Insights

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”). Kramer...

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. The decision...

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. The discovery process requires each party disclose to the other all documents that they have in their possession that are relevant or related to the proceedings by listing them documents in...

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. (“ Annapolis”)) owned 1,000 acres of undeveloped land in the Halifax Regional Municipality...

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. If you received a SATC cheque in the name of a deceased person, you may ask yourself: what should...

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. A...

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. Disclosure may contain...

In family farming operations, assets are often shared amongst family members, regardless of who the actual owner is. However, if you are a lender who has taken a security interest in a farming asset that is exempt from seizure pursuant to The Saskatchewan Farm Security Act 1 (the “ SFSA”) and you have asked the owner of the asset to execute a...

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. Ocular Health Centre Ltd., 2021 ONSC 3076, the Ontario Superior Court of Justice in April 2021 determined that the employment...

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. The question that often arises for individuals, as...

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. Rather, positions are taken much...

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. At times, a couple may decide that legislated rights and obligations are not a good fit for their specific relationship, either...