Insights

Court of Appeal Finds No Obligation to Generate Income from Divided Family Property

In Bergquist v Bergquist, the Court of Appeal for Saskatchewan rejected the argument that a recipient of family property through a property division must use that property to generate an income. ..

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Family Trust to Family Property: The Value of Trust Assets Can Be Divisible Under The Family Property Act

In Grosse v Grosse, the Saskatchewan Court of Appeal found that an interest in a discretionary trust held by a spouse was considered family property under The Family Property Act.  In this appeal, Mr. Grosse was found to have more than a contingent interest in the Grosse Family Trust.  Therefore, the value of the interest in the trust was considered family property and should be equally distributed between the parties.    ..

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Supreme Court of Canada Clarifies Claims of Constructive Dismissal

A recent decision of the Supreme Court of Canada addressed the issue of whether and in what circumstances a non-unionized employee who is suspended with pay may claim to have been constructively dismissed. The Court outlines the proper approach to analyzing such a claim. ..

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Interim Support Orders Do Not Bind Trial Judges

In Ford v Ford, the Court of Appeal for Saskatchewan considered an appeal by the father of the trial judgment concerning various issues relating to the break-up of his marriage, including the parenting regime, family property division, and spousal and child support. In its decision, the Court of Appeal set out the standard necessary at trial when reviewing interim orders of child and spousal support. The Court determined that when a party is arguing against the interim order, they do not have to demonstrate a material change, because the trial judgment is supposed to be based on the full body of evidence, not a review of the interim order. ..

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Saskatchewan Court of Appeal Awards Self-Represented Individuals Costs Beyond Out-of-Pocket Expenses

A recent decision by the Saskatchewan Court of Appeal made a significant change in the way costs may be awarded to self-represented litigants.  In Hope v Pylypow, the Saskatchewan Court of Appeal awarded costs to a self-represented couple, above and beyond their out-of-pocket expenses.  Previously, Saskatchewan case law has dictated that self-represented litigants were not to be compensated for any costs beyond their out-of-pocket expenses.  ..

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Court of Appeal Upholds Rejection of Unexecuted Planning Document

In Kube v Kube, the Saskatchewan Court of Appeal considered the requirements for when an unexecuted document can be considered a will.  This issue arose in the context of an application to admit such a document to probate. ..

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Protecting Competition in Canadian Markets: The Supreme Court of Canada Weighs in

In Tervita Corp v Canada (Commissioner of Competition), the Supreme Court of Canada interpreted which market effects the Commissioner of Competition (“Commissioner”) can consider when deciding to allow or reject a merger. ..

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Social Media and the Workplace: When Inappropriate Facebook and Twitter Posts can Result in Employee Termination

In Kim v International Triathlon Union, the British Columbia Supreme Court considered for the first time an employee dismissal matter involving both Facebook and Twitter posts. The plaintiff was a senior communications manager with the International Triathlon Union (ITU) whose duties involved issuing press releases, overseeing the social media accounts and attending various triathlon events. The plaintiff claimed she was suddenly dismissed without cause and provided with only two weeks salary. ITU claimed her behavior was insubordinate for months before her termination and in part had to do with her unprofessional social media communications about ITU and other triathlon events. ..

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Saskatchewan Court of Appeal Applies Recent Supreme Court Jurisprudence on Commercial Contract Interpretation

The Saskatchewan Court of Appeal in Directcash Management Inc. v Seven Oaks Inn Partnership applied the new guidelines for the interpretation of contracts set by the Supreme Court of Canada. In Sattva Capital Corp. v Creston Moly Corp., the Supreme Court determined that contractual interpretation involves issues of mixed fact and law, whereby the objective intentions of the parties is determined in light of the consideration of the surrounding circumstances. Further, as contractual interpretation is considered a question of mixed fact and law, the standard of review for an appellate court is one of whether a palpable and overriding error was committed at trial. ..

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Federal Court of Appeal Criticizes Undue Delays in Access to Information of Federal Records

In Canada (Office of the Information Commissioner) v Canada (National Defence), the Federal Court of Appeal upheld the Information Commissioner’s appeal for the judicial review of the Department of National Defence’s (DND) response to an access to information request. ..

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