Executive Summary: Key Legal and Evidentiary Issues

• The appeal concerns whether the defendants' application to dismiss the underlying action as an abuse of process was properly refused by a chambers judge.
   
• Defendants sought dismissal under Rule 7-9(2)(e) of The King's Bench Rules, arguing the action was commenced outside the applicable limitation period.
   
• A chambers judge had already dismissed that dismissal application in the decision under appeal.
   
• This appeal was heard together with a related appeal (CACV4486) involving an action by a different plaintiff against overlapping defendants on similar limitation-period grounds.
   
• Costs in this appeal were addressed by reference to a prior order for security for costs, with funds held in trust.
   
• Quantum of costs awarded turned on the court's companion ruling in the related CACV4486 appeal.
   

Facts of the case

This appeal arose from an action commenced by 102084163 Saskatchewan Inc. and Wenwen Li against 101270777 Saskatchewan Ltd., Belle Plaine Granite, 102123925 Saskatchewan Ltd., and Kamal Singh Thaira (the defendants). The defendants had applied under Rule 7-9(2)(e) of The King's Bench Rules for an order dismissing the action as an abuse of process, contending the action had been commenced outside the applicable limitation period. That application was dismissed by a judge of the Court of King's Bench in Chambers in 102084163 Saskatchewan Inc. v 101270777 Saskatchewan Ltd. (3 January 2025), Regina KBG-RG-01537-2023 (SKKB). The defendants appealed that dismissal to the Court of Appeal for Saskatchewan.

Related proceeding

The appeal was heard together with a separate appeal, CACV4486, arising from an action brought by YQZH Management Incorporated against 101270777 Saskatchewan Ltd. and Kamal Singh Thaira. CACV4486 arose because the same chambers judge had similarly dismissed the defendants' application to dismiss that action as an abuse of process on the same basis — an allegedly expired limitation period.

Reasoning and analysis

The Court did not set out separate reasons in this matter. Instead, the panel relied on the reasons it gave in dismissing CACV4486, the companion appeal, as reported in 101270777 Saskatchewan Ltd. v YQZH Management Incorporated, 2026 SKCA 23. No independent analysis specific to this appeal is set out in the decision; the document does not detail the substantive limitation-period reasoning beyond this cross-reference.

Ruling and outcome

For the reasons given in the companion decision dismissing CACV4486, the Court dismissed this appeal. The respondents, 102084163 Saskatchewan Inc. and Wenwen Li, were the successful party. The Court awarded costs in their favour in the fixed amount of $6,000, payable out of monies held in trust pursuant to a prior order for security for costs made by Kalmakoff J.A. in 102084163 Saskatchewan Inc. v 101270777 Saskatchewan Ltd. (9 October 2025), Regina CACV4487 (Sask CA).