Insights

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...

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...

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...

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...