Insights

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...

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...

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...

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 the...

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...

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...

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...