Law Society of Saskatchewan Archives for Saskatchewan Law Review Articles
Legal News (Legal Sourcery)
Legal Sourcery is the award winning, top legal news source in Saskatchewan. Find the latest Law Society updates and information from the Saskatchewan legal community.
February 2, 2022
A Saskatchewan Contribution to Enduring Inconsistencies in Bail Law
Kane Fritzler* (from Saskatchewan Law Review) Summary The inconsistent application of bail law across provinces and territories has resulted in increased guidance from the Supreme Court of Canada, most recently in the decision of R v Zora, which focuses on appropriate conditions of pre-trial release. Since bail law is largely conducted at the trial level, the effect of this...
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November 15, 2021
Pandora’s Box: Litigation and Regulation of Videogame Loot Boxes
Corbin Golding* Summary: Videogame loot boxes, randomized packages of in-game items purchased with real or virtual currency, are a growing source of litigation and legislation around the world, including a recent Canadian lawsuit against a major videogame publisher. Loot boxes’ similarities to gambling have been noted by numerous psychological studies and have already led some European nations to sweep them...
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November 8, 2021
Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd.: Narrow Clarifications and Broad Baseline Setting
William Hampton* SUMMARY Canadian Pacific Railway Company v Kelly Panteluk Construction Ltd. was handed down at a transitional moment in the landscape of construction law in Saskatchewan. The decision will also serve as a legal baseline going forward into the incoming prompt payment regime, as it clarifies elements of procedure and application of the statutory holdback and trust provisions of The Builders’...
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September 28, 2021
Mixed Messaging? Intimate Partner Violence Sentencing Amendments to the Criminal Code
Ashley Fulton* SUMMARY This comment discusses recent amendments to the Criminal Code[1] that added new intimate partner violence sentencing provisions, which came into force through An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.[2] The Department of Justice described the purpose of the amendments as...
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July 27, 2021
1688782 Ontario Inc. v Maple Leaf Foods Inc.: Limiting Duty of Care in Cases of Pure Economic Loss
Brenden Cowlishaw* SUMMARY This comment discusses 1688782 Ontario Inc. v Maple Leaf Foods Inc., a Supreme Court of Canada five to four ruling released on November 6, 2020. While denying that the supplier owed a duty of care to the franchisee, the Court revised and clarified several areas of pure economic loss in negligence law. I. BACKGROUND INFORMATION On...
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June 28, 2021
Catching the Middleman: Amendments to Money Laundering Provisions of the Criminal Code
From Saskatchewan Law Review Gabriel Simons* SUMMARY A recent Criminal Code amendment may drastically change how money laundering will be investigated and prosecuted in Canada. Now, when concealing or converting funds, rather than being required to know the property in question is the proceeds of crime, one only needs to be reckless as to the origin of the property...
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May 10, 2021
Limitation Periods, Payment for Extras, and Construction Litigation: A Comment on Saskatchewan (Highways and Infrastructure) v Venture Construction Inc.
Matthew M. Scott* In a dispute surrounding a construction contract containing a “payment for extras” clause, does a contractor’s loss occur when they do the extra work, or when they are denied compensation? This question has crucial implications with respect to limitation periods, and the Saskatchewan Court of Appeal recently weighed in with an unintuitive, but helpful answer. I....
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March 31, 2021
SK Law Review – The Persistent Jurisprudential Muddle: Determining the Standard of Review for Procedural Fairness in Saskatchewan
Levi Graham* What is the standard of review for procedural fairness? Strong jurisprudence from the Federal Courts suggest that the standard of review for procedural fairness remains uncertain. The Court of Appeal for Saskatchewan has indicated its preference for the side of “correctness.” Nevertheless, the issue remains far from resolved in Saskatchewan. I. THE STANDARD OF REVIEW FOR...
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March 23, 2021
SK Law Review – R. v. Poulin: Muddled adjudication; but adjudication, nonetheless
Travis Smith* Summary In this blog post, a brief analysis of the Supreme Court of Canada’s recent R. v. Poulin decision brings forward concerns of what appears to be incomplete and inconsistent reasoning processes in both the majority and dissenting reasons. These concerns arguably impugned the Court’s efficacy in fulfilling its duty to bring clarity to the law in...
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December 9, 2020
Access to Legal Services, Limited Licences to Practice Law, and the Protection of the Public: A Discussion of Law Society of Saskatchewan v. Zielke and Recent Amendments to The Legal Profession Act, 1990
NOTICE: The following article discusses the case of Law Society of Saskatchewan v. Zielke 2019 SKQB 166. The article was written and published at a time prior to the determination of an appeal of that case. On appeal, the decision discussed in the article was overturned. The decision of the Court of Appeal is available here: Zielke v. Law Society...
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