Case information
Consult our database for details on a Supreme Court of Canada case.
39204
Venture Construction Inc. v. Government of Saskatchewan (Ministry of Highways and Infrastructure)
(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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-10-30 | Judgment on leave sent to the parties | |
| 2020-10-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV3330, 2020 SKCA 39, dated April 7, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2020-09-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-08-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-08-14 | Venture Construction Inc. |
| 2020-08-05 | Certificate (on limitations to public access), (Letter Form) | Government of Saskatchewan (Ministry of Highways and Infrastructure) |
| 2020-08-05 | Notice of name, (Letter Form) | Government of Saskatchewan (Ministry of Highways and Infrastructure) |
| 2020-08-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-08-05 | Government of Saskatchewan (Ministry of Highways and Infrastructure) |
| 2020-06-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 06/10/20 | |
| 2020-06-08 | Certificate (on limitations to public access), (Letter Form) | Venture Construction Inc. |
| 2020-06-08 | Notice of name, (Letter Form) | Venture Construction Inc. |
| 2020-06-08 | Application for leave to appeal, (Book Form), Completed on: 2020-06-08 | Venture Construction 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 |
|---|---|---|
| Venture Construction Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Government of Saskatchewan (Ministry of Highways and Infrastructure) | Respondent | Active |
Counsel
Party: Venture Construction Inc.
Counsel
William G. Lane
1500 - 1881 Scarth Street
Regina, Saskatchewan
S4P 4K9
Telephone: (306) 565-5145
FAX: (306) 359-0785
Email: msawatzky@mcdougallgauley.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Government of Saskatchewan (Ministry of Highways and Infrastructure)
Counsel
Carol Kraft
Legal Services Division, Civil Law Branch
900-1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-8383
FAX: (306) 787-0581
Email: jared.biden@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Limitation of actions — Whether Court of Appeal erred in interpreting and applying s. 6(1)(a) of The Limitations Act, SS 2004, c L 16.1, or in finding that it was appropriate to commence an action as early as May or July 2011?
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.
Saskatchewan’s Ministry of Highways and Infrastructure retained Venture Construction Inc. to perform road construction work. Venture Construction Inc. subcontracted phases of the work and, in May 2011, discovered that some subcontracted work had to be remediated. Venture Construction Inc. completed the remediation work and, in July 2013 it completed the work required by the contract. It submitted a claim to the Ministry for the cost of remediation under an Extra Work provision of the contract. On April 7, 2014, it commenced an action seeking damages for negligence and breach of contract. The Ministry denied the claim under the contract and applied for summary judgment dismissing the action as statute barred by The Limitations Act, SS 2004, c L 16.1. The chambers judge dismissed the motion for summary judgment. The Court of Appeal allowed an appeal and granted summary judgment dismissing the action. It held the action is statute barred by a two year limitations period in The Limitations Act.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2018 SKQB 293, QBG 687 of 2014
Application for summary judgment dismissed
Court of Appeal for Saskatchewan
2020 SKCA 39, CACV3330
Appeal allowed, claim declared statute barred by limitations period, summary judgment dismissing claim granted
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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