Tuttle v Ermine
Renee Hillary Tuttle
Law Firm / Organization
The Barrister Group
Lawyer(s)

Henry Oltman

Morris Henry Ermine
Law Firm / Organization
Unrepresented
Saskatchewan Government Insurance
Law Firm / Organization
Scharfstein LLP

Overview:
Renee Hillary Tuttle sued Morris Henry Ermine after a 2018 collision caused by Ermine's impaired driving. Saskatchewan Government Insurance (SGI) was added as a third party due to its denial of liability for Ermine under The Automobile Accident Insurance Act.

Legal Issues:

  1. Tort Claims: Tuttle sought damages exceeding $50,000 for pain and suffering, special damages, economic loss, punitive damages, and legal costs. The court held that SGI, as a third party, could contest Ermine’s liability and the extent of damages, but admitted the collision was caused by Ermine, who was impaired at the time. The issue of appropriate damages remains to be decided.

  2. Jury Trial Dispute: SGI applied to strike Tuttle’s jury demand, arguing it was the Crown's agent and entitled to protections under The Proceedings Against the Crown Act, 2019, which prohibits jury trials in cases involving the Crown.

Key Findings:

  • The court ruled SGI, as a Crown agent, was subject to procedural immunities, including the prohibition on jury trials under section 14 of the Act.

  • SGI's statutory status and procedural protections made it more than a typical insurer, aligning it with Crown privileges.

  • Concerns about public policy abuse were dismissed, finding no unfair incentives for defendants to default or deny liability.

Outcome:
The court granted SGI's motion to strike the jury demand. Due to the case's novel legal questions, no costs were awarded to either party.

Costs/Award:
No monetary costs or awards were granted.

Court of King's Bench for Saskatchewan
QBG-SA-00082-2020
Tort law
Other