Case information
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40282
Eng Ly v. City of Regina
(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) |
|---|---|---|
| 2024-02-22 | Close file on Leave | |
| 2024-02-22 |
General proceeding, Motion for Reconsideration MISSING: Notice of Motion and Proof of Service |
Eng Ly |
| 2023-03-20 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2022-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-15 | Judgment on leave sent to the parties | |
| 2022-12-15 |
Judgment of the Court on the application for leave to appeal, The miscellaneous motion is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV3811, dated September 9, 2021, is dismissed. Dismissed |
|
| 2022-12-15 |
Decision on the miscellaneous motion, See decision on application Dismissed |
|
| 2022-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-14 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-07-13 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 07/13/2022 | |
| 2022-07-11 | Notice of miscellaneous motion, (Book Form), Motion to Move Case to Public Interest Standing and Possible Ruling without Hearing, Completed on: 2022-07-13 | Eng Ly |
| 2021-11-08 | Certificate (on limitations to public access), (Letter Form) | Eng Ly |
| 2021-11-08 |
Application for leave to appeal, (Book Form), require: - CA order (rec'd 2022-07-21, re-rec'd 2022-07-25) received: - TC judgment (rec'd 2022-07-20, re-rec'd 2022-07-21, re-rec'd 2022-07-25) - CA judgment (rec'd 2022-07-20, re-rec'd 2022-07-21, re-rec'd 2022-07-25) - Draft CA order (rec'd 2022-07-20) - Formal order form (rec'd 2022-07-20, re-rec'd 2022-07-21, re-rec'd 2022-07-25), Completed on: 2022-07-25 |
Eng Ly |
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 |
|---|---|---|
| Ly, Eng | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Regina | Respondent | Active |
Counsel
Party: Ly, Eng
This party is not represented by counsel.
Party: City of Regina
Counsel
2476 Victoria Avenue
Regina, Saskatchewan
S4P 3C8
Telephone: (306) 777-7017
FAX: (306) 777-6818
Email: ccliffor@regina.ca
Summary
Keywords
Canadian Charter of Rights and Freedoms — Civil procedure — Appeals — Application to extend time to appeal —Municipal law — By-laws — Non-compliance with City nuisance by-law — Claim for damages for trespass and items removed from property — Action dismissed and application to extend time to appeal trial decision dismissed — Whether application for leave to appeal raises issues of national or public importance — Whether lower courts erred in reasoning and decisions.
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 respondent City received complaints about the applicant’s backyard which lead to the City issuing an Order to Comply requiring removal of specified items. The City eventually enforced the order itself and cleaned the backyard. The applicant brought an action against the City for trespass and $55 million in damages for throwing away his inventions while cleaning up his backyard.
The trial judge dismissed the action against the City. The Court of Appeal dismissed the application to extend time to appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2021 SKQB 80, QBG 3246 of 2018
Action against City dismissed.
Court of Appeal for Saskatchewan
CACV3811
Application to extend time to 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 613‑996‑7933 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
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 613‑996‑7933 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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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