Maureen Storey - v. -, 2011 SKPC 68

IN THE PROVINCIAL COURT OF SASKATCHEWAN CIVIL DIVISION Citation: 2011 SKPC 068 Date: April 28, 2011 File: SC#175 of 2008 Location: Saskatoon _____________________________________________________________________________ Between: Maureen Storey - and - R.M. Corman Park Self For the Plaintiff Mike Morris and Tammy Knuttila For the Defendant _____________________________________________________________________________ FIAT R.D. JACKSON , J _____________________________________________________________________________ [ 1 ] This action is discontinued pursuant to s. 344(1) of The Municipalities Act, S.S.

Chapter M - 36 .1 which reads: 344(1) Notwithstanding The Limitations Act , no action is to be brought against a municipality for the recovery of damages after the

expiration of one year from the time when the damages were sustained, and no such action is to be continued unless service of the Statement of Claim is made within that one-year period. [ 2 ] In this case, the loss was sustained April 17, 2007 and the subsequent claim issued April 9, 2008. However, as evidenced by the Affidavit of Service, the claim was not served upon the municipality until August 12, 2008, some four months later (also confirmed by the municipality). Accordingly, in the circumstances, continuation of the proceedings is statute-barred. Dated at Saskatoon, Saskatchewan this 28 th day of April, 2011. _______________________________ R.D. Jackson, J