Case information
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39960
Dale Richardson v. Kimberley Richardson
(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) |
|---|---|---|
| 2022-05-04 | Close file on Leave | |
| 2022-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-28 | Judgment on leave sent to the parties | |
| 2022-04-28 |
Judgment of the Court on the application for leave to appeal, The miscellaneous motion is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV3745, 2021 SKCA 58, dated April 9, 2021, is dismissed. Dismissed |
|
| 2022-04-28 |
Decision on the miscellaneous motion, See decision on application. Dismissed |
|
| 2022-04-01 | Correspondence received from, (Letter Form), (Printed version due on 2022-04-08) | Dale Richardson |
| 2022-03-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-28 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-03-08 |
Correspondence received from, (Letter Form), Counsel for the respondent confirms 1. No formal / final order was issued 2. The respondent does not consenting to late-filing 3. The respondent is not providing a formal response to the application for leave to appeal but ask to be notified of the proceedings if they move forward., (Printed version due on 2022-03-15) |
Kimberley Richardson |
| 2021-12-23 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2021-12-23 | |
| 2021-10-26 | Supplemental document, (Book Form), (3 volumes), Appendix A | Dale Richardson |
| 2021-10-15 |
Letter from the Registrar to the applicant returning documents, This letter is further to our correspondence of October 1,- 2021 wherein you were informed that your documents had been reviewed, your application for leave to appeal had been accepted for filing, and that your application might not be submitted to the Court until you had provided certain outstanding material. Upon further review, it seems that your application may be premature, and that you could have further avenues to appeal your case before bringing it to the Supreme Court of Canada. As such, your application for leave to appeal cannot be accepted for filing at this time. Section 40 of the Supreme Court Act provides that this Court can hear appeals from “any final or other judgment of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof.” This means that the decision which you want to appeal must be a final judgment that cannot be appealed anywhere but in the Supreme Court of Canada. In light of the preceding paragraph, it is not clear that the judgment which you want to appeal falls within the meaning of s. 40 as explained above. |
|
| 2021-10-04 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-10-04) | Dale Richardson |
| 2021-10-01 | Letter advising parties of an incomplete application for leave to appeal | |
| 2021-04-30 | Supplemental document, (Book Form), (4 volumes), Apppendix A | Dale Richardson |
| 2021-04-30 | Notice of miscellaneous motion, (Book Form), received: printed copy of amended motion (rec'd 2021-10-26), Completed on: 2022-03-08, (Electronic version filed on 2021-04-30) | Dale Richardson |
| 2021-04-30 |
Application for leave to appeal, (Book Form), received: -Signed copy of the CA Judgment dated 2021-04-09 (rec'd 2021-10-04) -Signed copy of the CA Judgment dated 2021-03-08 (rec'd 2021-10-04) -printed copy of amended application, motion (rec'd 2021-10-26) -Amended material containing the correct style of cause pursuant to Rule 22 of the Rules of the Supreme Court of Canada (rec'd 2021-10-26) -Public Access to Information Form (rec'd 2021-10-04), Completed on: 2022-03-10, (Electronic version filed on 2021-04-30) |
Dale Richardson |
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 |
|---|---|---|
| Richardson, Dale | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Richardson, Kimberley | Respondent | Active |
Counsel
Party: Richardson, Dale
This party is not represented by counsel.
Party: Richardson, Kimberley
Counsel
1421 101st Street
Battleford, Saskatchewan
S9A 1A1
Telephone: (306) 445-7300
FAX: (306) 445-7302
Email: reception@matrixlawgroup.ca
Summary
Keywords
Civil procedure — Appeals — Two separate applications seeking various forms of prerogative relief against Court of Queen’s Bench and ex spouse stemming from family law litigation dismissed by Court of Appeal — Whether courts erred in their decisions — Whether application for leave to appeal raises issues of national or public importance.
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.
The parties have been involved in ongoing family proceedings. There have been numerous orders issued below including a chambers decision of the Saskatchewan Court of Queen’s Bench, dated July 23, 2020 and December 11, 2020. The applicant did not file an appeal of the July decision and a motion for an extension of time to do so was eventually dismissed. The applicant filed a notice of appeal of the December decision but never perfected the appeal.
Instead of perfecting the appeal, in February 2021, the applicant filed two applications that were styled as being in relation to his appeal but entitled “Motion for a Writ of Certiorari” and “Ex parte Motion for Writ of Mandamus and Prohibition”. The Court of Appeal described them as “preliminary to an appeal from a chambers decision of a judge of the Court of Queen’s Bench dated December 11, 2020”.
Both applications were dismissed by a single judge of the Court of Appeal. The applicant appealed that order to a panel of three judges, which was also dismissed.
Lower court rulings
Court of Appeal for Saskatchewan
CACV3745
Two separate but related applications seeking various forms of prerogative relief against Court of Queen’s Bench and ex spouse, dismissed.
Court of Appeal for Saskatchewan
2021 SKCA 58, CACV3745
Appeal of Kalmakoff J.A’s order, dismissed.
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