Insights

A recent Saskatchewan Court of King’s Bench decision answers when the executor of an estate, or any third party possessing records of the testator, may be compelled to produce documents to the will challenger in a will challenge brought under Rule 16-46 of The King’s Bench Rules [ Rules]. In Stradeski v Kowalyshyn, 2023 SKKB 177 [ Kowalyshyn], the...

In this blog post, we review two recent Alberta decisions which emphasize the importance of incorporating clear and unambiguous termination clauses in employment agreements, as well as the consequences for employers when such clauses fall short of this standard. Generally, courts will not uphold a termination clause in an employment agreement that...

Introduction In R v Bykovets, 2024 SCC 6 [ Bykovets], the majority of the Supreme Court of Canada (the “ Supreme Court”) recently held that internet protocol (“ IP”) addresses attract a reasonable expectation of privacy and are, therefore, protected by s. 8 of the Canadian Charter of Rights and Freedoms [ Charter] against unreasonable search or...

Are you a business owner looking to sell your business, but are not sure where to begin? Did you have a chance to read our article titled “So You're Considering Buying a Business? A Primer on Asset Purchase Transactions for Purchasers”, and are wondering what the best structure is for you as a seller? Well you are in the right place, as this...

You are deciding to take a leap and purchase a business, but you are not sure how best to structure the agreement. Let's take a look at the different types of purchase transactions available. What is the Difference between an Asset Purchase and Share Purchase Transaction? An asset purchase involves the purchase of some or all of the assets, such as...

The issuance of a statement of claim marks the commencement of an action in the Court of King’s Bench. Once issued, the statement of claim must be served on the defendants to the action. The King’s Bench Rules [ Rules] set out certain timelines within which a defendant must respond. Typically, a defendant would respond by serving and filing a...

A common misconception in criminal proceedings is that any communications between an accused and their spouse cannot be used against them. This concept is referred to as “spousal privilege”. This rule is grounded in section 4(3) of the Canada Evidence Act, RSC 1985, c C-5 [the CEA], which states that: No husband is compellable to disclose any...

On November 9, 2023, the federal government introduced legislation which would ban the use of replacement workers in federally-regulated sectors during strikes and lockouts. This is the latest in a series of recent or anticipated changes to the Canada Labour Code, RSC 1985, c L-2 (the “Code”). Bill C-58, An Act to amend the Canada Labour Code and...

An issue in estate litigation that continues to make its way before the court is the issue of the incapacity of a testator (the person who is making the will), and whether they were unduly influenced. This question often comes before the court in an application to have a will proven in solemn form. This type of court application tests the validity...

On October 23, 2023, Immigration, Refugee, and Citizenship Canada (IRCC) unveiled a remarkable opportunity for Ukrainian nationals living in Canada. This new pathway to Permanent Residency is a significant development that brings hope and stability to the Ukrainian community in Canada. IRCC has created two key categories of eligibility for this...

In R v Owston, 2023 SKCA 101 [ Owston], the Saskatchewan Court of Appeal recently provided critical clarification on whether someone has the capacity to consent to sexual activity when intoxicated. The Court made it clear that limitations in comprehension or reasoning ability due to intoxication do not, in and of themselves, establish that a person...

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: ( 1.1...