Case information
Consult our database for details on a Supreme Court of Canada case.
40670
Claude Bouvier v. Jo-Ann Bouvier
(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) |
|---|---|---|
| 2023-08-10 | Close file on Leave | |
| 2023-08-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-10 | Judgment on leave sent to the parties | |
| 2023-08-10 |
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 CACV3949, 2023 SKCA 17, dated January 31, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-07-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-21 | Certificate (on limitations to public access), Form 23A | Jo-Ann Bouvier |
| 2023-04-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-01, (Printed version due on 2023-04-28) | Jo-Ann Bouvier |
| 2023-04-03 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on April 3rd 2023 | |
| 2023-04-03 | Certificate (on limitations to public access), (Printed version due on 2023-04-12) | Claude Bouvier |
| 2023-03-31 | Application for leave to appeal, (Book Form), Missing paper copies, Completed on: 2023-04-03, (Printed version filed on 2023-03-31) | Claude Bouvier |
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 |
|---|---|---|
| Bouvier, Claude | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bouvier, Jo-Ann | Respondent | Active |
Counsel
Party: Bouvier, Claude
Counsel
2510-13 Avenue
Regina, Saskatchewan
S4P 0W2
Telephone: (306) 359-5444
FAX: (306) 525-2006
Email: danish@butzlaw.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Bouvier, Jo-Ann
Counsel
51-1st Avenue NW
Swift Current, Saskatchewan
S9H 0M5
Telephone: (306) 773-2891
FAX: (306) 778-3364
Email: jjordaan@andlaw.ca
Summary
Keywords
Family law — Family assets — Division — Did the Court of Appeal misapply the doctrine of res judicata? — Did the Court of Appeal misapply double recovery, granting pursuit of income that was previously divided in equity?
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, Ms. Bouvier, was granted an unequal distribution of the family property, and the marriage was dissolved. Ms. Bouvier brought an application requesting that the applicant, Mr. Bouvier, provide an accounting of all rental and other income received from the farm land. The chambers judge held that Ms. Bouvier’s action should be struck on the basis that the issue of post-order income was res judicata. The Court of Appeal concluded that the chambers judge erred in his application of the doctrine of res judicata and allowed Ms. Bouvier’s appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2021 SKQB 303, QBG 78 of 2021
Respondent’s application requesting that the applicant provide an accounting of all rental and other income received from farm land dismissed
Court of Appeal for Saskatchewan
2023 SKCA 17, CACV3949
Respondent’s appeal allowed with costs
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