Case information
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40163
Tracey Joan Abbott, et al. v. Saskatchewan Power Corporation
(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) |
|---|---|---|
| 2022-11-16 | Close file on Leave | |
| 2022-11-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-11-10 | Judgment on leave sent to the parties | |
| 2022-11-10 |
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 CACV3795, 2022 SKCA 23, dated February 18, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-10-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-08 | Notice of name, (Letter Form), (Printed version filed on 2022-06-08) | Saskatchewan Power Corporation |
| 2022-06-08 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-06-08) | Saskatchewan Power Corporation |
| 2022-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-06, (Printed version filed on 2022-06-08) | Saskatchewan Power Corporation |
| 2022-06-06 | Notice of name, (Letter Form), (Printed version filed on 2022-06-13) | Tracey Joan Abbott |
| 2022-06-02 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-04-14 | Affidavit of service - e-filing, (Letter Form), (Printed version due on 2022-04-25) | Tracey Joan Abbott |
| 2022-04-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-04-25) | Tracey Joan Abbott |
| 2022-04-14 |
Application for leave to appeal, (Book Form), Require: - TC Order Rec'd 2022-06-06 - Form 14 Rec'd 2022-06-06 , Completed on: 2022-07-06, (Printed version due on 2022-04-25) |
Tracey Joan Abbott |
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 |
|---|---|---|
| Abbott, Tracey Joan | Applicant | Active |
| Estate of Tracy George Abbott | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saskatchewan Power Corporation | Respondent | Active |
Counsel
Party: Abbott, Tracey Joan
Counsel
321-6th Avenue North
Saskatoon, Saskatchewan
S7K 2S3
Telephone: (306) 652-8833 Ext: 1
FAX: (306) 652-3333
Email: jabrametz@thebarristergroup.ca
Party: Estate of Tracy George Abbott
Counsel
321-6th Avenue North
Saskatoon, Saskatchewan
S7K 2S3
Telephone: (306) 652-8833 Ext: 1
FAX: (306) 652-3333
Email: jabrametz@thebarristergroup.ca
Party: Saskatchewan Power Corporation
Counsel
800-1801 Hamilton Street
Regina, Saskatchewan
S4P 4B4
Telephone: (306) 565-6551
FAX: (306) 565-6565
Email: j.clayards@mckercher.ca
Summary
Keywords
Evidence — Summary Judgment — Action in negligence — Whether, in a summary judgment hearing, reports produced by the Royal Canadian Mounted Police are admissible into evidence as business records pursuant to the Canada Evidence Act, R.S.C. 1985, c. C-5.
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.
Tracy George Abbott was killed while operating his snowmobile, after striking a guy wire attached to a power pole owned by the respondent, Saskatchewan Power Corporation (“SPC”). The applicants, the estate of Tracy George Abbott along with his widow (together “the Abbotts”), brought an action in negligence against SPC.
The Abbotts applied for summary judgment; in dismissing their claim, the Court of Queen’s Bench for Saskatchewan determined that certain documents, including Royal Canadian Mounted Police reports, were inadmissible as evidence because they had not been properly authenticated. The Abbotts appealed the decision and brought a fresh evidence application before the Court of Appeal for Saskatchewan. The Court of Appeal dismissed the application and the appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2021 SKQB 49, QBG 453/12
Applicants’ claim dismissed
Court of Appeal for Saskatchewan
2022 SKCA 23, CACV3795
Applicants’ appeal and fresh evidence application 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