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How Your Information is Protected in Litigation in Saskatchewan: The Implied Undertaking Rule
No one likes having their private information dragged into the open. So when you are involved in a lawsuit, the discovery process—where each party shares information that is relevant to the case—can feel intrusive. Your personal documents, emails, and sometimes sensitive commercial details are laid bare for scrutiny. But there is good news: a...
A Snapshot of the Types of Business Structures in Saskatchewan
Starting your own business is incredibly exciting, but it can be overwhelming to determine what type of business structure makes the most sense for you and your business. Some considerations when choosing your business structure are the following: How do I want to be protected if something goes wrong? Some people might choose to run a sole...
Registration of Foreign Judgments in Saskatchewan
Litigants who obtain judgments in foreign jurisdictions are often faced with the practical realities posed by judgment debtors with assets located in Canada. The recognition and enforcement of foreign judgments in Canada raises complex legal questions. There is significant diversity in legal systems found around the world. Different legal systems...
An arrest may be deemed lawful despite being unnecessary
The police derive statutory powers of arrest from the provisions beginning at section 495 of the Criminal Code. Section 9 of the Charter of Rights and Freedoms [ Charter] enshrines the right to be free from arbitrary detention or imprisonment. One of the first determinations for counsel on any criminal file will be determining whether the arrest...
An Overview of New Rules for International Students from Immigration, Refugee, and Citizenship Canada (IRCC)
On January 22, 2024, Immigration, Refugee, and Citizenship Canada (IRCC) announced significant changes to the International Student Stream that will have major impacts on prospective and current students in Canada. Some of the key changes announced in January and subsequently are as follows: Cap on study permit applications IRCC announced that the...
Workplace Violence Policy requirements following amendments to The Saskatchewan Employment Act
Last year, the Government of Saskatchewan passed An Act to amend The Saskatchewan Employment Act, 2023, which amends provisions of The Saskatchewan Employment Act (the “ SEA”), including workplace violence policy obligations for employers. Previously, section 3-21(1) of the SEA only required employers operating at a “prescribed placed of employment...
When must an estate produce documents in a will challenge? Applications for production of records in the context of will challenges in Saskatchewan
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...
Pitfalls in Drafting Termination Clauses in Employment Contracts
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...
R v Bykovets: Police Require Judicial Authorization Before Seeking IP Addresses in Criminal Investigations
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...
So You're Considering Selling Your Business? A Primer on Share Purchase Transactions for Sellers
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...
So You're Considering Buying a Business? A Primer on Asset Purchase Transactions for Purchase
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 defendant did not respond to my Statement of Claim. Now what? Default judgment procedure in Saskatchewan
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...