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Lowery v. Saskatchewan Government, 2010 SKCA 109 (CanLII)


THE COURT OF APPEAL FOR SASKATCHEWAN

Citation: 2010 SKCA 109 Date: 20100909


Between: Docket: 1605

Arlene Lowery

Appellant (Plaintiff)

- and

Saskatchewan Government
- and
Dr. C. Norman, M.D.,
Dr. S. Leibel, M.D., Dr.L.P. Ruthnum, M.D.,
Dr. E. Ivanochko (Reg. Psychologist),
City of Regina Police Department,
Chief Cal Johnston, Corporal Debbie Ferguson

Respondents (Defendants)

Coram:
Klebuc C.J.S., Sherstobitoff & Smith JJ.A.

Counsel:
Darryl Brown for the Government of Saskatchewan
Nicholas Cann for Dr. C. Norman, Dr. S. Leibel and Dr. L.P. Ruthnum
Reginald Watson, Q.C. for Dr. E. Ivanochko
Christ ine Clifford for the Cit y of Regina Police Department, Chief
Cal Johnston and Corporal Debbie Ferguson
Bruce Gibson for the Attorney General of Canada
Appeal:
From: 2008 SKQB 115 (CanLII), 2008 SKQB 115
Heard: September 21, 2009
Disposition: Appeal Dismissed
Written Reasons: September 9, 2010
By: The Honourable Chief Justice Klebuc
In Concurrence: The Honourable Mr. Justice Sherstobitoff
The Honourable Madam Justice Smith






















Klebuc C.J.S.
[1] The Appellant appealed from the decision of the Chambers judge dated
March 6, 2008 on the grounds that he erred by: (i) striking her amended
statement of claim; (ii) dismissing her application for an order striking the
statements of defence filed by several of the Respondents; (iii) dismissing her
application for an order adding infant children as plaintiffs; and (iv) dismissing
her application for leave to add the Government of Canada and Joyce Laprise as
defendants in the action.

[2] While the Chambers judge erred in considering the original statement of
claim and the submissions made in relation thereto, we are satisfied that he made
no reversible error by striking the amended statement of claim and by dismissing
the aforementioned applications. Therefore, we dismiss the Appellant's appeal
and grant the Respondents their taxable costs.

DATED at the City of Regina, in the Province of Saskatchewan, this 9th
day of September, A.D. 2010.


___ Klebuc C.J.S.___________________
Klebuc C.J.S.


I concur ____Sherstobitoff J.A._______________
Sherstobitoff J.A.


I concur ____Smith J. A._____________________
Smit h J.A.
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