Docket

39567

Tiffany Jo Kreke v. Amro Abdullah M Alansari

(Saskatchewan) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2021-12-29 Transcript received, 170 pages - Day 1
80 pages - Day 2
2021-12-21 Appeal closed
2021-12-02 Formal judgment sent to the registrar of the court of appeal and all parties
2021-12-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-12-02 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers CACV3448 and CACV3466, 2020 SKCA 122, dated October 28, 2020, was heard on December 1 and 2, 2021, and the Court on December 2, 2021, delivered the following judgment orally:

THE CHIEF JUSTICE — Even if the fresh evidence were admitted, a majority of this Court is of the view that there was no reviewable error made by the trial judge.

Therefore, the appeal is allowed and the trial judge’s orders dated July 4, 2019, and July 17, 2019, are restored with costs throughout.

Justice Côté, dissenting, would have dismissed the appeal on the ground that it is moot since she would have admitted the fresh evidence, and in light of this, would remand the matter to the Court of Queen’s Bench.
Allowed, with costs
2021-12-02 Hearing of the appeal, 2021-12-01, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment rendered
2021-11-29 Appellant's condensed book, (Book Form), (Printed version filed on 2021-11-30) Tiffany Jo Kreke
2021-11-29 Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-29) Amro Abdullah M Alansari
2021-11-25 Correspondence received from, (Letter Form), Appellant, submission sought by way of direction of the Court on November 19, 2021., (Printed version filed on 2021-11-30) Tiffany Jo Kreke
2021-11-25 Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing
2021-11-24 Correspondence received from, (Book Form), Respondent, submission sought by way of direction of the Court on November 19, 2021., (Printed version filed on 2021-11-24) Amro Abdullah M Alansari
2021-11-19 Correspondence sent to all Counsel by Deputy Registrar, Re: CJ requests submissions by 2021-11-24 (sent to all parties electronically)
2021-11-18 Response to the motion to adduce new evidence, (Letter Form), Affidavit to support the response for the motion rec'd 2021-11-18, Completed on: 2021-11-18, (Printed version filed on 2021-11-23) Tiffany Jo Kreke
2021-11-08 Motion to adduce new evidence, (Letter Form), Missing: Filing Fee (rec' 11/19/21), Completed on: 2021-11-29, (Printed version filed on 2021-11-08) Amro Abdullah M Alansari
2021-11-08 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2021-11-16) Amro Abdullah M Alansari
2021-11-08 Respondent's record, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-08) Amro Abdullah M Alansari
2021-11-08 Respondent's factum, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-08) Amro Abdullah M Alansari
2021-11-05 Notice of appearance, Karina Jackson will appear before the Court and will present oral argument. Tiffany Jo Kreke
2021-11-04 Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction from the Acting Registrar, relating to the December hearings
2021-11-02 Notice of appearance, Kate Crisp will appear before the Court and will present oral argument. Amro Abdullah M Alansari
2021-10-19 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2021-10-25) Tiffany Jo Kreke
2021-10-05 Order on motion to extend time, DAVID POWER
2021-10-05 Decision on motion to extend time, DeRg, UPON APPLICATION by the appellant for an order extending the time to serve and file her factum and record to September 23, 2021;

AND THE MATERIAL FILED having been read;

AND NOTING the consent of the respondent;

IT IS HEREBY ORDERED THAT:

The motion is granted.
Granted
2021-10-05 Submission of motion to extend time, DeRg
2021-09-27 Response to motion to extend time, Completed on: 2021-10-04 Amro Abdullah M Alansari
2021-09-23 Certificate (on limitations to public access), (Letter Form), 23A, (Electronic version due on 2021-10-01) Tiffany Jo Kreke
2021-09-23 Appellant's record, (Book Form), (10 volumes), REQUIRED:
24A (rec'd 2021-10-19), Completed on: 2021-10-20, (Printed version filed on 2021-09-29)
Tiffany Jo Kreke
2021-09-23 Appellant's factum, (Book Form), Completed on: 2021-10-14, (Printed version filed on 2021-09-29) Tiffany Jo Kreke
2021-09-23 Motion to extend time, (Letter Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-10-01) Tiffany Jo Kreke
2021-07-19 Notice of appeal, (Letter Form), Completed on: 2021-08-23, (Printed version filed on 2021-07-21) Tiffany Jo Kreke
2021-07-13 Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar. (Revised letter sent on July 14, 2021)

The schedule for serving and filing the material is set as follows:

a) The notice of appeal shall be served and filed on or before July 19, 2021.

b) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before September 13, 2021.

c) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 4, 2021.

d) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 12, 2021.

e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 15, 2021.

f) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 16, 2021.

g) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before November 8, 2021.

h) The appeal is scheduled to be heard on December 1, 2021, and December 2, 2021.
2021-06-28 Appeal hearing scheduled, 2021-12-02, Day 2: For Webcasting Purposes Only
2021-06-28 Notice of hearing sent to parties
2021-06-28 Appeal hearing scheduled, 2021-12-01, Scheduled for December 1, 2021 and December 2, 2021.
Judgment rendered
2021-06-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-06-17 Judgment on leave sent to the parties
2021-06-17 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to join two Court of Appeal for Saskatchewan files in a single application for leave to appeal is granted. The motion to file a lengthy memorandum of argument is granted. The motion to strike by the respondent is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers CACV3448 and CACV3466, 2020 SKCA 122, dated October 28, 2020, is granted with costs in the cause.
Granted, with costs
2021-06-17 Decision on motion to strike out, See decision on application
Dismissed
2021-06-17 Decision on the miscellaneous motion, See decision on application
Granted
2021-06-17 Decision on motion to file a lengthy memorandum of argument, See decision on application

Granted
2021-06-17 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2021-05-03 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-05-03 Submission of motion to strike out, for consideration by the Court
2021-05-03 Submission of miscellaneous motion, for consideration by the Court
2021-05-03 Submission of motion to file a lengthy memorandum of argument, for consideration by the Court
2021-05-03 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2021-04-26 Correspondence received from, Respondent's Agent email received on 2021-04-26 informing the Court that the Respondent takes no position in respect of the motion that the applicant filed dated March 2, 2021 to join the two SKCA files, to file a lengthy memorandum and for an extension of time to file her application for leave to appeal. Amro Abdullah M Alansari
2021-04-12 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-04-19) Amro Abdullah M Alansari
2021-04-12 Motion to strike out, (Book Form), (Included in the respondent's response on the application for leave to appeal), require: filing fee (rec'd 2021-05-04), Completed on: 2021-05-04, (Printed version due on 2021-04-19) Amro Abdullah M Alansari
2021-04-12 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-04-23, (Printed version filed on 2021-04-12) Amro Abdullah M Alansari
2021-03-11 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-03-11
2021-03-04 Motion to file a lengthy memorandum of argument, (Book Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Completed on: 2021-03-11, (Printed version due on 2021-03-11) Tiffany Jo Kreke
2021-03-04 Notice of miscellaneous motion, (Book Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Motion to Join, Completed on: 2021-03-11, (Printed version due on 2021-03-11) Tiffany Jo Kreke
2021-03-04 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-03-11 Tiffany Jo Kreke
2021-02-02 Notice of change of solicitor Amro Abdullah M Alansari
2021-01-29 Letter requesting materials at end of review period; Court file no. not assigned
2021-01-07 Certificate (on limitations to public access), Form 23A Tiffany Jo Kreke
2021-01-07 Application for leave to appeal, (Book Form), Missing:
- Signed CA Order - rec'd 2021-03-04
- Filing fees (rec'd 2021-05-20)
- Motion to file lenghty Memorandum - rec'd 2021-03-04
- Motion for extension of time to file and or serve the application for leave to appeal - rec'd 2021-03-04
- Motion to join - rec'd 2021-03-04, Completed on: 2021-05-05, (Printed version filed on 2021-04-29)
Tiffany Jo Kreke