Case information
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41304
James Mann, et al. v. Farm Credit Canada, et al.
(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) |
|---|---|---|
| 2024-12-06 | Close file on Leave | |
| 2024-12-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-05 | Judgment on leave sent to the parties | |
| 2024-12-05 |
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 CACV4360, dated May 13, 2024, is quashed pursuant to s. 44 of the Supreme Court Act. Quashed |
|
| 2024-10-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-08-01 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-08-02) | Farm Credit Canada |
| 2024-08-01 | Notice of name, (Letter Form), (Printed version filed on 2024-08-02) | Farm Credit Canada |
| 2024-08-01 | Respondent's response on the application for leave to appeal, (Book Form), Missing proof of service (Rec'd 2024-08-20), Completed on: 2024-08-01, (Printed version filed on 2024-08-02) | Farm Credit Canada |
| 2024-06-28 | Supplemental document, (Letter Form) | James Mann |
| 2024-06-28 | Certificate (on limitations to public access), (Letter Form), 23B | James Mann |
| 2024-06-28 | Certificate (on limitations to public access), (Letter Form), 23A | James Mann |
| 2024-05-31 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 05-31-2024 | |
| 2024-05-23 |
Application for leave to appeal, (Book Form), Proof of Service- (Rec'd 24-07-16) Contact information- (Rec'd 24-06-28) Style of Cause - Clarification-(Rec'd 24-06-28) Public Access Form-(Rec'd 24-06-28) , Completed on: 2024-07-22 |
James Mann |
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 |
|---|---|---|
| Mann, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Farm Credit Canada | Respondent | Active |
| 101258391 Saskatchewan Ltd. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Mann, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Farm Credit Canada | Respondent | Active |
| 101258391 Saskatchewan Ltd. | Respondent | Active |
| Lay, Terry | Respondent | Active |
Counsel
Party: Mann, James
This party is not represented by counsel.
Party: Farm Credit Canada
Counsel
2103 11th Avenue, 6th floor
Bank of Montreal Building
Regina, Saskatchewan
S4P 3Z8
Telephone: (306) 347-8338
FAX: (306) 347-8350
Email: rvanbeselaere@millerthomson.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: 101258391 Saskatchewan Ltd.
This party is not represented by counsel.
Party: Lay, Terry
This party is not represented by counsel.
Summary
Keywords
Judgments and orders — Stay of execution — Foreclosure injunction — Applications regarding foreclosure action and seeking injunction preventing sale of lands dismissed — Sale of lands confirmed to third-party bidder — Whether lower courts erred in their reasoning and decisions — Whether application for leave to appeal raises issue of national importance.
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.
This case stems from a foreclosure action arising out of the respondent, Farm Credit Canada’s enforcement of a mortgage against farmlands. There was a judicial sale of farmlands conducted by way of auction. The applicant, Mr. Mann submitted the highest bid, but did not provide the deposit required by the terms of the auction. The second highest bid in the auction was accepted. Mr. Mann brought two applications; one regarding the foreclosure action and a second seeking an injunction preventing Farm Credit from selling the lands. Farm Credit also brought an action to have the sale confirmed to the third-party bidder.
Keene J. dismissed both of Mr. Mann’s applications and granted Farm Credit’s application. The Court of Appeal dismissed the appeal.
Lower court rulings
Court of King's Bench for Saskatchewan
KBG-SC-00057-2023, QBG-SC-00144-2021
Judicial sale of farmlands confirmed; Mr. Mann’s request for injunctive relief preventing the sale denied; and no relief granted in application asserting interest in farmland as mandatory mediation had not yet occurred.
Court of Appeal for Saskatchewan
CACV4360
Application seeking an order staying execution of order confirming sale, 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
Not available