What are the implications of the Supreme Court of Canada's recent decisions on whether an action commenced without leave is a nullity?
Saskatchewan, Canada
The following excerpt is from Stolar v. Promotion in Motion by Diane & Wally Inc. et al., 1988 CanLII 5037 (SK QB):
In light of the foregoing, the opinions expressed in the cases above referred to, which must now include’ Krueger v. Raccah, founded as it was upon the principles enunciated in Sherban v. Robertson (1958), 1958 CanLII 176 (SK CA), 27 W.W.R. (N.S.) 337, so far as they hold that an action commenced without leave is a nullity, must now be taken to be incorrect.
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