Case Overview:
Morgan Payne, a tenant of Saskatoon Housing Authority, challenged a possession order issued by the Office of Residential Tenancies under The Residential Tenancies Act, 2006. Payne argued the requirement to file a "certificate of payment of rent" for appealing the decision was unconstitutional.

Legal Issues:

1. Whether the certificate requirement under the Act violated Section 96 of the Constitution Act, 1867, by limiting access to the Court of King’s Bench.
2. Whether judicial review provided an adequate alternative to statutory appeal when financial barriers prevented compliance with the certificate requirement.

Court’s Decision:
Justice Currie dismissed Payne’s constitutional challenge. The court held that the certificate requirement did not violate Section 96, as judicial review remained available. It clarified that statutory appeals are legislative creations and not part of a superior court's core jurisdiction.

Costs:
No costs were awarded. While the Attorney General successfully opposed the application, they did not seek costs. Saskatoon Housing Authority requested costs but was denied. The court reasoned Payne’s challenge addressed broader issues of public interest, making it inappropriate to impose costs.

Conclusion:
The court ruled the certificate requirement constitutional and confirmed Payne could proceed with judicial review on questions of fact and mixed fact and law. No financial award was made in favor of any party.