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Limitation periods and The Saskatchewan Farm Security Act – What you need to know
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”).
Test for Family Status Discrimination Clarified by Saskatchewan Court of King’s Bench
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.
Saskatchewan Court of Appeal outlines new test for redacting producible documents
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.
Supreme Court of Canada Relaxes the Test for “Constructive” Takings
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.
I received a Saskatchewan Affordability Tax Credit cheque for someone who has died. What should I do?
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.
Co-Mingling Trust Funds: Can You Trust It?
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.
What is “Disclosure” and What Remedies are Available if it is Mishandled in Your Case?
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.
Waiving goodbye to statutory exemptions: A discussion of ownership, exemptions and waivers pursuant to The Saskatchewan Farm Security Act
In family farming operations, assets are often shared amongst family members, regardless of who the actual owner is.
Constructive Dismissal during the COVID-19 Public Health Emergency
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.
If I am convicted of impaired driving, where am I prohibited from operating a motor vehicle?
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.
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.
Prenuptial, Cohabitation, and Interspousal Agreements
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.