REGINA – Moose Jaw landowners Martin and Diane Nilson have lost their application for a stay of enforcement after being ordered to pay ABO Transport Ltd. $600,000 for cancelling an agreement to sell their gravel. The province’s highest court handed down its decision on Jan. 4, dismissing the Nilson’s application.
ABO Transport Ltd. had filed a successful $600,000 claim against the Nilsons in Moose Jaw Court of King’s Bench. The lawsuit claimed the Nilsons breached several contracts that granted ABO Transport Ltd. rights to remove and sell gravel from a pit located on the Nilsons’ land.
In November 2023, the couple then filed for a stay of execution with the Sask. Court of Appeal. Martin Nilson’s sworn affidavit on Nov. 16, 2023, cited limited financial means as reasons for a stay of execution on the $600,000.
ABO Transport had filed two affidavits from its principal Allan Olson, opposing the requested stay of execution. The affidavits described Nilsons attempts to sell assets in July 2023 before a decision by the Kings Bench Court was made.
The Court of Appeal dismissed Nilson's interim application for a stay of enforcement but ordered that any money they pay towards ABO TranpTransport, be held in trust to the court and only paid out with the consent of the parties, or by further order of a judge at either King’s Bench Court or the Sask. Court of Appeal.
Correction: Story clarified to say that they lost their interim application for a stay of enforcement.
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