Esopenko v RM of Garden River #490

Decided: 2026-09-15. Docket: CACV4413. Citation: 2026 SKCA 102 (CanLII). Procedure — Pleadings — Motion to strike — The King’s Bench Rules, Rule 7-9 — Whether claims could be struck as time barred and for no reasonable cause of action — Plain and obvious threshold, Hunt v Carey Canada Inc. — Abuse of process analysis, Walker v Mitchell — Striking and amendment rulings upheld on appeal — Appeal dismissed | Limitation periods — Municipal limitation — Discoverability — The Municipalities Act, s. 344(1) — The Limitations Act, s. 6 — Whether action was brought and served within one year of discovery — Knowledge of essential elements from pleadings and counsel correspondence — Claim barred despite discoverability arguments — Appeal dismissed | Procedure — Pleadings — Reasonable cause of action —