Case information
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29070
Phil Lajeunesse, operating as "Prince Albert Northern Bus Repair" (Northern Bus Repair Centre Inc.) v. Wahpeton Dakota First Nation, 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) |
|---|---|---|
| 2002-06-26 | Close file on Leave | |
| 2002-06-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2002-05-24 | Copy of formal judgment on leave being prepared | |
| 2002-05-24 | Notice of deposit of judgment issued to all parties | |
| 2002-05-23 |
Judgment of the Court on the application for leave to appeal Dismissed, with costs |
|
| 2002-04-30 | Order issued on motion for a stay of execution, (by LeBel J.) | |
| 2002-04-30 |
Decision on the motion for a stay of execution, LeB, The applicant Phil Lajeunesse has applied for leave to appeal from a judgment of the Saskatchewan Court of Appeal dated February 25, 2002. This judgment upheld a judgment of the Court of Queen's Bench of March 23, 2001 which ordered the applicant to return to the respondents the school buses which were withheld under the Garage Keeper's Act, R.R.S. 1978 c. G2, which belonged to the respondent Waditika, a status Indian, and which were used to transport school children living on an Indian reserve. The applicant was granted a temporary stay for thirty days by Justice Tallis, J.C.A. of the Saskatchewan Court of Appeal in order to file a motion for leave to appeal and is now petitioning for a further stay, pending disposition of the motion for leave to appeal. The respondents object to the granting of a further stay. After a review of the application and material filed in its support and in response to it, it appears this is a case where a further stay should be granted. The legal issues seem of significant importance and do not seem to have been addressed directly until now by our Court. Moreover, the central issue in this case is the validity of the security interest claimed by the applicant. The denial of a stay would deprive the applicant of the only security he appears to hold for the alleged indebtedness and might render the appeal moot. Moreover, at this stage, the balance of convenience favors the applicant. For these reasons, it is ordered that the execution of the Judgment of the Saskatchewan Court of Appeal be stayed until the disposition of the motion for leave to appeal, costs to follow. Granted, with costs in the cause |
|
| 2002-04-30 | Submission of motion for a stay of execution, LeB | |
| 2002-04-29 | All materials on application for leave submitted to the Judges, G Ma LeB | |
| 2002-04-26 | Reply to motion for a stay of execution, book form (proof of service received May 2, 2002 - book form), Completed on: 2002-04-26 | Phil Lajeunesse, operating as "Prince Albert Northern Bus Repair" (Northern Bus Repair Centre Inc.) |
| 2002-04-23 | Response to the motion for a stay of execution, 3 copies - book form, Completed on: 2002-04-26 | Wahpeton Dakota First Nation |
| 2002-04-23 | Respondent's response on the application for leave to appeal, Incomplete | Wahpeton Dakota First Nation |
| 2002-04-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-03-28 | Application for leave to appeal, (2 judgments of C.A. not signed)(copies of signed judgments received on April 16, 2002), Completed on: 2002-04-17 | Phil Lajeunesse, operating as "Prince Albert Northern Bus Repair" (Northern Bus Repair Centre Inc.) |
| 2002-03-28 | Motion for a stay of execution, book form, Completed on: 2002-03-28 | Phil Lajeunesse, operating as "Prince Albert Northern Bus Repair" (Northern Bus Repair Centre Inc.) |
| 2002-02-26 | Notice of application for leave to appeal, (sent by fax) | Phil Lajeunesse, operating as "Prince Albert Northern Bus Repair" (Northern Bus Repair Centre Inc.) |
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 |
|---|---|---|
| Phil Lajeunesse, operating as "Prince Albert Northern Bus Repair" (Northern Bus Repair Centre Inc.) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Wahpeton Dakota First Nation | Respondent | Active |
| Waditaka, Lorne | Respondent | Active |
Counsel
Party: Phil Lajeunesse, operating as "Prince Albert Northern Bus Repair" (Northern Bus Repair Centre Inc.)
Counsel
101 - 88, 13TH ST E
PRINCE ALBERT, Saskatchewan
S6V 1C6
Telephone: (306) 763-7441
Party: Wahpeton Dakota First Nation
Counsel
210-335 Packham Ave
Saskatoon, Saskatchewan
S7N 4S1
Telephone: (306) 477-8897
FAX: (306) 477-8896
Email: dwayne.s@home.com
Party: Waditaka, Lorne
Counsel
210-335 Packham Ave
Saskatoon, Saskatchewan
S7N 4S1
Telephone: (306) 477-8897
FAX: (306) 477-8896
Email: dwayne.s@home.com
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
2001 SKQB 146
Applicant's seizure of school buses declared unlawful and contrary to s. 89 of the Indian Act; Applicant ordered to return the buses to Respondent
Court of Appeal for Saskatchewan
306
Appeal dimissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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