Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
28068
Clayton Fensom, et al. v. Deryk J. Kendall, et al.
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2002-08-20 | Record returned to the Registrar of the Court of Appeal | |
| 2002-07-24 | Payment out cheque issued, (cheque # 275202862572 in the amount of $519.99 issued to Saskatchewan Government Insurance) | |
| 2002-07-12 | Approved order for payment out, (Sent to Finance on July 15, 2002) | |
| 2002-06-13 | Appeal closed | |
| 2002-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-05-27 | Copy of formal judgment being prepared | |
| 2002-05-24 | Notice of deposit of judgment sent to all parties | |
| 2002-05-23 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi LeB, The appeal is allowed and the judgment of the Saskatchewan Court of Appeal is set aside. The stated question is answered by finding that s. 88(1) of the Saskatchewan Highway Traffic Act applies to the plaintiff's case against the appellants Fensom and Trailways Transportation Group Inc. The appellants will have their costs in this Court and in the courts below. Allowed, costs in this Court and courts below |
|
| 2002-02-20 | Transcript received, 26 pages | |
| 2002-02-18 | Judgment reserved OR rendered with reasons to follow | |
| 2002-02-18 |
Hearing of the appeal, 2002-02-18, (V016), CJ G Ia Ma Ba Bi LeB Judgment reserved |
|
| 2002-02-18 | Acknowledgement and consent for video taping of proceedings | |
| 2002-02-14 | Correspondence received from, D. Attwater dated Feb. 14, 2002 re: enclosing copies of the correct case under Tab 5 of Authorities | Deryk J. Kendall |
| 2002-02-11 | Notice of appearance | Deryk J. Kendall |
| 2001-12-13 | Notice of hearing | Clayton Fensom |
| 2001-12-04 |
Appeal hearing scheduled, 2002-02-18 Judgment reserved |
|
| 2001-08-29 | Appeal perfected for hearing, Session beginning on 2002-01-14 | |
| 2001-08-27 | Respondent's book of authorities, Completed on: 2001-08-27 | Deryk J. Kendall |
| 2001-08-27 | Respondent's factum, Completed on: 2001-08-27 | Deryk J. Kendall |
| 2001-07-11 | Appeal court record, (1 envelope) | |
| 2001-07-04 | Appellant's book of authorities, Completed on: 2001-07-04 | Clayton Fensom |
| 2001-07-04 | Appellant's factum, Completed on: 2001-07-04 | Clayton Fensom |
| 2001-06-21 | Appellant's record, Completed on: 2001-06-21 | Clayton Fensom |
| 2001-03-07 | Letter acknowledging receipt of notice of appeal | |
| 2001-03-06 | Notice of deposit for security | Clayton Fensom |
| 2001-03-06 | Notice of appeal, Completed on: 2001-03-06 | Clayton Fensom |
| 2001-03-05 | Order granting leave to appeal | |
| 2001-02-16 | Notice of deposit of judgment issued to all parties | |
| 2001-02-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2001-01-22 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2000-09-13 | Respondent's response on the application for leave to appeal, (1 copy - letter form / book form requested)(book form received on Sept. 13, 2000), Completed on: 2000-09-12 | Deryk J. Kendall |
| 2000-08-31 |
Decision on motion to extend time to file and /or serve the leave application, LeB, to August 16, 2000. Granted, no order as to costs |
|
| 2000-08-31 | Submission of motion to extend time to file and/ or serve the leave application, LeB | |
| 2000-08-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-08-25 | Motion to extend the time to file and or serve the application for leave to appeal, to Aug. 16, 2000 - 1 copy, Completed on: 2000-08-25 | Clayton Fensom |
| 2000-08-24 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from T. Schonhoffer dated Aug. 23, 2000 (fax copy), Completed on: 2000-08-24 | Deryk J. Kendall |
| 2000-08-16 | Application for leave to appeal, 6 copies, Completed on: 2000-08-16 | Clayton Fensom |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Fensom, Clayton | Appellant | Active |
| Trailways Transportation Group Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kendall, Deryk J. | Respondent | Active |
| Grant A. Richards, Darren T. Hagen, Randy K. Katzman, D. Roger Arnold, Greg M. Kuse, Robert H. Goodman, Jay D. Watson and F. Neil Turcott, operating a partnership under the name of Cuelenaere, Kendall, Katzman & Richards, and Ronald Miller | Respondent | Active |
Counsel
Party: Fensom, Clayton
Counsel
K. A. Lerner
Donald Phillips
14th Floor
2260 - 11th Avenue
Regina, Saskatchewan
S4P 0J9
Telephone: (306) 775-6300
FAX: (306) 352-0933
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Trailways Transportation Group Inc.
Counsel
K. A. Lerner
Donald Phillips
14th Floor
2260 - 11th Avenue
Regina, Saskatchewan
S4P 0J9
Telephone: (306) 775-6300
FAX: (306) 352-0933
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Kendall, Deryk J.
Counsel
1100 - 2500 Victoria Avenue
Regina, Saskatchewan
S4P 3X2
Telephone: (306) 569-8242
FAX: (306) 352-2989
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Grant A. Richards, Darren T. Hagen, Randy K. Katzman, D. Roger Arnold, Greg M. Kuse, Robert H. Goodman, Jay D. Watson and F. Neil Turcott, operating a partnership under the name of Cuelenaere, Kendall, Katzman & Richards, and Ronald Miller
Counsel
1100 - 2500 Victoria Avenue
Regina, Saskatchewan
S4P 3X2
Telephone: (306) 569-8242
FAX: (306) 352-2989
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
922/96
Action statute-barred: the limitation period of The Highway Traffic Act should be applied.
Court of Appeal for Saskatchewan
3470
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available