA); THE ATTORNEY GENERAL OF NOVA SCOTIA representing HER MAJESTY THE QUEEN in the right of the Province of Nova Scotia; DIRECTOR OF PUBLIC PROSECUTIONS; HOTEL EMPLOYEE... | This was an appeal from a Supreme Court decision dismissing certiorari applications to quash three orders of the Labour Relations Board ordering the appellant to reinstate the respondents and pay them compensation for dismissing them due to their support of a union. The appellant alleged that the Board's order should b... | 8_1997canlii9861.txt |
37 | 2000 SKCA 87 Docket: 3164 THE COURT OF APPEAL FOR SASKATCHEWAN Coram: Bayda C.J.S., Sherstobitoff Lane JJ.A. RATHCLIFFE HOLDINGS LIMITED and JOSTEN HOLDINGS LIMITED and THE CITY OF SASKATOON COUNSEL: Mr. J. Hesje for the Appellants Mr. W.J. Davern for the Respondent, City of Saskatoon Mr. J. Grubb Ms. K. Richardson for... | An appeal under s.33.1 of the Municipal Board Act from a decision of the Assessment Appeals Committee of the Saskatchewan Municipal Board, one in a series of appeals heard at the same time dealing with the application of a newly introduced market adjustment factor (MAF) to assessments for municipal tax purposes. In iss... | 9_2000skca87.txt |
38 | nan THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2006 SKCA 55 Date: 20060516 Between: Docket: 1117 Trevor James Drury and Her Majesty the Queen Coram: Lane, Jackson Richards JJ.A. Counsel: Darren Armitage for Trevor James Drury Frank Impey for the Crown Appeal: From: QBJ No. 19 of 2004, J.C. Saskatoon Heard: May 16, ... | The appellant appealed his conviction for possession for the purpose of trafficking methamphetamine contrary to s. 5(2) of the Controlled Drugs and Substances Act. His sole ground of appeal hinges on the court accepting fresh evidence. HELD: The application to adduce fresh evidence is dismissed. There being no ground o... | e_2006skca55.txt |
39 | J. THE COURT OF APPEAL FOR SASKATCHEWAN HER MAJESTY THE QUEEN and RANDALL DESNOMIE CORAM: The Honourable Mr. Justice Cameron The Honourable Mr. Justice Sherstobitoff The Honourable Mr. Justice Lane COUNSEL: Mr. D.M. Brown, Q.C. for the Crown Ms. C.G. Covert for the Respondent DISPOSITION: Appeal Heard: March 8, 1996 Ap... | The Crown appealed two sentences of two years less a day each, to be served concurrently for armed robbery. The 32 year old appellant had 32 previous convictions including two armed robberies and seven convictions relating to possession of weapons. HELD: The Crown appeal was allowed and the sentence for each offence wa... | 3_1996canlii4959.txt |
40 | J. Q.B. A.D. 1994 No. 120 J.C.M. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF MELFORT IN THE MATTER OF THE CHILD AND FAMILY SERVICES ACT, AND IN THE MATTER OF D.M., D.M, AND D.M. CHILDREN OF W.M. AND A.M., AND IN THE MATTER OF AN APPLICATION BY THE MINISTER OF SOCIAL SERVICES FOR SASKATCHEWAN FOR AN ORDER OF PERMANENT COMMI... | A Father appealed an order permanently committing his 3 children to the care of the Minister of Social Services. HELD: Appeal dismissed. 1)It is an established principle that an appeal court should not interfere with the findings of fact by a trial judge unless the findings are not supported by the evidence or the conc... | 3_1995canlii5872.txt |
41 | IN THE FAMILY COURT OF NOVA SCOTIA Citation: A.L.H. v. M.R.H., 2006 NSFC Date: March 29, 2006 Docket: FWMCA-No. 025728 Registry: Shubenacadie Between: A.L.H. Respondent Revised Decision: The text of the original decision has been revised to remove personal identifying information of the parties on February 5, 2009. Jud... | Although the mother initially had sole custody of the parties' two children, they were placed in the joint custody of both parents, with primary care and control with the father, when the mother was hospitalized due to mental health disturbances. When the children were not later returned to her care, the mother brought... | 2_2006nsfc7.txt |
42 | nan IN THE SUPREME COURT OF NOVA SCOTIA IN BANKRUPTCY AND INSOLVENCY Citation: Herve (Re), 2008 NSSC 216 Date: July 7, 2008 Docket: 31951 Registry: Halifax District of Nova Scotia Division No. Sydney Court No. 31951 Estate No. 51-095527 IN THE MATTER OF THE PROPOSAL OF WILLIAM BLAIR HERVE LIBRARY HEADING Registrar: Ric... | The applicant school teacher asked to be discharged from $20k in student loan debts under s.178(1.1) of the Bankruptcy and Insolvency Act. He had filed consumer proposal in 2001, which he completed successfully in 2006. He earned $50,874 (gross) per annum; was at the top of his pay scale; had two young children; and hi... | e_2008nssc216.txt |
43 | J. SC 870/2002 2003 SKPC 19 IN THE PROVINCIAL COURT FOR SASKATCHEWAN AT SASKATOON CIVIL DIVISION BETWEEN: JOHN MORRISON -the Plaintiff -AND- SYDIA BROS. ENT. LTD. and MARVIN PROCYSHYN the Defendants Appearances: Mr. Morrison appeared for himself. Mr. Procyshyn appeared for himself. JUDGMENT T. WHITE, PCJ JANUARY 29, 20... | At issue in the negligence suit was whether the defendant ought to have seen the plaintiff's vehicle in front of him and stopped his vehicle to avoid the motor vehicle collision. The only material difference in testimonies was whether there was a half-ton truck in front of the plaintiff's vehicle when the collision occ... | 5_2003skpc19.txt |
44 | 2002 SKQB 125 Q.B.G. A.D. 2001 No. 1447 J.C. R. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF REGINA BETWEEN: GARTH TREBLE and WENDY JACKSON PLAINTIFFS (DEFENDANTS BY COUNTER-CLAIM) and GOLDEAN ENTERPRISES INC. and P.T. APOTHECARY LTD. DEFENDANTS (PLAINTIFFS BY COUNTER-CLAIM) and P.T. ALCHEMY LTD., CABRI HOLDINGS LTD., 61160... | FIAT. The issue was whether costs should be assessed against the plaintiffs because the two motions served by the plaintiffs were not filed at the Court House prior to the return date as required by the Queen's Bench Rules; the motion filed at the Court House was not served on the defendants; plaintiff's counsel advis... | 2002skqb125.txt |
45 | Date: 20000323 Docket: S.H. 1201-50342 IN THE SUPREME COURT OF NOVA SCOTIA BETWEEN: MICHAEL STUART CLARKE and LAVERNA RUTH CLARKE RESPONDENT HEARD BEFORE: The Honourable Justice Walter R. E. Goodfellow in the Supreme Court of Nova Scotia on March 20th, 21st, 22nd, 2000 DECISION: March 22nd, 2000 (orally) WRITTEN RELEAS... | The parties were married for 14 years and separated in 1995, entering into a detailed Separation Agreement in 1998. The two children of the marriage are 16 and 8 years of age. There was a long history of relatively short terms of employment and several moves to take employment. The respondent had a grade 12 education a... | 4_2000canlii2633.txt |
46 | nan D.I.V. A.D. 1999 No. 219 J.C. R. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF REGINA RESPONDENT Gerald B. Heinrichs for S. W. S. W. Timothy Stodalka for C. J. S. respondent JUDGMENT GUNN J. May 3, 1999 [1] S.W.S. and C.J.S. married September 21, 1996 and separated April 19, 1999. They each seek interim custody of their ... | The parties were married in September 1996 and subsequently separated in April of 1999. The parties both seek custody of their only child born in October 1997. The issues before the court is interim custody and primary residence of the child, access by the other parent and interim child maintenance. The parties filed e... | e_1999canlii12700.txt |
47 | 1996 Date: 20001006 Docket: S.H. No. 124253/ 129883 IN THE SUPREME COURT OF NOVA SCOTIA BETWEEN: ROBERT LLOYD FOWLER, KIM FOWLER and CENTRAL EQUIPMENT LIMITED, body corporate -and- SCHNEIDER NATIONAL CARRIERS LIMITED, body corporate and MICHAEL MAGOON DECISION HEARD BEFORE: The Honourable Justice Robert W. Wright, in C... | In a trial of liability only, jury found defendants to be entirely responsible for causing motor vehicle accident. Plaintiff was found contributorily negligent and liability was apportioned 57.5% to defendant and 42.5% to plaintiff. Plaintiff suffered significant injuries and plaintiff and spouse applied for interim pa... | 4_2000canlii3136.txt |
48 | IN THE SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: 2005 NSSC 364 Date: 20051013] Docket:31735 CFSA Registry: Sydney Between: Children's Aid Society of Cape Breton-Victoria v. L.A.D., J.C.E. and C.M.S. Respondent Revised Decision: The text of the original decision has been revised to remove personal identif... | The Agency applied for permanent care of a young child, with no access to the parents. Each of the mother, the biological father and the psychological father sought to have the child placed in their care. The child had been apprehended due to unsafe and unhealthy living conditions. The mother and psychological father n... | 2005nssc364.txt |
49 | J. QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2009 SKQB 317 Date: 2009 07 30 Docket: Q.B.G. No. 1107/09 Judicial Centre: Regina BETWEEN: PAUL MATTHEW SINNETT and WESTERN CHRISTIAN COLLEGE and THE OFFICE OF THE RENTALSMAN Counsel: Paul Matthew Sinnett for himself Kathryn Deveau for Western Christian College JUDGMENT Dawso... | This is an appeal by the tenant, pursuant to s. 72 of the Residential Tenancies Act from a decision of the hearing officer appointed under the Act, who, pursuant to ss. 58, 68, and 70 of the Act, ordered that the landlord be given possession of the tenant's rental unit and that a writ of possession be issued to place t... | 8_2009skqb317.txt |
50 | nan U.F.C. of 1983 105 J.C.S. IN THE UNIFIED FAMILY COURT JUDICIAL CENTRE OF SASKATOON BETWEEN: MARY KLASSEN and JOHN KLASSEN RESPONDENT Mr. J. Gillis for the applicant Ms. T. Holizki for the respondent ORAL JUDGMENT GAGNE, J. DATE: February 12, 1985 The applicant seeks a division of matrimonial property pursuant to th... | Division of matrimonial property. Husband made modest living and, eight years ago, won $100,000 in lottery. The lottery money was spent on household finances and lost in husband's small business venture. Husband 'spent more money on alcohol than he should have'. HELD: This did not amount to dissipation of matrimonial p... | e_1985canlii205.txt |
51 | 80 PROVINCIAL COURT OF SASKATCHEWAN PRINCE ALBERT IN THE MATTER OF INFORMATION#45414395 HER MAJESTY THE QUEEN and Carl Gerald Alexander Lathlin Ruling on Section Charter Application (Non-Disclosure) S.C. Carter, P.C.J J. Syrnick, CROWN PROSECUTORS, Prince Albert, SK. FOR THE CROWN. G. Bendig, BENDIG LAW OFFICE, Prince ... | The accused was charged with a number of break and enters. After hearing evidence, the Crown advised the Court that it intended to call 'Ace' to the stand. Ace had been subpoenaed and had been sitting in the Court listening to other Crown witnesses. Defence counsel objected and claimed the Crown had not disclosed this ... | 2003skpc80.txt |
52 | J. 1996 C.R. SK 6458-6465 IN THE SUPREME COURT OF NOVA SCOTIA Her Majesty the Queen -v Delma James CROWELL DECISION ON SENTENCING Heard Before: The Honourable Justice J. Michael MacDonald at Halifax, Nova Scotia Oral Decision: August 28th, 1997 Written Release of Decision: December 3, 1997 Counsel: Bernadette Macdonal... | The offender, a former police chief, plead guilty to five theft related charges. The amount of money involved for all five counts was $64,000. He used his position of authority as police chief to commit the crimes. The offender did not have a criminal record. The offences were premeditated, and directed against trustin... | 4_1997canlii776.txt |
53 | C.A. No. 122686 NOVA SCOTIA COURT OF APPEAL Hallett, Freeman and Bateman, JJ.A. BETWEEN: FABIAN LOWELL BINDER and THE ROYAL BANK OF CANADA, body corporate and THE BANK OF MONTREAL, body corporate Respondents Robert Murrant, Q.C. Chris Lockwell for the Appellant William L. Ryan, Q.C. John E. MacDonell for the Respondent... | This was an appeal from the decision of a chambers judge striking the appellant's Statement of Claim under Rule 25.01 for being outside the limitation period. The parties did not submit an agreed Statement of Facts. Allowing the appeal, that the chambers judge erred in proceeding with the application pursuant to Rule 2... | b_1996canlii5599.txt |
54 | nan F.S.M. A.D. 1995 No. 112 J.C. R. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF REGINA IN THE MATTER OF HEARING UNDER PART OF THE CHILD AND FAMILY SERVICES ACT AND IN THE MATER OF J, Lj and L. Sandstrom-Smith for the Minister of Social Services representing herself representing himself ORDER AND REAS... | The Minister of Social Services sought an order under s.37(2) of the Child and Family Services Act to permanently commit all three children to the Minister. The Department of Social Services had been involved with the family since the birth of the oldest child. The children had been in the care of the Minister at vario... | e_1999canlii12492.txt |
55 | 2002 SKQB 155 A.D. 2001 No. 02984 J.C. Y. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF YORKTON BETWEEN: SHERI ANN STACHURA and EARL JOHN STACHURA RESPONDENT R.S. Yaholnitsky for the petitioner Respondent appeared on his own behalf JUDGMENT GEREIN C.J.Q.B. April 22, 2002 [1] This is an action in which t... | The wife sought distribution of family property in accordance with the Family Property Act. HELD: The petitioner was given judgment for $51,725.82 with taxable costs of the action payable within 3 months, failing which, the petitioner may apply for directions as to sale of the family property. The family property was d... | c_2002skqb155.txt |
56 | Hall, J. THE PROVINCIAL COURT FOR SASKATCHEWAN NORTH BATTLEFORD IN THE MATTER OF THE SMALL CLAIMS ACT, 1997 Citation No: 2003 SKPC 44 S. C.: N.B.141-02 BETWEEN: RALPH FINCH AND RAYMOND RUSSELL, RONALD RUSSELL and ROD RUSSELL, operating as TRIPLE AUTO REPAIR DEFENDANTS The Plaintiff, for himself Lionel Russell, for the ... | The plaintiff sought to recover the purchase price and repair and inspection costs of a used vehicle pursuant to the Consumer Protection Act s.57(1)(b). Mr. Russell sold the vehicle under consignment to the plaintiff for $1,600. The sales agreement indicated the vehicle was sold 'as is'. The purchaser returned the vehi... | 2_2003skpc44.txt |
57 | nan IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2012 SKPC 043 Date: March 8, 2012 Information: 36652002 Location: Saskatoon Between: Her Majesty the Queen and Ryan Neil Palmer Appearing: Bryce Pashovitz For the Crown Jonathon Abrametz For the Accused DECISION ON VOIR DIRE M.L. GRAY, BACKGROUND [1] On July 14, 201... | The accused was charged with impaired driving and driving over .08. He argued that the investigating officer did not have reasonable and probable grounds to make a breath demand pursuant to s. 254(3) of the Criminal Code resulting in the arbitrary detention of the accused. The accused argued the Certificate of Analysis... | e_2012skpc43.txt |
58 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2007 SKQB 444 Date: 2007 11 29 Docket: Q.B. CNJ 43/07 Judicial Centre: Regina BETWEEN: HER MAJESTY THE QUEEN [J.L.P.] AND [T.T.A.] Counsel Bryce Pashovitz for the Crown Jeffrey W. Deagle for [J.L.P.] Robin Neufeld for [T.T.A.] SENTENCING CHICOINE, J. November 29, 2007 Note: This... | The two accused were found guilty, after trial, of robbery with violence contrary to s. 344(b) of the Criminal Code and wearing a mask with the intent to commit an indictable offence contrary to s. 351(2) of the Code. HELD: The accused are sentenced to 40 months imprisonment for the offence of robbery with violence and... | 2_2007skqb444.txt |
59 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2006 SKQB 274 Date: 2006 06 09 Docket: Q.B.A. No. 04/05 Judicial Centre: Battleford BETWEEN: IDANALL KORNER RANCH LTD. ERICK RODNEY ALSAGER and 587214 SASKATCHEWAN LTD. and HER MAJESTY THE QUEEN Counsel: R. A. Robertson for the appellants F. G. Impey for the respondent JUDGMENT ... | DIGEST The appellants were convicted of several offences pursuant to the Health of Animals Act and Regulations resulting from their handling of elk and from obstructing inspectors. The total sentence imposed by the trial judge was $69,000. HELD: 1) The sentencing judge was aware that the appellants had been previously ... | 8_2006skqb274.txt |
60 | nan REDACTED VERSION QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2014 SKQB 23 Date: 2014 01 23 Docket: Q.B.G. 1494 of 2013 Judicial Centre: Regina BETWEEN: TRYSTAN LAWLESS, KAYLEIGH LAWLESS, AYDAN LAWLESS, KENZY LAWLESS AND RYLAN LAWLESS, BY THEIR LITIGATION GUARDIAN KHRISTINA LAWLESS and CONSEIL SCOLAIRE FRANSASKOIS Coun... | Civil Procedure Injunction HELD: The first portion of the statement of claim is an attempt by the plaintiff to have the Court take jurisdiction over a matter that is already before the Saskatchewan Human Rights Tribunal. While the court has jurisdiction to hear human rights complaints, the jurisdiction only arises afte... | e_2014skqb23.txt |
61 | J. F.L.D. A.D. 2000 No. 467 J.C. S. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF SASKATOON RESPONDENT Jacqueline Lane for the petitioner Brendan W. Pyle for the respondent JUDGMENT R. S. SMITH J. June 4, 2003 [1] The parties have three children aged four to eight years. On December 13, 2002 an order is... | The father was unemployed by reason of health problems and was in arrears on the December 13, 2002 child support order for $454 per month. He was seeking damages against the federal government for alleged abuses suffered while attending an Indian Residential School. The mother sought to attach the possible damage award... | 7_2003skqb255.txt |
62 | 2002 SKQB 131 Q.B.A. A.D. 2001 No. 15 J.C.B. IN THE COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE OF BATTLEFORD BETWEEN: HER MAJESTY THE QUEEN and DENNIS HAROLD FAULKNER RESPONDENT Michel Piche for the appellant (Crown) R. J. Smith for the respondent JUDGMENT April 8, 2002 KRUEGER J. [1] This summary convicti... | The Crown appealed the dismissal of charges of impaired driving and driving with a blood alcohol level exceeding .08. The trial judge held the circumstances supported a special plea of autrefois acquit and that the manner of proceeding by the Crown was an abuse of process at common law. Alberta did not withdraw or aban... | b_2002skqb131.txt |
63 | IN THE SUPREME COURT OF NOVA SCOTIA Citation: Wacky’s Carpet Floor Centre v. Joseph, 2006 NSSC 353 Date: 20061121 Docket: SH 263849A Registry: Halifax Between: Wacky’s Carpet Floor Centre v. Dr. Paul Joseph Judge: The Honourable Justice Frank C. Edwards Heard: November 21, 2006, in Halifax, Nova Scotia Written Decision... | The claimant flooring dealer had supplied and installed a large amount of flooring in the defendant's new home. Although the defendant had visited the claimant's store and selected the flooring, the actual purchase was made by the defendant's contractor who did not pay the claimant and had now declared bankruptcy. The ... | 5_2006nssc353.txt |
64 | nan QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2013 SKQB 434 Date: 2013 12 11 Docket: Q.B.G. 1001 of 2013 Judicial Centre: Regina BETWEEN: HELEN THERESA PEARCE-ELL and KEITH HOLGATE and LAURA HOLGATE Counsel: Merrilee Rasmussen, Q.C. for the plaintiffs Reginald E. Sauer for the defendants JUDGMENT SCHWANN J. December 11,... | HELD: The Court granted the application. It held that: 1) a solicitor-client relationship was created between the applicants and the defendants based on the evidence; and 2) that the applicants had not rebutted the presumption that they had received confidential information during the meeting that was relevant to the p... | e_2013skqb434.txt |
65 | 14 PROVINCIAL COURT OF SASKATCHEWAN PRINCE ALBERT IN THE MATTER OF INFORMATION #24121008 HER MAJESTY THE QUEEN and Leonard C. Cheney S.C. Carter, P.C.J J. Field, Q.C., CROWN PROSECUTORS, Prince Albert, SK. FOR THE CROWN. T. Forsyth, SANDERSON, BALICKI, POPESCUL LAW OFFICE, Prince Albert, SK. FOR THE DEFENCE. [1] The ac... | The accused was charged with operating a motor vehicle while impaired by alcohol or drug (Code ss.253(a) and 255(1)). The accused admitted to consuming one vodka cooler before driving but argued the signs of impairment were manifestations of his panic attack. No .08 charge was laid, as his readings were .07 and .06. HE... | 3_2003skpc14.txt |
66 | nan REDACTED VERSION QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2017 SKQB 380 Date: 2017 12 19 Docket: DIV 207 of 2014 Judicial Centre: Regina Counsel: Christine Hansen-Chad for the petitioner Drew Filyk for the respondent (at the time of trial) S.K. now self-represented respondent JUDGMENT CHOW J. December 19, 2017 INTR... | HELD: 1) The court ordered joint custody and continued primary residence with the wife and specified access to the husband. The child’s interests were best served by a parenting regime that preserved the stability the wife provided as his primary caregiver, while expanding the periods of uninterrupted time with his fat... | e_2017skqb380.txt |
67 | nan QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2010 SKQB 464 Date: 2010 12 17 Docket: Q.B.G. No. 1553 of 2008 Judicial Centre: Regina BETWEEN: GEORGE ROBERT LAWSON and VINCENT THOMAS McKAY Appearing: William J. Herle for the plaintiff Vincent Thomas McKay appearing on his own behalf JUDGMENT WILSON J. December 17, 2010 [... | The defendant contracted with the plaintiff for supply and installation of materials. The defendant was not satisfied with the plaintiff's work, hired a third party to fix the plaintiff's work and refused to pay the plaintiff. The plaintiff sued for payment of the outstanding account HELD: The plaintiff's claim is dism... | e_2010skqb464.txt |
68 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2008 SKQB 33 Date: 2008 01 22 Docket: Q.B.G. 120/2007 Judicial Centre: Regina BETWEEN: JIM WINDREM PLAINTIFF (DEFENDANT BY COUNTER-CLAIM) and MAURICE COUTURE and SANDRA COUTURE and WINDMILL GREENHOUSES DEFENDANTS (PLAINTIFFS BY COUNTER-CLAIM) Counsel: Kelly Onyskevitch for the p... | The applicants apply for an order pursuant to Rule 173 of The Queen's Bench Rules striking paragraphs of the amended statement of claim on the basis that permitting these allegations in the statement of claim to remain would be an abuse of process. The paragraphs of the amended statement of claim at issue deal with the... | 2008skqb33.txt |
69 | J. 1993 S.H. No. 93‑4487 IN THE SUPREME COURT OF NOVA SCOTIA BETWEEN: J. Colleen Killorn, Plaintiff and HealthVision Corporation, body corporate formerly known as H.C.S. Health Care Systems Inc., body corporate, DECISION HEARD: at Halifax, Nova Scotia before The Honourable Justice Walter R. E. Goodfellow on February 1,... | This was an application by the defendant to strike the plaintiffs Notice of Trial With a Jury in a wrongful dismissal action. The notice had been outstanding for more than 10 months at the time the application was made, and a trial date had been set seven months prior to the application. Dismissing the application with... | d_1996canlii5462.txt |
70 | IN THE PROVINCIAL COURT OF NOVA SCOTIA Citation: v. Kidson, 2007 NSPC 68 Date:20071128 Docket: 1686187 1686188 Registry: Bridgewater Between: Her Majesty the Queen Kidson Judge: The Honourable Judge Anne E. Crawford Heard: September 25, 2007, in Bridgewater, Nova Scotia Charge: s. 253(a) of the Criminal Code of Canada ... | The defendant was charged with impaired driving and operating a motor vehicle with a blood alcohol content over the legal limit. The police first noticed the accused when he got out of his vehicle (which was parked near a pub), staggered slightly and then got back in. The defendant's evidence was that he had only enter... | d_2007nspc68.txt |
71 | J. Q.B.M. A.D. 1994 No. 001581 J.C.M. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF MELFORT BETWEEN: TRACY LANDELL RESPONDENT (PETITIONER) and LORNE LANDELL APPLICANT (RESPONDENT) Irwin Carson for the respondent(petitioner) E. F. Anthony Merchant, Q.C. for the applicant (respondent) JUDGMENT KLEBUC J. August 6, 1996 Sophie L... | A decree nisi and an order granting custody to the mother was made in 1995. Upon appeal the Court of Appeal directed a new trial. Changes in circumstances included the fact that the child was developmentally delayed and required a special program. A pediatrician testified that inconsistency in parenting approaches woul... | 1996canlii6900.txt |
72 | IN THE PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Stone, 2009 NSPC 10 Date: March 18, 2009 Docket: Case Number(s) 1882438 Registry: Halifax v. Justin David Stone DECISION ON VOIR DIRE Judge: The Honourable Judge Marc C. Chisholm Heard: March 18, 2009, in Halifax, Nova Scotia Charge: (1) s.5(2) CDSA, possession of ... | The accused was arrested for possession of drugs and a weapon, and for breaching his probation. Police testified they saw him walking down the street at 10am and noticed a strong smell of marijuana. When approached, he was smoking a cigarette in front of the provincial courthouse. He said he had smoked marijuana on the... | 5_2009nspc10.txt |
73 | E. J. Gunn NOVA SCOTIA COURT OF APPEAL Citation: Potter v. Nova Scotia Securities Commission, 45 Date: 20060419 Docket: CA 256947 Registry: Halifax Between: The Nova Scotia Securities Commission v. Daniel Potter Respondent Judges: Bateman, Cromwell and Saunders, JJ.A. Appeal Heard: March 24, 2006, in Halifax, Nova Scot... | The president of a company against whom the Securities Commission had ordered an investigation applied to the court for certiorari to quash the investigation. He alleged that the investigators had improperly obtained and used the contents of his email, some of which were subject to solicitor and client privilege. In th... | c_2006nsca45.txt |
74 | J. NOVA SCOTIA COURT OF APPEAL Citation: Davis v. Hill, 2005 NSCA 104 Date: 20050630 Docket: CA 238220 Registry: Halifax Between: Gilbert Roland Hill v. Pamela Davis Respondent Judge(s): Roscoe, Bateman Cromwell, JJ.A. Appeal Heard: May 19, 2005, in Halifax, Nova Scotia Held: Appeal dismissed, with costs payable by Mr.... | The son of unmarried parents, who had graduated from high school, was working part-time, living with his mother and had not made a final decision on a further course of study sustained a serious brain injury just a few months after his 19th birthday. He required extensive rehabilitation and would not regain his pre-acc... | d_2005nsca104.txt |
75 | J. 2003 SKQB 519 F.L.D. A.D. 2003 No. 366 J.C. R. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF REGINA BETWEEN: DAVID MICHAEL STOPANSKI and LUCINDA PERRA RESPONDENT W. Timothy Stodalka for the petitioner No one appeared for Ms. Perra nor did she appear JUDGMENT SANDOMIRSKY J. December 5, 2003 [1] Mr. St... | The Court was presented with a consent judgment. The respondent was unrepresented. The Court found the terms of the consent judgment were so unfair as to be unconscionable. HELD: The Court refused to issue the order on the grounds that the Court must not be seen as legitimatizing, condoning, acquiescing or approving of... | c_2003skqb519.txt |
76 | nan F.L.D. A.D. 1997 No. 489 J.C.S. IN THE QUEEN'S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF SASKATOON BETWEEN: PATSY MAY HARRIS and WILLIAM HARVEY HARRIS RESPONDENT Mr. D. Z. Braun for the petitioner Mr. M. R. Vanstone for the respondent JUDGMENT WRIGHT J. May 19, 1998 The Issue [1] Did the parties cohabit for mo... | In issue was whether the parties cohabited for more than 90 days and thereby vitiate their 1996 separation agreement to live separate and apart. The Agreement provided that neither would claim spousal support.HELD: 1)Credibility was determinative. The wife was articulate, intelligent and forthright while the husband wa... | e_1998canlii13571.txt |
77 | nan Note: This decision has been appealed. INFORMATION 43261743 DATE: 1999 IN THE PROVINCIAL COURT FOR SASKATCHEWAN SASKATOON, SASKATCHEWAN BETWEEN: HER MAJESTY THE QUEEN and THOMAS ALEXANDER SPARK M. J. Matchett For the Crown R. J. Smith For the Accused JUDGMENT RENDERED ON July 27, 2000 S.P. WHELAN, PCJ CHARGES [1] T... | Accused charged with impaired driving, being over.08 and driving while disqualified. The charges arose out of an incident where he rear-ended car stopped in front of him at red light. The accident victim estimated the time of the accident to be around 1:30 a.m. After the accident, the victim, witnesses and attending po... | e_2000canlii19619.txt |
78 | Dated: 19971119 Docket: 2853 THE COURT OF APPEAL FOR SASKATCHEWAN Coram: Vancise, Lane Jackson JJ.A. KELVINGTON SUPER SWINE INC. APPELLANT (Respondent) and KIMBERLY IRVING, SANDRA LYNN LOWNDES, SUSAN LOWNDES, GERALDINE PERRON, IVAN LINDGREN, MARLENE LINDGREN, LLOYD STROME, KAREN STROME, NEIL IRVING, LESLIE MITTON, BRIA... | The respondents applied for a declaration that the intensive livestock operation being constructed by Kelvington (KSS) was a development pursuant to s2(d) of the Environmental Assessment Act (EAA) and sought an order for mandamus compelling KSS to conduct an environmental assessment as required by s9 of the EAA. Yellow... | 9_1997canlii9803.txt |
79 | QB 1997 NO. 471000309 J.C. M.J. IN THE COURT OF QUEEN’S BENCH FAMILY LAW DIVISION JUDICIAL CENTRE OF MOOSE JAW BETWEEN: MILDRED BEATRICE OLSON vs- VERA MILDRED WILLETS RESPONDENT D. ANSELL for the applicant B.R. CRAIK for the respondent JUDGMENT MacLEAN, J. September 15, 1997 The applicant seeks an order pursuant to s.... | The applicant sought an order pursuant to s.130 of the Land Titles Act and s.56 of the Enforcement of Maintenance Orders Act for an order relieving the estate from payment of maintenance ordered in 1972. The respondent objected to the application being brought on behalf of the estate as Olson was neither executrix nor ... | 1997canlii9636.txt |
80 | J. THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2004 SKCA 153 Date: 20041110 Between: Docket: 852 Her Majesty the Queen and Mason Johnson Roberts Coram: Vancise, Jackson Richards, JJ.A. Counsel: Lane Wiegers for the Appellant Mason Johnson Roberts in person Appeal: From: Provincial Court Heard: November 10, 2004 Disp... | The respondent was convicted after trial of fraud exceeding $5,000 contrary to s. 380(1)(a) of the Criminal Code. The trial judge granted him a conditional discharge with a probation order of 1 year and a requirement of 200 hours of community service work. He also made a restitution order in the amount of $24,000. The ... | c_2004skca153.txt |
81 | 1999 SKQB Q.B.G. A.D. 1997 No. 1582 J.C. R. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF REGINA BETWEEN: RODNEY DIGNEAN and WHITE BEAR FIRST NATION NO. DEFENDANT Darcia G. Schirr for Rodney Dignean Michael B. Griffin for White Bear First Nation No. 70 JUDGMENT WIMMER J. August 5, 1999 [1] In May 1988, White Bear First Natio... | The plaintiff was the coordinator of post-secondary education programs for White Bear First Nation, between 1990 until his termination in May 1997. The plaintiff managed post-secondary programs with an annual budget of $960,000, taught upgrading and university entrance courses, and supervised other teaching and support... | 4_1999skqb3.txt |
82 | Dated: 20020617 2002 SKCA 80 Docket: 66 THE COURT OF APPEAL FOR SASKATCHEWAN Coram: Bayda C.J.S., Tallis Lane JJ.A. TERRY BRIAN STEFIUK APPELLANT (Applicant) and TRINA STELLA PLANEDIN (formerly Stefiuk) RESPONDENT (Petitioner) COUNSEL: Mr. Richard A. Mayer for the Appellant Written submission filed by the Respondent wi... | The father was ordered to pay child support of $200 per month in 1992. He was laid off his employment in 1996 and ceased support payments. His common law spouse died suddenly in 1997 and he has remained the sole care and support for their mentally handicapped child. He appealed the dismissal of his application in March... | 5_2002skca80.txt |
83 | NOVA SCOTIA COURT OF APPEAL Citation: Murphy v. Wulkowicz, 2005 NSCA 147 Date: 20051123 Docket: CA 217527 Registry: Halifax Between: Martha A. Murphy v. Robert M. Wulkowicz Respondent Judge(s): MacDonald, C.J.N.S., Freeman and Fichaud, JJ.A. Appeal Heard: September 30, 2005 in Halifax, Nova Scotia Held: Appeal and cros... | The parties separated shortly after relocating from the United States to Nova Scotia. As part of the divorce, the Supreme Court ordered a division of assets. Both parties appealed the asset division; in the process, both parties sought to introduce fresh evidence. The wife also questioned the level of assistance offere... | c_2005nsca147.txt |
84 | Editor’s Note: Corrigendum released March 19, 2010. Original judgment has been corrected with text of corrigendum appended. QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2009 SKQB 475 Date: 2009 12 08 Docket: QBCNJ No. of 2008 Judicial Centre: Regina BETWEEN: HER MAJESTY THE QUEEN and RYAN JOSEPH CAMERON SCOTT W. KADASH Cou... | The two accused entered a guilty plea to committing an assault causing bodily harm contrary to s. 267(b) of the Criminal Code. HELD: A fine plus a probation order with strict condition can accomplish the principles of sentencing. Each accused is fined $1,500 with a probation order for two years. Corrigendum received da... | 7_2009skqb475.txt |
85 | 2000 SKQB 579 Q.B.G. A.D. 1999 No. 2019 J.C.S. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF SASKATOON BETWEEN: 598772 SASKATCHEWAN LTD. and HARMON INTERNATIONAL INDUSTRIES INC. DEFENDANT G.A. Richards for the plaintiff D.G. Gerecke for the defendant FIAT D.H. WRIGHT J. December 15, 2000 [1] 598772 Saskatchewan Ltd. applies ... | FIAT. The numbered company applied for relief pursuant to the Queen's Bench Act s.81(1) allowing the court to direct the judgment to be paid by installments. The creditor objected that the applicant had plenty of opportunity over the years to pay and drew attention to prior allegations of mismanagement or redirection o... | 3_2000skqb579.txt |
86 | nan CANADA S.K. No. 2364 PROVINCE OF NOVA SCOTIA IN THE SUPREME COURT OF NOVA SCOTIA TRIAL DIVISION BETWEEN: FARM CREDIT CORPORATION, body corporate and W. BRUCE GILLIS, Barrister and Solicitor nan HEARD BEFORE: The Honourable Mr. Justice K. P. Richard PLACE HEARD: Halifax, Nova Scotia DATES HEARD: December 4, 5, 1989 ... | 55/45. In an action for professional negligence against a solicitor for failing to obtain specific security requested in written instructions, the plaintiff renegotiated the deal and no longer insisted upon receiving the specific security. That the plaintiff was estopped from exercising any rights against the solicitor... | e_1989canlii1475.txt |
87 | J. SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Pellicer v. Williams 2012 NSSC 359 Date: 20121019 Docket: 1201-063597 Registry: Halifax Between: Rocio (Williams) Pellicer and Paul Edward Williams Respondent LIBRARY HEADING Judge: The Honourable Associate Chief Justice Lawrence I. O’Neil Submissions: Written... | Rule 77.01 – Scope of Rule 77 This is a costs decision following litigation between the mother and father regarding apportionment of custody and access rights, quantification of child support and special expenses for the parties' children. The mother was the successful party and income was imputed by the court to the r... | 2_2012nssc359.txt |
88 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2010 SKQB 402 Date: 2010 10 27 Docket: Q.B. 3159 of 1999 Judicial Centre: Regina BETWEEN: McDIARMID LUMBER LTD. PLAINTIFF (RESPONDENT) and OCHAPOWACE FIRST NATION DEFENDANT (APPLICANT) Counsel: Philip J. Gallet for the plaintiff (respondent) Mervin C. Phillips for the defendant ... | The defendant applied for dismissal of the plaintiff's claim for want of prosecution. The claim was issued November 1, 1999 and is based in debt for goods and services provided to the defendant. The value of the claim is $521,283.99 and refers to provision of materials, products and services in 1995 and 1996. The state... | 2_2010skqb402.txt |
89 | J. 1999 SKQB 178 A.D. 1997 No. 639 J.C.S. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF SASKATOON RESPONDENT K. Seto Davis for the petitioner [R.C.D.] on his own behalf JUDGMENT WILKINSON J. November 10, 1999 [1] Although custody was the most conspicuous issue in this proceeding, there are questions of ... | Custody, child support and division of matrimonial property were in dispute. The mother was awarded interim custody of the three children in 1997. The father was ordered to pay child support of $405 per month but had made only one voluntary payment of $100. He agreed to abandon his appeal of the order for sale of the m... | c_1999skqb178.txt |
90 | J. 2003 SKQB 481 Q.B.G. A.D. 2003 No. 1063 J.C.S. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF SASKATOON BETWEEN: THE UNITED STATES OF AMERICA, as represented by the Attorney General of Canada and ANDEL GRIFFITHS, a.k.a., MICHAEL CAMPBELL, MICHAEL GREEN AND ANDY GRIFFITHS, RESPONDENT H.H. Dahlem, Q.C. for The United States ... | The United States of America sought to extradite the respondent to face a charge of conspiracy to import into the USA a substance containing cocaine. The USA brought a motion to set a date for the extradition hearing. The respondent brought a motion requesting further disclosure and alleged that the USA had not disclos... | 9_2003skqb481.txt |
91 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2007 SKQB 99 Date: 2007 03 14 Docket: DIV. No. 07124/2005 Judicial Centre: Prince Albert, Family Law Division BETWEEN: CORY WADE PATRICK, Petitioner (Respondent by Counterpetition) and LOUISE VALERIE PROULX PATRICK, Respondent (Petitioner by Counterpetition) Counsel: Dale N. Ble... | This judgment dealt with divorce and division of family property. At issue was the value of the matrimonial home and the balance of family property. HELD: Decree of divorce issued. Valuations of the family home and property were made, and exemptions and equitable considerations were addressed. Equalization payments wer... | 2_2007skqb99.txt |
92 | Q.B. No. 03705 J.C. R. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF REGINA BETWEEN: PATRICIA MARGARET PEARSON RESPONDENT (PETITIONER and GLEN MARTIN PEARSON APPLICANT (RESPONDENT) Jeffrey G. Brick for the respondent (petitioner) Hal B. Wellsch for the applicant (respondent) FIAT ZARZECZNY J. May 19, 20... | FIAT. The husband seeks to vary the spousal support provisions of the parties' 1975 separation agreement. This agreement held that the sum of $550 (adjusted for inflation) is to be paid to the wife until she dies or remarries, whichever comes first. The applicant paid this amount (except for a unilateral deduction in 1... | c_2000skqb232.txt |
93 | QUEEN’S BENCH FOR SASKATCHEWAN 2017 SKQB 144 Date: 2017 05 18 Docket: QBG 254 of 2016 Judicial Centre: Battleford BETWEEN: NICOLE PORTERFIELD and RONI MARIE PIROT and RONALD MICHAEL PIROT and MICHAEL PIROT Counsel: Justin M. Luddington for the applicants Paula Bittman for the respondents DECISION MESCHISHNICK J. May 18... | HELD: The application was granted. The court ordered that the property be sold and the proceeds of sale take into account the amount necessary to protect the respondent father’s claim. The Partition Act, 1868 applies in the province. It did not allow the equitable principles of unjust enrichment and constructive trust ... | c_2017skqb144.txt |
94 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2017 SKQB 53 Date: 2017 01 03 Docket: CRM 100 of 2016 Judicial Centre: Regina BETWEEN: HER MAJESTY THE QUEEN and DEAN FRANKLIN LOMMERSE Restriction on Publication: There is court order prohibiting the publication or broadcast of any evidence tendered or submissions made in this ... | The accused was charged with the commission of sexual assault, sexual touching in relation to a 16-year-old and possession of child pornography. The accused came to police attention via a report by the complainant. She reported that the accused was often viewing a pornographic website while in her presence. The police ... | 8_2017skqb53.txt |
95 | nan THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2010 SKCA 79 Date: 20100610 Between: Docket: 1598 Her Majesty the Queen and David Raymond Horkoff Coram: Gerwing, Jackson and Richards JJ.A. Counsel: Douglas G. Curliss for the Crown Hans J. Doehring for the Appellant Appeal: From: Q.B. No. 2039 of 2007, Judicial Centr... | The RCMP conducted search of farmland near Canora. They were also shown pictures of the accused who was likely driving white Tempo. The search revealed marijuana grow-op. The accused was later seen by officers driving. The officers chased the Tempo for 41 kms, but the vehicle was driven into the ditch, and the driver e... | e_2010skca79.txt |
96 | C.A.C. No. 123233 NOVA SCOTIA COURT OF APPEAL Pugsley, Bateman and Flinn, JJ.A. BETWEEN: KEVIN RILEY and HER MAJESTY THE QUEEN Respondent Louis M. Walsh for the Appellant William D. Delaney for the Respondent Appeal Heard: March 19, 1996 Judgment Delivered: May 10, 1996 THE COURT: Appeal allowed per reasons for judgmen... | The appellant appealed his sentence of five months in prison to be followed by 18 months probation following his plea of guilty to the theft of his grandmother's car. Crown counsel acknowledged that this type of case would generally attract a suspended sentence with probation but for negative information in the pre-sen... | c_1996canlii5615.txt |
97 | QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2007 SKQB 28 Date: 2007 01 19 Docket: Q.B. 153/2005 Judicial Centre: Estevan BETWEEN: JASON SHIRE and HER MAJESTY THE QUEEN Counsel: David G. Kreklewich for the respondent Jeff Kalmakoff for the appellant JUDGMENT HUNTER J. January 19, 2007 [1] The respondent, Jason Shire (“Shir... | The respondent was charged with impaired driving contrary to s. 253(a) of the Criminal Code and driving while over .08, contrary to s. 253(b) of the Code. The Crown appeals the acquittal on the charge under s. 253(b) of the Code. At trial the Crown argued that, prior to searching the vehicle and having close contact wi... | 7_2007skqb28.txt |
98 | S.C.A. No. 02548 IN THE SUPREME COURT OF NOVA SCOTIA APPEAL DIVISION Clarke, C.J.N.S.; Hallett and Chipman, JJ.A. BETWEEN: STEPHEN LEWIS JENKINS and CHERYL ANN JENKINS Respondent Darrell E. Dexter and M. Jean Beeler for the Appellant Deborah I. Kitson‑Conrad for the Respondent Appeal Heard: April 14, 1992 Judgment Deli... | The trial judge's decision fixing a retroactive effective date for child support was also upheld as there was no error on the part of the trial judge in fixing the date.,the Appeal Division upheld the trial judge's decision which did not include in the division of matrimonial assets a bank account held in the wife's na... | 7_1992canlii2622.txt |
99 | 16. 2002 SKQB 54 D.I.V. A.D. 1999 No. 02777 J.C. Y. IN THE QUEEN’S BENCH (FAMILY LAW DIVISION) JUDICIAL CENTRE OF YORKTON BETWEEN: MARTHA KLETTKE and IRVIN ERNEST KLETTKE RESPONDENT C.L. Gattinger for the petitioner G.J. Schmidt for the respondent JUDGMENT MALONE J. February 13, 2002 [1] The petitioner seeks an order f... | The wife sought an order for equal distribution of matrimonial property. They married in 1988, each for a second time, and separated in 1997. Each had significant assets at the time of the marriage, which had increased in value. They agreed at the time of the marriage to keep their assets separate and to not make a cla... | 3_2002skqb54.txt |
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