Insights

The Saskatchewan Court of Appeal recently weighed in on the effect the distance between a parent’s residence to the child’s school in a rural area may have on a parenting arrangement, while considering the best interests of a child pursuant to The Children’s Law Act, 1997. In Dukart v Quantrill (Jones), 2015 SKCA 138 one of the grounds of appeal...

If you are considering transferring real property (such as your house or farmland) or personal property (such as a bank account) into joint tenancy with your spouse, adult child, or any other person, as part of your estate plan it is important to be aware that there may be significant problems that result from placing property in joint tenancy. It...

Most of us have heard the term medical malpractice, but what does it really mean? Medical treatment does not come with a guarantee, and most procedures carry what are termed “accepted complications”. This means that even if the procedure is performed as well as would be expected, sometimes an adverse result or complication will occur. In a legal...

Many employers underestimate the value of a having a written contract with their workers. One of the biggest challenges employers without a written contract can face is the status of a worker in the event of termination – is that worker an employee or independent contractor? Unfortunately, when a working relationship is terminated, there are often...

The Youth Criminal Justice Act is an extensive piece of Federal legislation. [1] It has been in effect since 2003 and it governs the prosecution of youths charged with criminal offences. Criminal records, sentencing principals, and youth criminal procedure can become complicated for experienced legal counsel, let alone a self-represented accused...

The Condominium Property Act, 1993 ( Saskatchewan) (the “ Act”)places a statutory obligation on an owner to remit condo fees (ie. common expenses and reserve fund fees), and specifies that an owner is not exempt from that obligation even if the owner is in litigation with the condominium corporation. This means an owner cannot use a refusal to pay...

It's never a pleasant situation for a condominium corporation to be in when a unit owner falls behind in their condominium fees. As a board member or property manager who is responsible for collecting these fees you understand how difficult this can be. It’s not easy to go to a neighbour and remind them their bills are overdue. Talking to someone...

Mediation is becoming a viable option as an alternative to trial. This change was brought about by numerous factors, major ones being the expense and emotional toll that a trial takes on parties. Many forms of alternative dispute resolution are available to people, some of which are collaborative law, negotiation, and mediation. Mediation has...

WORKPLACE PRIVACY LAW UPDATE Personal Information (Privacy) and Arbitration Awards In August, the BC Court of Appeal considered whether an arbitrator could include personal information about employees in an arbitration award. The Union, UFCW Local 1518, had asserted that the inclusion of personal information in the arbitrator’s written reasons was...

The holiday season is quickly approaching and many separated or divorced parents will be looking to finalize their 2015 holiday plans with their children. In order to do so, it is very important that parents begin discussing their respective holiday plans. Should parents be unable to agree, an application to the Court may be made. In order to bring...

A corporation cannot just be given any name you wish. Before you can select a name for your corporation, there are a number of rules that must be followed. To begin with, the name must be searched against all other registered names in Saskatchewan, federal corporations and registered trademarks, and approved by Saskatchewan’s Corporate Registry...

I. Legislative Changes Federal Bill C-525 has been passed into Law The Canadian Parliament has amended the provisions of the Canada Labour Code, the Public Service Labour Relations Act, and the Parliamentary Employment and Staff Relations Act to require that all representation votes for certification or decertification involve a mandatory secret...