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Restraint of Trade Following Changes to the Competition Act
Changes to the Competition Act As a result of amendments made to the Competition Act , RSC 1985, c C-34 (the “ Act ”) that came into force on June 23, 2023, agreements between employers that seek to manipulate wages and restrict job mobility of employees may now be criminally prosecuted pursuant to s. 45(1.1) of the Act, which reads as follows: ( 1...
An Overview of Recent and Upcoming Changes to the Canada Labour Code
As part of the federal government’s initiative to modernize the Canada Labour Code , RSC 1985, c L-2 (the “ Code ”) and associated regulations, a series of anticipated amendments have come into force in recent months, with further amendments on the horizon. These changes may have significant impacts for federally-regulated employers. The Labour and...
Getting married or moving in together? A contract might be more important than you think
Introduction Prenuptial Contracts (often referred to as “Prenups”) are one of three types of marriage contracts which spouses or potential spouses can enter into. Marriage contracts allow spouses to opt out of certain legislation which would otherwise determine their legal rights between each other. In Canada, when a couple is legally married, the...
Child Relocation Requests and Conditional Parenting Orders
In Friesen v Friesen , 2023 SKCA 60 [ Friesen ], the Court of Appeal upheld the Trial decision of Friesen v Friesen , 2022 SKQB 83 [ Trial Decision ] which dismissed the mother’s request to relocate with the child to Alberta, and permitted the father’s request to increase his parenting time to equal shared parenting. On appeal, it was suggested by...
When Employers have a Duty to Inquire and what it entails
What is the Duty to Inquire? As a starting point, it is well-established that employees have obligations to inform their employer of their need for accommodation and to disclose sufficient information for the employer to fulfill its duty to accommodate. It is not always the case, however, that employees are forthcoming with accommodation requests...
Navigating the New Era of Trust Reporting for Bare Trusts: Implications and Practical Considerations for Bill C-32
Do you have an arrangement in place with a family member, corporation, or related party where you are holding an asset in trust for them? Is the asset registered in your name, but beneficially owned by someone else? If so, you may be a party to a “bare trust” relationship and you may be subject to new Canada Revenue Agency (“ CRA ”) reporting...
R v Basque, 2023 SCC 18 – The Supreme Court’s unanimous decision clarifies that credit can be given for pre-conviction driving prohibitions
The Supreme Court of Canada in R v Basque recently confirmed that the Criminal Code’s mandatory driving prohibitions are a punishment rather than a sentence. In confirming the distinction between a sentence and a punishment, the Court held that credit may be given for pre-sentence driving prohibitions when a lower court imposes the mandatory...
Can you get a DUI on an E-Scooter? Yes.
With the role out of rental E-Scooters in Regina last week, we have been asked this question multiple times. As the title indicates, the answer is yes. Not only can you be charged criminally with impaired driving and/or driving at .08 or over, you can also be fined under The Traffic Safety Act for a number of traffic offences which have recently...
Interpreting limitation periods in Saskatchewan - What the recent Court of Appeal decision in MFI Ag Reveals
The recent decision of the Saskatchewan Court of Appeal in MFI Ag Services Ltd. v. Farm Credit Canada , 2023 SKCA 30 [ MFI Ag ] interpreted s. 22 of The Saskatchewan Farm Security Act (the “ SFSA ”) in relation to its suspension of applicable limitation periods. Introduction Section 22 of the SFSA protects farmers against loss of their farm land...
The Family Property Act and Informal Separation Agreements in Saskatchewan: Supreme Court of Canada's decision in Anderson v Anderson
A recent decision from the Supreme Court of Canada (the “SCC”) has implications for family property agreements in Saskatchewan (and across the country), where the agreements do not meet the formal requirements to be considered interspousal contracts under provincial legislation. The decision, Anderson v Anderson , 2023 SCC 13 [ Anderson ], involves...
The Role of the Saskatchewan Human Rights Commission Advancing a Complaint Before the Court of King’s Bench
A recent decision from the Saskatchewan Court of King’s Bench provides important clarification on the role of the Saskatchewan Human Rights Commission when advancing a human rights complaint for a hearing before the Court. The decision, Saskatchewan (Human Rights Commission) v Crowe , 2023 SKKB 71 [ Crowe ], involves a human rights complaint...
Changes to Legislation: The Non-Profit Corporations Act, 2022
On March 12, 2023, The Non-Profit Corporations Act, 2022 (the "New Act") came into force in Saskatchewan. The New Act replaces The Non-Profit Corporations Act, 1995 , SS 1995, c N-4 (the "Old Act"). The New Act has been enacted in response to the many legal and cultural changes that have taken place in Saskatchewan and other jurisdictions and...