Docket: CACV2516 Robert Preece Appellant (Defendant) - v. -, 2014 SKCA 63

THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2014 SKCA 63 Date: 2014-06-02 Between: Docket: CACV2516 Robert Preece Appellant (Defendant) - and - David Clements, Tom Morton and Georgina Morton Respondents (Plaintiffs) - and - Government of Saskatchewan Respondent (Third Party) Before: Whitmore J.A. (in Chambers) Counsel: Nicholas Stooshinoff, for the appellant/defendant Bruce Wirth, for the respondents/plaintiffs

Application: From: Q.B. 304 of 2007, J.C. of Battleford Heard: May 26, 2014 Disposition: Motion dismissed Written Reasons: June 2, 2014 By: The Honourable Mr. Justice Whitmore Whitmore J.A. I. Introduction [ 1 ] Robert Preece, the appellant, has appealed the part of the order of the Chamber judge in which the Chamber judge failed to grant the appellant’s application requiring the respondent plaintiffs to make further and better production of documents. [ 2 ] The order appealed from is an interlocutory order. [ 3 ] Section 8(1) of the Court of Appeal Act , S.S., 2000, c.

C-42.1 ( The Act ) states that “no appeal lies to the court from an interlocutory decision of the Court of Queen’s Bench unless leave to appeal is granted by a judge or the court.” [ 4 ] The appellant has not obtained leave to appeal the matter set out in the notice of appeal. [ 5 ] The respondent plaintiff filed a notice of motion seeking to strike the appellant’s notice of appeal on the basis that leave is required. [ 6 ] Under s. 20 of The Act , “[a] single judge sitting in chambers may hear and dispose of an application or motion that is incidental to an appeal or matter pending in the court and that does not involve the decision of the appeal on the merits.” [ 7 ] A single judge in chambers is not empowered by s. 20 of The Act to declare a notice of appeal to be a nullity on the grounds leave to appeal was required and had not been obtained (see Sundown Theatre Co.

Ltd. v. Ro-Edd Agencies Ltd. , 2009 SKCA 78 , 337 Sask. R. 111 ). [ 8 ] The motion is therefore dismissed. There is no order as to costs. DATED at the City of Regina, in the Province of Saskatchewan, this 2nd day of June, A.D. 2014. “Whitmore J.A.” Whitmore J.A.