Repchinsky v Saskatchewan (Government of)
Jeffrey Repchinsky
Law Firm / Organization
W Law LLP
Lawyer(s)

Nicholas P. Conlon

Tracy Repchinsky
Law Firm / Organization
W Law LLP
Lawyer(s)

Nicholas P. Conlon

The Government of Saskatchewan
Resort Village of Coteau Beach
Law Firm / Organization
Brownlee LLP
Lawyer(s)

Brendan Dzioba

John Doe And Jane Doe et al.
Law Firm / Organization
Unrepresented

Background:
Jeffrey and Tracy Repchinsky, owners of farmland near Lake Diefenbaker, sought an injunction to prevent the Resort Village of Coteau Beach (RV) from removing an irrigation line (the "Works") located on Block G, land previously owned by the Government of Saskatchewan. The Works were built with Saskatchewan’s approval in 2020 before RV purchased the land in 2022. The plaintiffs claimed RV refused to negotiate an easement agreement in good faith.

Legal Issues:

  1. Injunctive Relief: The plaintiffs argued for an interlocutory injunction to prevent the removal of the Works. The court assessed irreparable harm, the balance of convenience, and whether there was a serious issue to be tried.
  2. Contract Claims: The plaintiffs alleged breach of contract and failure to negotiate in good faith based on a clause in RV’s purchase agreement with Saskatchewan.
  3. Tort Claims: Claims of misfeasance in public office were raised, alleging RV’s actions violated statutory duties under The Municipalities Act.
  4. Equitable Claims: The proprietary estoppel claim was rejected, as no reasonable reliance was proven.

Outcome:
The court granted an interim injunction, pending proof of the plaintiffs' financial capacity to satisfy an undertaking as to damages. Costs or awards were deferred, with no final ruling on damages or fees. The matter remained subject to further submissions regarding financial capacity.

No specific monetary award or costs were decided as of this judgment.

Court of King's Bench for Saskatchewan
KBG-SA-00215-2023
Real estate