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Results 1 - 12 of 111
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Case Comment
February 15, 2023

Limitation periods and The Saskatchewan Farm Security Act – What you need to know

Nicole C. Krupski
The recent decision of the Saskatchewan Court of Appeal in MFI Ag Services Ltd. v. Kramer Ltd., 2023 SKCA 10 [Kramer] establishes that the limitation periods set out in The Limitations Act (Saskatchewan) (the “LTA”) are not applicable to proceedings for equipment seizure under Part IV of The Saskatchewan Farm Security Act (the “SFSA”).
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Case Comment
January 23, 2023

Test for Family Status Discrimination Clarified by Saskatchewan Court of King’s Bench

Calen Nixon & Nicole Tryhorn
The legal test and scope for protection against discrimination on the basis of family status varies by jurisdiction in Canada. A recent Saskatchewan Court of King’s Bench decision provides clarity as to when the duty to accommodate under The Saskatchewan Human Rights Code, 2018 [the “Code”] can be engaged for Saskatchewan employers.
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Case Comment
January 9, 2023

Saskatchewan Court of Appeal outlines new test for redacting producible documents

Ellen Fitzgerald
When parties enter into the litigation process, one of the steps that must be undertaken is document exchange, or disclosure, commonly referred to as discovery.
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Case Comment
December 16, 2022

Supreme Court of Canada Relaxes the Test for “Constructive” Takings

William G. Lane
The Supreme Court’s recent decision in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 [Annapolis] clarified the test for a “constructive taking” by a regulatory body. Background In that case, a private property owner (Annapolis Group Inc.
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Article
December 13, 2022

I received a Saskatchewan Affordability Tax Credit cheque for someone who has died. What should I do?

Nicole Tryhorn
The Government of Saskatchewan began distributing Saskatchewan Affordability Tax Credit (“SATC”) cheques on Monday, November 14, 2022. There have been instances where people have received SATC cheques issued in the name of someone who has passed away.
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Article
November 30, 2022

Co-Mingling Trust Funds: Can You Trust It?

Travis R. Sylvestre
Over the course of a project, owners and contractors are often responsible for the handling of trust monies as a result of The Builders Lien Act, Saskatchewan. As a trustee, it is vital to be aware of the issues that can arise when trusts monies are maintained in accounts containing trust monies from other projects, and/or non-trust monies.
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Article
November 8, 2022

What is “Disclosure” and What Remedies are Available if it is Mishandled in Your Case?

Eric L. R. Dulle
When you are charged with a criminal offence, you are entitled to obtain disclosure from the Crown—either on your own or with the assistance of legal counsel. “Disclosure” is the records in the possession or control of the Crown which are obtained through police investigation, and which may be used against the accused.
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Case Comment
October 31, 2022

Waiving goodbye to statutory exemptions: A discussion of ownership, exemptions and waivers pursuant to The Saskatchewan Farm Security Act

Kristie Anne Kirwan
In family farming operations, assets are often shared amongst family members, regardless of who the actual owner is.
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Article
May 30, 2022

Constructive Dismissal during the COVID-19 Public Health Emergency

Gordon D. Hamilton
There have been two recent cases in Ontario which may significantly change the law of constructive dismissal in Canada. Both involve the interactions of employment standards legislation and the common law. In Coutinho v.
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December 13, 2021

If I am convicted of impaired driving, where am I prohibited from operating a motor vehicle?

Travis R. Sylvestre
Individuals convicted of impaired driving in Saskatchewan are, among other things, subject to a Court ordered driving prohibition. They are typically prohibited under section 320.24(8) of the Criminal Code from operating a motor vehicle on any street, road or highway or in any other public place.
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Article
December 7, 2021

Criminal Trials are not Championship Sporting Events

We can all think of examples, whether at home or abroad, of high profile criminal trials that generate significant public and media interest. Often, it appears that strong opinions are formed about the matter long before the details of what happened are known and long before the evidence is assessed at trial.
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Article
December 2, 2021

Prenuptial, Cohabitation, and Interspousal Agreements

Patricia L. Miller
In Saskatchewan, The Family Property Act (“FPA”) legislates the rights between common-law spouses and married couples. The FPA is specific to Saskatchewan. Each province has its own legislation regarding family property.
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