Law Society of Saskatchewan Archives for Saskatchewan Law Review Articles
Legal News (Legal Sourcery)
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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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December 2, 2020
Feng v. Saskatchewan (Economy): Denying a remedy for a breach of procedural fairness in the Saskatchewan Immigrant Nominee Program context
By Kali Stahl* On January 9, 2020, the Court of Appeal for Saskatchewan released its decision in Feng v. Saskatchewan (Economy). This comment discusses the Court’s decision to deny a remedy despite finding a breach of procedural fairness and, more importantly, addresses the Ministry of the Economy’s concerning arguments. I. THE CASE In its recent decision in Feng v....
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November 25, 2020
The Constitutionality of Section 33.1: A Never-ending Story?
By Fraser Duncan* This comment explores recent Charter challenges to s. 33.1 of the Criminal Code, which precludes the defence of self-induced intoxication for general intent, bodily integrity offences. The disparate outcomes in cases from Alberta, Saskatchewan, and Ontario highlight the need for further appellate intervention to clarify the state of the law. I. INTRODUCTION In recent decades, the defence...
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