Case information
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39567
Tiffany Jo Kreke v. Amro Abdullah M Alansari
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-12-29 |
Transcript received, 170 pages - Day 1 80 pages - Day 2 |
|
| 2021-12-21 | Appeal closed | |
| 2021-12-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-12-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-12-02 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers CACV3448 and CACV3466, 2020 SKCA 122, dated October 28, 2020, was heard on December 1 and 2, 2021, and the Court on December 2, 2021, delivered the following judgment orally: 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. Allowed, with costs |
|
| 2021-12-02 |
Hearing of the appeal, 2021-12-01, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-11-29 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-11-30) | Tiffany Jo Kreke |
| 2021-11-29 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-29) | Amro Abdullah M Alansari |
| 2021-11-25 | Correspondence received from, (Letter Form), Appellant, submission sought by way of direction of the Court on November 19, 2021., (Printed version filed on 2021-11-30) | Tiffany Jo Kreke |
| 2021-11-25 | Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing | |
| 2021-11-24 | Correspondence received from, (Book Form), Respondent, submission sought by way of direction of the Court on November 19, 2021., (Printed version filed on 2021-11-24) | Amro Abdullah M Alansari |
| 2021-11-19 | Correspondence sent to all Counsel by Deputy Registrar, Re: CJ requests submissions by 2021-11-24 (sent to all parties electronically) | |
| 2021-11-18 | Response to the motion to adduce new evidence, (Letter Form), Affidavit to support the response for the motion rec'd 2021-11-18, Completed on: 2021-11-18, (Printed version filed on 2021-11-23) | Tiffany Jo Kreke |
| 2021-11-08 | Motion to adduce new evidence, (Letter Form), Missing: Filing Fee (rec' 11/19/21), Completed on: 2021-11-29, (Printed version filed on 2021-11-08) | Amro Abdullah M Alansari |
| 2021-11-08 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2021-11-16) | Amro Abdullah M Alansari |
| 2021-11-08 | Respondent's record, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-08) | Amro Abdullah M Alansari |
| 2021-11-08 | Respondent's factum, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-08) | Amro Abdullah M Alansari |
| 2021-11-05 | Notice of appearance, Karina Jackson will appear before the Court and will present oral argument. | Tiffany Jo Kreke |
| 2021-11-04 | Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction from the Acting Registrar, relating to the December hearings | |
| 2021-11-02 | Notice of appearance, Kate Crisp will appear before the Court and will present oral argument. | Amro Abdullah M Alansari |
| 2021-10-19 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2021-10-25) | Tiffany Jo Kreke |
| 2021-10-05 | Order on motion to extend time, DAVID POWER | |
| 2021-10-05 |
Decision on motion to extend time, DeRg, UPON APPLICATION by the appellant for an order extending the time to serve and file her factum and record to September 23, 2021; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2021-10-05 | Submission of motion to extend time, DeRg | |
| 2021-09-27 | Response to motion to extend time, Completed on: 2021-10-04 | Amro Abdullah M Alansari |
| 2021-09-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Electronic version due on 2021-10-01) | Tiffany Jo Kreke |
| 2021-09-23 |
Appellant's record, (Book Form), (10 volumes), REQUIRED: 24A (rec'd 2021-10-19), Completed on: 2021-10-20, (Printed version filed on 2021-09-29) |
Tiffany Jo Kreke |
| 2021-09-23 | Appellant's factum, (Book Form), Completed on: 2021-10-14, (Printed version filed on 2021-09-29) | Tiffany Jo Kreke |
| 2021-09-23 | Motion to extend time, (Letter Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-10-01) | Tiffany Jo Kreke |
| 2021-07-19 | Notice of appeal, (Letter Form), Completed on: 2021-08-23, (Printed version filed on 2021-07-21) | Tiffany Jo Kreke |
| 2021-07-13 |
Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar. (Revised letter sent on July 14, 2021) The schedule for serving and filing the material is set as follows: a) The notice of appeal shall be served and filed on or before July 19, 2021. b) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before September 13, 2021. c) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 4, 2021. d) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 12, 2021. e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 15, 2021. f) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 16, 2021. g) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before November 8, 2021. h) The appeal is scheduled to be heard on December 1, 2021, and December 2, 2021. |
|
| 2021-06-28 | Appeal hearing scheduled, 2021-12-02, Day 2: For Webcasting Purposes Only | |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 |
Appeal hearing scheduled, 2021-12-01, Scheduled for December 1, 2021 and December 2, 2021. Judgment rendered |
|
| 2021-06-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-06-17 | Judgment on leave sent to the parties | |
| 2021-06-17 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to join two Court of Appeal for Saskatchewan files in a single application for leave to appeal is granted. The motion to file a lengthy memorandum of argument is granted. The motion to strike by the respondent is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers CACV3448 and CACV3466, 2020 SKCA 122, dated October 28, 2020, is granted with costs in the cause. Granted, with costs |
|
| 2021-06-17 |
Decision on motion to strike out, See decision on application Dismissed |
|
| 2021-06-17 |
Decision on the miscellaneous motion, See decision on application Granted |
|
| 2021-06-17 |
Decision on motion to file a lengthy memorandum of argument, See decision on application Granted |
|
| 2021-06-17 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2021-05-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-03 | Submission of motion to strike out, for consideration by the Court | |
| 2021-05-03 | Submission of miscellaneous motion, for consideration by the Court | |
| 2021-05-03 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2021-05-03 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-04-26 | Correspondence received from, Respondent's Agent email received on 2021-04-26 informing the Court that the Respondent takes no position in respect of the motion that the applicant filed dated March 2, 2021 to join the two SKCA files, to file a lengthy memorandum and for an extension of time to file her application for leave to appeal. | Amro Abdullah M Alansari |
| 2021-04-12 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-04-19) | Amro Abdullah M Alansari |
| 2021-04-12 | Motion to strike out, (Book Form), (Included in the respondent's response on the application for leave to appeal), require: filing fee (rec'd 2021-05-04), Completed on: 2021-05-04, (Printed version due on 2021-04-19) | Amro Abdullah M Alansari |
| 2021-04-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-04-23, (Printed version filed on 2021-04-12) | Amro Abdullah M Alansari |
| 2021-03-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-03-11 | |
| 2021-03-04 | Motion to file a lengthy memorandum of argument, (Book Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Completed on: 2021-03-11, (Printed version due on 2021-03-11) | Tiffany Jo Kreke |
| 2021-03-04 | Notice of miscellaneous motion, (Book Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Motion to Join, Completed on: 2021-03-11, (Printed version due on 2021-03-11) | Tiffany Jo Kreke |
| 2021-03-04 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-03-11 | Tiffany Jo Kreke |
| 2021-02-02 | Notice of change of solicitor | Amro Abdullah M Alansari |
| 2021-01-29 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2021-01-07 | Certificate (on limitations to public access), Form 23A | Tiffany Jo Kreke |
| 2021-01-07 |
Application for leave to appeal, (Book Form), Missing: - Signed CA Order - rec'd 2021-03-04 - Filing fees (rec'd 2021-05-20) - Motion to file lenghty Memorandum - rec'd 2021-03-04 - Motion for extension of time to file and or serve the application for leave to appeal - rec'd 2021-03-04 - Motion to join - rec'd 2021-03-04, Completed on: 2021-05-05, (Printed version filed on 2021-04-29) |
Tiffany Jo Kreke |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Kreke, Tiffany Jo | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alansari, Amro Abdullah M | Respondent | Active |
Counsel
Party: Kreke, Tiffany Jo
Counsel
313-2020 3rd Avevue South
Sakatoon, Saskatchewan
S7K 1M1
Telephone: (306) 955-9610
FAX: (306) 955-9611
Email: karina@mandwlaw.ca
Party: Alansari, Amro Abdullah M
Counsel
Kate Crisp
374 3rd Ave South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 664-1273
FAX: (306) 653-2669
Email: p.loran@mckercher.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Family law - Custody - Relocation - Spousal support - Court of Appeal overturning trial judgment allowing appellant to relocate with child and awarding appellant primary residence - Court of Appeal reducing spousal support payable to appellant and ordering new trial on relocation and parenting issues - What is the scope of the Court of Appeal’s jurisdiction to intervene in relocation decisions? - Whether the Court of Appeal erred in drawing conclusions on the evidence after ordering a new trial - What is the scope of the Court of Appeal’s jurisdiction to intervene in spousal support decisions? - Whether the Court erred in substituting its findings of fact for those of the trial judge and in misapprehending evidence - Whether the Court of Appeal applied the applicable case law correctly - Whether the Court of Appeal erred by overturning the spousal maintenance award
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The parties separated after ten years of marriage. They had one child together and the applicant had two children from a previous marriage. The Court of Appeal overturned the trial judge’s decision that awarded joint custody of the one child, with primary care to the applicant and allowed her to relocate within the province with that child. It also reduced the amount of spousal support awarded to her. A new trial was ordered on the issues of custody, access, primary care and relocation.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
DIV 423 of 2018
See file
Court of Queen’s Bench of Saskatchewan
DIV 423 of 2018
See file
Court of Appeal for Saskatchewan
2020 SKCA 122, CACV3448, CACV3466
See file
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available