The Court of Appeal for Saskatchewan took the opportunity to offer a few comments on the general organizing principle of good faith in contract law and the common law duty of honest performance in a recent case. ..
Posted on Friday, January 29, 2016
Verbal contracts for land that are partially performed can sometimes protect the would-be recipient of property if the transferor changes their mind. In Matovich Estate v Matovich, the Court of Appeal for Saskatchewan upheld a trial judgment that refused to allow a one-time owner of land the right to partition that land without the consent of the joint owners. ..
Posted on Thursday, January 07, 2016
On November 10, 2015, the Government of Saskatchewan passed Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015 (the “Act”). ..
Posted on Monday, November 16, 2015
In Carter v Canada (Attorney General), the Supreme Court of Canada reached a landmark decision regarding physician-assisted dying in Canada. ..
Posted on Thursday, October 29, 2015
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. ..
Posted on Monday, October 26, 2015
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. ..
Posted on Thursday, October 15, 2015
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. ..
Posted on Wednesday, October 07, 2015
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. ..
Posted on Friday, July 17, 2015
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. ..
Posted on Monday, July 06, 2015
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. ..
Posted on Monday, July 06, 2015