Case information
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39929
Timothy Barth v. Iffat Ritter
(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) |
|---|---|---|
| 2022-08-30 | Close file on Leave | |
| 2022-08-29 | Reconsideration not accepted for filing, by Registrar (letter sent by email on 2022-08-30) | |
| 2022-08-03 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2022-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-07 | Judgment on leave sent to the parties | |
| 2022-04-07 |
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 CACV3852, dated August 27, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-04-06 |
Motion for reconsideration of the application for leave to appeal, (Book Form), (includes motion to appoint counsel and SCC Leave to Appeal Assistance Project Form) *Under Review, Completed on: 2022-04-28 |
Timothy Barth |
| 2022-02-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-15 | Correspondence received from, Applicant correspondence - 2022-02-08 & 2022-02-15 | Timothy Barth |
| 2022-02-02 | Certificate (on limitations to public access), 23A | Timothy Barth |
| 2022-02-02 | Book of authorities, (Book Form), Authorities - Reply, Completed on: 2022-02-22 | Timothy Barth |
| 2022-02-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-22, (Printed version due on 2022-02-09) | Timothy Barth |
| 2022-01-24 | Correspondence received from | Timothy Barth |
| 2022-01-24 | Certificate (on limitations to public access), 23A, (Printed version filed on 2022-01-24) | Iffat Ritter |
| 2022-01-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-22, (Printed version filed on 2022-01-24) | Iffat Ritter |
| 2021-12-15 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2021-12-15 | |
| 2021-09-03 |
Application for leave to appeal, (Book Form), REQUIRED: - CA and TC orders - amended cover pages - public Access to Information Form (23A rec'd 2022-02-02), Completed on: 2022-02-28, (Printed version due on 2021-09-13) |
Timothy Barth |
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 |
|---|---|---|
| Barth, Timothy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ritter, Iffat | Respondent | Active |
Counsel
Party: Barth, Timothy
This party is not represented by counsel.
Party: Ritter, Iffat
Counsel
James D. Steele
105 21st Street East, Suite 600
Saskatoon, Saskatchewan
S7K 0B3
Telephone: (306) 933-1357
FAX: (306) 652-2445
Email: t.hawryluk@rslaw.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Charter of Rights — Judgments and orders — Summary judgments — Applicant’s action seeking damages against former lawyer struck as frivolous — Does the court have the authority to impose rulings on a person’s rights and freedoms under the Charter without any affective evidence in front of the court if so ruled on by a justice of the court? — Will the Supreme Court of Canada uphold such rulings that fundamentally go against the Charter and what protection will they put in place for the Canadian citizens when such occurrence occurs? — What recourse is to be put in place to compensate such instances when proven by the facts in front of the Supreme Court of Canada, that are mandated in and do not have to be proven again through a court process?
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 applicant brought an action against the respondent, his former lawyer, who acted as legal counsel for him on a family law matter, alleging inter alia, negligence, misrepresentation, malpractice, breach of confidentiality, breach of contract and defamation. Ms. Ritter brought a motion to strike his statement of claim for being frivolous, vexatious and as presenting no reasonable cause of action. She also applied to have Mr. Barth declared a vexatious litigant in the Court of Queen’s Bench. The chambers judge struck Mr. Barth’s action and he was declared a vexatious litigant. The Court of Appeal dismissed Mr. Barth’s application for leave to appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
QBG 102/2019
Applicant’s application to abridge 30 day time limit for assessing bill of fees charged by former lawyer dismissed.
Court of Queen’s Bench of Saskatchewan
QBG 1167/2020
Respondent’s application to strike applicant’s statement of claim granted; applicant declared a vexatious litigant.
Court of Appeal for Saskatchewan
CACV3532
Applicant’s appeal dismissed.
Court of Appeal for Saskatchewan
CACV3852
Applicant’s motion for leave to appeal dismissed.
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.
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
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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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