In Esopenko v. RM of Garden River #490, 2026 SKCA 102, the Saskatchewan Court of Appeal unanimously upheld the striking of a former municipal employee’s claims because they were filed outside the one-year limitation period under s. 344(1) of The Municipalities Act. The decision is an important reminder for municipalities and employers about the significance of statutory limitation periods.
Elaine Esopenko was the Town Administrator for the Rural Municipality of Garden River #490 for over 20 years. Following workplace conflict and health issues beginning in late 2015, she went on sick leave in April 2016 and was suspended without pay the following month. In February 2018, nearly two years later, she sued the RM, alleging wrongful termination, breach of contract, negligence and bad faith. She also brought claims against a fellow employee, Brenda Moberg.
A King’s Bench judge struck all claims. The RM claims were time-barred, and the claims against Ms. Moberg failed to disclose a reasonable cause of action. The Court of Appeal agreed on all counts.
The one-year municipal limitation period is strictly enforced – The Court confirmed that s. 344(1) of The Municipalities Act means what it says. Based on the plaintiff’s own pleadings and her lawyer’s correspondence, the Court found she had discovered her claims by the summer of 2016 at the latest, well before the February 2018 filing. Municipalities should be aware of this...
ST PHOTO: AZMI ATHNI Singapore’s embassy in Jakarta rejected social media claims that Dino Patti Djalal and Saiful Mujani visited the ambassador’s residence, calling them “clearly disinformation”...