Kreke v. Alansari

2021 SCC 50 [2021] 2 SCR 685 Court SCC Decision date 2021-12-02 Heard 2021-12-01 Docket 39567 English

PartiesTiffany Jo Kreke Appellant·Amro Abdullah M. Alansari Respondent

Counsel (5)

Karina Jackson, for the appellant.
Kate Crisp, for the respondent.
Judgment accordingly.
Solicitors for the appellant: Mokuruk & Woods Law Office, Saskatoon.
Solicitors for the respondent: McKercher, Saskatoon.

Judges Wagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud

Decision 8–1 Majority (8) — Wagner C.J. and Moldaver, Karakatsanis, Brown, Rowe, Martin, Kasirer and Jamal JJ. · Dissent (1) — Côté J.

On appeal from Saskatchewan

Contents

The Chief Justice — Even if the fresh evidence were admitted, a majority of this Court is of the view that there was no reviewable error made by the trial judge.

Therefore, the appeal is allowed and the trial judge’s orders dated July 4, 2019, and July 17, 2019, are restored with costs throughout.

Justice Côté, dissenting, would have dismissed the appeal on the ground that it is moot since she would have admitted the fresh evidence, and in light of this, would remand the matter to the Court of Queen’s Bench.