Can an ex parte application for an interim order be granted on an ex-parte motion?

Saskatchewan, Canada


The following excerpt is from Rempel v. Althouse and Wickstrom, 1984 CanLII 2490 (SK QB):

Having the rule drawn to my attention, I would not now grant the order on an ex parte application; Malanchuk v. Davis et al., unreported decision of Saskatchewan Court of Appeal 7581/ 81. However, on the basis of all the material before me, there is no doubt that the order would have been granted had the application been by notice of motion.

In Neal v. A/G of Saskatchewan et al. (1977), 1977 CanLII 227 (SCC), 115 D.L.R.(3d) 20, it was held that the failure to give notice to the accused of the application for extension of time after time for appeal had expired “deprived the District Court Judge of jurisdiction to make the extension order”. It cannot be argued that Queen’s Bench Rule 441 in itself is more than a matter of procedure or that it can deprive the court of its jurisdiction to make the order.

Other Questions


Can an application be made for an extension of time on an application to extend the time on which the application is granted? (Saskatchewan, Canada)
What is the test for granting an interim order to order a temporary stay of custody of a child? (Saskatchewan, Canada)
Can a motion to stay a motion for a stay of motion in the absence of any other litigation certified as a class action in any other province under which the present plaintiffs and the members of the class which they seek to represent can have their claims adjudicated? (Saskatchewan, Canada)
What is the test for a judge to dismiss an application for an interim order under English Practice Rule 698? (Saskatchewan, Canada)
What is the test for an application to set aside an interim order? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
What is the test for a motion to vary a custody and access order where a child has enjoyed frequent and meaningful contact with the parent? (Saskatchewan, Canada)
What is the current state of the law on interim spousal support applications? (Saskatchewan, Canada)
What is the appeal from an order made by the Local Master at Moose Jaw on an application for security for costs? (Saskatchewan, Canada)
What is the difference between a discharge application and the discharge application? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.