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Can you get a DUI on an E-Scooter? Yes.
With the role out of rental E-Scooters in Regina last week, we have been asked this question multiple times. As the title indicates, the answer is yes. Not only can you be charged criminally with impaired driving and/or driving at .08 or over, you can also be fined under The Traffic Safety Act for a number of traffic offences which have recently...
Interpreting limitation periods in Saskatchewan - What the recent Court of Appeal decision in MFI Ag Reveals
The recent decision of the Saskatchewan Court of Appeal in MFI Ag Services Ltd. v. Farm Credit Canada, 2023 SKCA 30 [ MFI Ag] interpreted s. 22 of The Saskatchewan Farm Security Act (the “ SFSA”) in relation to its suspension of applicable limitation periods. Introduction Section 22 of the SFSA protects farmers against loss of their farm land. In...
The Family Property Act and Informal Separation Agreements in Saskatchewan: Supreme Court of Canada's decision in Anderson v Anderson
A recent decision from the Supreme Court of Canada (the “SCC”) has implications for family property agreements in Saskatchewan (and across the country), where the agreements do not meet the formal requirements to be considered interspousal contracts under provincial legislation. The decision, Anderson v Anderson, 2023 SCC 13 [ Anderson], involves...
The Role of the Saskatchewan Human Rights Commission Advancing a Complaint Before the Court of King’s Bench
A recent decision from the Saskatchewan Court of King’s Bench provides important clarification on the role of the Saskatchewan Human Rights Commission when advancing a human rights complaint for a hearing before the Court. The decision, Saskatchewan (Human Rights Commission) v Crowe, 2023 SKKB 71 [ Crowe], involves a human rights complaint...
Changes to Legislation: The Non-Profit Corporations Act, 2022
On March 12, 2023, The Non-Profit Corporations Act, 2022 (the "New Act") came into force in Saskatchewan. The New Act replaces The Non-Profit Corporations Act, 1995, SS 1995, c N-4 (the "Old Act"). The New Act has been enacted in response to the many legal and cultural changes that have taken place in Saskatchewan and other jurisdictions and...
New Business Corporations Act Enacted March 12, 2023
On March 12, 2023, the Saskatchewan Government enacted new legislation governing business corporations in Saskatchewan, The Business Corporations Act, 2021, SS 2021, c 6 (the "New Act"). The New Act replaces The Business Corporations Act, RSS 1978 c B-10 (the "Old Act"), which came into force in 1979. The New Act continues to apply to all...
Limitation periods and The Saskatchewan Farm Security Act – What you need to know
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...
Test for Family Status Discrimination Clarified by Saskatchewan Court of King’s Bench
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...
Saskatchewan Court of Appeal outlines new test for redacting producible documents
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...
Supreme Court of Canada Relaxes the Test for “Constructive” Takings
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...
I received a Saskatchewan Affordability Tax Credit cheque for someone who has died. What should I do?
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...
Co-Mingling Trust Funds: Can You Trust It?
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...