In this case, the Saskatchewan Court of Appeal considered whether a Provincial Court has jurisdiction to summarily determine a point of law that does not dismiss the action entirely, holding that it does not have such jurisdiction.
The issue arose when the appellant brought an action in small claims court against Saskatchewan Government Insurance (SGI) due to their dispute over an automobile accident. SGI argued that the accident was the result of a mechanical failure or breakdown, and, in the alternative, that the claim was brought outside the two-year limitation period in Saskatchewan's Limitations Act. After a preliminary hearing, the Provincial Court judge ruled that the claim was statute barred. The Court of Queen’s Bench reversed that decision and remitted the case back to Provincial Court for a full determination of the remaining issues.
Herauf J.A. allowed the appeal and sent the case back to Provincial Court for a full determination on all the issues, including whether the claim was statute barred. Herauf J.A. held that even if the limitation period issue was decided, liability and damages were still live issues because the action could be decided on the liability issue alone without resorting to the time limitation defence. Provincial Courts only have jurisdiction to decide points of law that dismiss the whole action, and this cannot be the scenario where there are still live issues. Therefore, the Provincial Court did not have jurisdiction to decide the limitation period issue without hearing the liability and damages issues first.
May 25, 2011
Link to Decision
Ryan MacIsaac
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