Insights

Saskatchewan Court of Appeal Upholds Labour Reform Legislation

The Saskatchewan Court of Appeal has upheld the sweeping labour reforms introduced by the Public Service Essential Services Act (“PSESA”) and the Trade Union Amendment Act (“TUAA”), finding that both acts are constitutional. Specifically, the court upheld the TUAA’s increased requirements for union certification and lowered threshold for decertification, along with its easing of restrictions on employer communications with employees. The court also held that the PSESA’s limitations on public sector employees’ right to strike are constitutional, on the ground that Canada’s Charter of Rights and Freedoms does not guarantee an employee’s right to strike. ..

Read More

Unsigned Beneficiary Designations May Still Be Enforced

If the beneficiary designation on a life insurance policy is unsigned or incomplete, it may still be enforceable in certain circumstances. Where the deceased had clearly intended to change the beneficiary on his life insurance policy but failed to sign or properly complete a beneficiary change form, and where the insurer had accepted the incomplete form and led the deceased to believe that it was good enough, the court ordered that the insurance proceeds be distributed as the deceased intended. ..

Read More

Lack of Response in Family Law Proceedings May Influence Costs Award

The respondent in a family law matter did not respond to the proceedings, failing to file any materials or appear at trial. The judge made an order of solicitor-client costs against him on the grounds that his refusal to file financial information may have robbed the petitioner and their children of property and support that they were entitled to receive. The judge also commented that if the respondent was disadvantaged by the lack of evidence in his favour, it was his own fault.  ..

Read More

Purpose of The Environmental Management and Protection Act, 2002 Clarified

In the context of a dispute regarding the removal of vegetation and addition of sand to a lake bank, the court found that the purpose of the Environmental Management and Protection Act, 2002 (the "Act") is to protect and preserve the existing ecological environment. As a result, any alteration of the existing natural state may be an "adverse effect" for the purposes of the Act. The Minister can issue an environmental protection order wherever he or she is of the opinion that such an adverse effect has taken place. ..

Read More

If a Miscellaneous Interest Lapses, a Claimant may still be Entitled to Register a Builders’ Lien

Where a party registers a miscellaneous interest against a property based on work done on that property, and that interest is lapsed, the party may still be entitled to register a valid builders’ lien against the property based on the same fact situation. However, there is no valid builders’ lien if there is no direct or indirect contractual relationship between the registrant and the owner or if the owner has not requested any improvements to the property. ..

Read More

Standard of Review for a Decision Taken by the Minister of Energy and Resources is one of Reasonableness

In the context of a comprehensive and technically complex scheme for the determination of royalties pursuant to The Crown Mineral Royalty Schedule 1986, the Saskatchewan Court of Appeal held that a decision of the Minster of Energy and Resources regarding the average sale price of all arm’s length sales of uranium was to be held to a standard of reasonableness on appeal, rather than a standard of correctness. ..

Read More