Insights

Summary Judgment “Roadmap” Cited with Approval by Court of Appeal

The Court of Appeal for Saskatchewan provided some clarity about the process for evaluating a summary judgement application in the wake of recent a Supreme Court of Canada case and The Queen’s Bench Rules, which were updated in 2013.  ..

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Federal Government Has New Constitutional Jurisdiction for Non-Status Indians and Métis Peoples

The Supreme Court of Canada expanded the scope of the federal government’s constitutional relationship with Canada’s non-status Indian and Métis people in a long-running and much-anticipated decision in Daniels v Canada (Indian Affairs and Northern Development). The Honourable Madam Justice Abella authored the decision for a unanimous nine-justice Court.  ..

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Court of Appeal Considers Bhasin in Appeal of Business Sale Bonus

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.  ..

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Court of Appeal Upholds Verbal Agreement to Transfer Land

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.  ..

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Saskatchewan Amends Essential Services Legislation After Supreme Court Decision

On November 10, 2015, the Government of Saskatchewan passed Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015 (the “Act”). ..

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Carter v Canada (Attorney General): Physician-Assisted Dying to be Legal, but Law Unknown

In Carter v Canada (Attorney General), the Supreme Court of Canada reached a landmark decision regarding physician-assisted dying in Canada.  ..

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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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