Labach v JH enterprise case of 2015

Justice Labach v JH enterprise case

This is an assignment that discusses the ruling in justice Labach v JH enterprise case. The paper also has various examples of cases for citation.

The ruling in Justice Labach v JH enterprise case

INSTRUCTIONS:
1. Firstly, there are a total of 10 marks to be allocated and this assignment is worth 10% of your final mark in this class.

2. Secondly, I have uploaded three (3) Saskatchewan Court decisions to URCourses as a resource to assist you in responding to the questions below.  The expectation is that you will also use the cases as support for the legal principal that you cite in your answer.  Consequently, please be sure to cite the case and the paragraph of the case upon which you rely as your authority.  The correct citation for each case is follows:

a. Thompson v. Harris, 1970 CanLII 618 (Sk. Q.B.) b. Ackerman v. The Wascana Centre Authority, 1997 CanLII 10879 (Sk. Q.B.); and  also c. Nelson v. JH Enterprises, 2015 SKPC 64 (CanLII).
Several examples of how to properly cite the case are as follows:
a) When crediting (but not quoting) a case:
Either:
Justice Labach in the case of Nelson v. JH Enterprises, 2015 SKPC 64 (CanLII) determined at paragraph 22 that an occupier does not need to be the owner of the premises and also that supervision and control over the premises may be sufficient to lead to a determination that a party is an occupier.
Or:

The ruling in justice Labach v JH enterprise case

An occupier does not need to be the owner of the premises rather an occupier may also be the party that has supervision and control over the premises (Nelson v. JH Enterprises, 2015 SKPC 64 (CanLII) at paragraph 22).   b) When quoting less than two (2) lines of text:

However, in the case of Nelson v. JH Enterprises, 2015 SKPC 64 (CanLII) Justice Labach stated at paragraph 9 “it appeared that a corner of one of the blue lumber carts had got caught on his rear passenger tire.”
c) When quoting more than two (2) lines of text:
In the case of Nelson v. JH Enterprises, 2015 SKPC 64 (CanLII) Justice Labach stated the following at paragraph 9:

Suddenly he heard a loud noise. He stopped his truck and got out to see what had happened. When he went around to the passenger side of the truck, he saw a lumber cart wedged around the rear wheel. It also appeared that a corner of one of the blue lumber carts had got caught on his rear passenger tire and the cart had tipped over into his truck.