J. Dated: 20000622 2000 SKCA 76 Docket: 95 THE COURT OF APPEAL FOR SASKATCHEWAN Before: Lane J.A. in Chambers GARY DALE SIDLOSKI PROSPECTIVE APPELLANT (Defendant) and FARM CREDIT CORPORATION PROSPECTIVE RESPONDENT (Plaintiff) COUNSEL: Mr. M. Ignatiuk for the Applicant Mr. M. Crosbie for the Respondent DISPOSITION: On Appeal From: Q.B. No. 127/99, J.C. of Weyburn Application Heard: June 14, 2000 Application Dismissed: June 22, 2000 Written Reasons: June 22, 2000 Reasons By: The Honourable Mr. Justice Lane Lane J.A. [1] The Applicant applies for leave to appeal a decision out of Queen’s Bench chambers dismissing his application for relief under s. 61 of The Queen’s Bench Act R.S.S. 1978, c. Q-1. [2] The considerations to be applied in leave application are as follows: (1) whether the issue raised by the proposed appeal is of sufficient importance either to the litigation before the Court or to the practice in general to warrant consideration by the Court of Appeal; (2) whether the applicant’s proposed submission to the Court of Appeal has sufficient merit to warrant the granting of leave; (3) whether there is any delay in the proceedings which would be caused by the interjection of an appeal. [3] The facts have been completely set out in the decision of Kovach J. dated April 26, 2000, Q.B. 127/98. In my view the applicant misconstrues the mortgage agreement. The monies paid by the applicant’s father as result of separate transaction were applied by Farm Credit Corporation to release the father’s land which had been provided to Farm Credit Corporation as accommodating security only. These facts were so found by the chambers judge. The applicant still has a right to redeem upon payment. [4] No issue of importance has been raised nor do I see any merit to the applicant’s appeal. Leave to appeal is therefore denied. The respondent herein shall have its costs on double Column V. DATED at the City of Regina, in the Province of Saskatchewan, this 22nd day of June, A.D. 2000.
Applicant applies for leave to appeal a Queen's Bench Chambers decision dismissing his application for relief under s.61 of the Queen's Bench Act. HELD: Leave to appeal denied. The respondent has costs at double Column V. The considerations to be applied in a leave to appeal application is 1)whether the issue raised by the proposed appeal is sufficiently important to the litigation before the Court or to the practice in general to warrant consideration by the Court of Appeal. 2)Whether the applicant's proposed submission to the Court of Appeal has sufficient merit to warrant the granting of leave. 3)Whether there is any delay in the proceedings which would be caused by the interjection of an appeal. Here the applicant has misconstrued the mortgage agreement. The applicant still has a right to redeem upon payment. No issue of importance was raised nor did the Court see any merit to the applicant's appeal