Majority
The judgment of the Court was delivered orally by
Dickson C.J.
The Chief Justice ‑‑ It will not be necessary to hear from you, Mr. Brayford and Mr. Roe. Justice Sopinka will deliver the judgment of the Court.
Sopinka J.
Sopinka J. ‑‑ This is an appeal from the Saskatchewan Court of Appeal which allowed an appeal from the trial judge who refused an application for a stay pursuant to s. 11(b) by the respondents.
The provincial courts of appeal are generally in a better position than this Court to assess the reasonableness of their province's institutional limitations and resources. Nevertheless, they must decide applications under s. 11(b) on the basis of correct principles. The appellant contends that some of those principles have not been settled by this Court. We are of the opinion that this case does not appropriately raise for decision the issues which have not been settled. Based on the particular circumstances of this case, we are not in disagreement with the result reached by the Court of Appeal for Saskatchewan. Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: John C. Tait, Ottawa.
Solicitors for the respondent Stensrud: Brayford‑Shapiro, Saskatoon.
Solicitors for the respondent Smith: Roe & Olson, Saskatoon.
Statutes and regulations cited
-
Unresolved citations
- s. 11(b)