Case information
Consult our database for details on a Supreme Court of Canada case.
39595
Robert John Wenkoff v. Ian Wagner, Administrator Pendente Lite of the Estate of the late Robert Rusin Wenkoff
(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) |
|---|---|---|
| 2024-01-26 | Close file on Leave | |
| 2021-07-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-07-15 | Judgment on leave sent to the parties | |
| 2021-07-15 |
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 CACV3559, 2021 SKCA 5, dated January 15, 2021, is dismissed. Dismissed |
|
| 2021-06-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-04-12 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-04-12 |
|
| 2021-03-05 | Certificate (on limitations to public access), Proof of service required. | Robert John Wenkoff |
| 2021-03-05 |
Application for leave to appeal, (Book Form), Missing: - Filling fee (rec'd 2021-05-25) , Completed on: 2021-05-25, (Printed version filed on 2021-03-08) |
Robert John Wenkoff |
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 |
|---|---|---|
| Wenkoff, Robert John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ian Wagner, Administrator Pendente Lite of the Estate of the late Robert Rusin Wenkoff | Respondent | Active |
Counsel
Party: Wenkoff, Robert John
Counsel
Eugene Meehan
500 - 616 Main Street
SASKATOON, Saskatchewan
S7H 0J6
Telephone: (306) 653-2000
FAX: (306) 653-2669
Email: rkennedy@mcdougallgauley.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Ian Wagner, Administrator Pendente Lite of the Estate of the late Robert Rusin Wenkoff
Counsel
1043 8th Street East
Saskatoon
S7H 0S2
Telephone: (306) 343-9581
FAX: (306) 343-1947
Email: davin.burlingham@bclawsk.com
Summary
Keywords
Contracts — Formation — Conditions precedent — Sale of land — When should a court imply a condition to obtain independent legal advice — Should a non contractual recommendation during contract negotiations to obtain independent legal advice operate as a condition precedent and block access to specific performance of a contract — What is the scope of a purchaser’s right to waive a seller’s default in obtaining independent legal advice?
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.
A farmer died intestate with five daughters and one son. The son took the position that his father had entered into an oral agreement to sell the farm to him but died before a written agreement was executed. The son commenced an action seeking a declaration that the agreement was enforceable and obliging the estate to perform the terms of the agreement. The son applied for summary judgment. The applications judge dismissed the action. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
QB 1426 of 2018; 2019 SKQB 325
Action dismissed in summary judgment
Court of Appeal for Saskatchewan
CACV3559 ; 2021 SKCA 5
Appeal 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 613-996-8666 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