From the Court of Queen’s Bench of Saskatchewan
The Court of Queen’s Bench has amended its Rules of Court with respect to the discount rate to be used in calculating the amount of an award for future pecuniary damage, as well as the life expectancy of an individual. The amendments come into effect on September 1, 2017. The amendments can be found on the Court’s website.
As I mentioned in a previous post, the fact situation and outcome of Conduct Reviews are published anonymously on the Law Society website in our Conduct Review Database. A Conduct Review is a face to face meeting with a member who is the subject of a complaint that raises conduct issues ‘close to the line’ of conduct unbecoming. The meeting is meant to assist the member identify and accept responsibility for the conduct that caused concern, to learn from the complaint and Conduct Review, and to change their conduct to proactively prevent similar situations in the future. The Conduct Reviews are published to provide guidance to the profession. Below is a recent Conduct Review:
Category: Misleading/Failure to Respond
Practice Area: Family Law
Code: 4.1-2; 5.1-2(e); 7.1-1
E-cite: 2017 SKLSCR 1
Date: July 31, 2017
Member A represented Client A in a family law litigation matter. Member B represented Client B. A pretrial conference was scheduled. Prior to the Pre-trial, Member B emailed Member A with a letter of opinion from a real estate agent regarding the value of property that was in contention in the litigation. Member A replied and indicated that Member A was contemplating have Appraiser X conduct an appraisal of the property. Subsequently, an arrangement was made to have Appraiser X attend at the property.
Appraiser X attended and prepared an appraisal. It was a quick turnaround at the parties’ request. Appraiser X emailed Member A the appraisal nine days before the pretrial conference and likely mailed a hard copy the same day, but was unable to confirm the mailing.
Member A denied receiving the hard copy until after the pretrial conference and denied seeing the emailed copy as well until after the pretrial conference. He states that the email went to his “junk email” box and was not read until after he received the hard copy in the mail.
The day before the pretrial conference, Member B emailed Member A asking about the appraisal. No reply was provided. At the pretrial conference, Member A is alleged to have told the presiding Pretrial Judge and Member B that he did not have the appraisal. Member A indicates that he does not recall saying this.
The parties entered into a settlement at the pretrial conference that was later challenged due to the subsequent discovery of the appraised value of the property.
The Conduct Investigation Committee determined that the fact that an appraisal was commissioned and rushed for the pretrial conferences raised serious doubt as to the knowledge of Member A of the appraisal or at least as to his diligence in preparing for the pretrial conference. The Conduct Investigation Committee believed that Member A could have done more to determine the status of the appraisal report before the pretrial conference and this is of concern.
Further, the Conduct Investigation Committee felt Member A was less than compliant with the Committee in responding to requests to discuss the matter further with Member A.
Accordingly, the Conduct Investigation Committee recommended a “Conduct Review” to discuss Member A’s conduct on the file and Member A’s dealings with the Committee.
The Conduct Review Committee met with the Member and reviewed the report of the CIC. They spoke candidly about its concerns with the Member’s role in the fact situation and the lack of diligence and attention paid to the Conduct Investigation Committee. Member acknowledged these concerns and apologized for them.
The Conduct Review Committee specifically outlined the need for future diligence in attending file matters and in all dealings with the Law Society. A busy practice or life is no excuse for failing to immediately and fully cooperate with the Law Society. Member A made a commitment to meet his duty in the future.
By Kelly Laycock
For a few years now, we’ve been receiving requests for an electronic copy of our popular Saskatchewan Queen’s Bench Rules Annotated. We heard you, and at long last, that wish is now fulfilled! The Law Society Library has partnered with Emond Publishing to be able to offer our members a high-quality pdf ebook that can be downloaded to your laptop, your tablet, or your phone! Visit www.emond.ca to purchase the QBRA ebook now! For more details on how to download it to the device of your choice, visit http://www.emond.ca/products/ebooks.html.
For those of you who want to try the ebook but also want the reliable print paperback for your office, we have a bundle that will save you some cash. Or, you can still order the paperback on its own. It’s really up to you!
To see all your options, take a look at our order form, and if you have any questions, give us a call at 1-877-989-4999. We are happy to help you decide what package will work best for you and your entire office. The paperback QBRA will be available later this month.
FEATURES of the 2017-2018 Saskatchewan Queen’s Bench Rules Annotated:
- Updated content to Saskatchewan Gazette Volume 113, No. 19
- Case law current to March 2017
- Full index, tariff of costs, historical concordance from 1961, tables of cases, statutes and authorities
- All annotations and updates by Christine Johnston, BEd, LLB
- Up-to-date QB forms are available in Word and PDF at www.lawsociety.sk.ca
By Sarah Roussel-Lewis
Some interesting reads to help you ease into your week:
- Access to abortion pill in Sask. unclear (CBC)
- Enough With “The Law Society of Upper Canada” (Slaw)
- Personal Liability Under Canada’s Anti-Spam Law (Slaw)
- Regina lawyer calls for health officials to remedy water shortage at Mosaic Stadium (Global News)
- Saskatchewan appeal court rules on legal fees dispute over residential schools (Global News)
- Saskatchewan Premier Brad Wall retiring from politics (CBC)
Over the summer, we will be highlighting Legal Sourcery’s most popular research tips. On that note, here are Legal Sourcery’s most popular judicial consideration tips:
- Noting Up Case Law: Saskatchewan Cases, part 1
- Noting Up Case Law: CanLII, part 2
- Noting Up Case Law: Canadian Case Citations, part 3
- Noting Up a Statute: Saskatchewan Cases, part 1
- Noting Up a Statute: Canadian Statute Citations, part 2
- Noting Up a Statute: CanLII, part 3
- Judicial Considerations of Court Rules
If you have any research questions, ask a Law Society Librarian! We are pleased to provide high-quality legal research services to Saskatchewan members in person, on the telephone, or by email.
Call 306-569-8020 in Regina
By Sarah Roussel-Lewis
Volume 75, Number 4 (July 2017)
- On the Front Cover: The Honourable Marion J. Allan / Mary Ellen Boyd, Bruce Preston and Mark Weintraub
- Family Justice Reform in British Columbia and the Northern Navigator Initiative: A Preliminary Review / Nicole Garton
- The Wit and Wisdom of Mr. Justice Quinn / Georgialee Lang
- What Every Law Office Can Do to Help the Unrepresented Litigant / Marlene Russo
- Rise of the Artificial Intelligence Author / James Wagner
- Equustek: In Reply / Chris Wilson
- Treating “My Friend” Like My Foe: Incivility in the Courtroom / Anna Wong
- The Wine Column / Michael Welsh
- News from CLEBC Society / Ellen Zheng
- A View from the Centre / Carl Nilsen, John S. Logan and Adrian C. Armstrong
- Lap Notes / Bena Stock
- Peter A. Allard School of Law Faculty News / Abby Blinch
- UVIC Law Faculty News / Julie Sloan
- TRU Law Faculty News / Bradford W. Morse
- Nos Disparus / Norman D. Mullins
- New Books and Media / David Roberts
- Legal Anecdotes and Miscelanea / Gordon Turriff
- From our Back Pages: The Judges’ Magic Glasses / Lloyd McKenzie
The Advocates’ Quarterly
Volume 47, Number 1 (June 2017)
- A Review of the Mutual Wills Doctrine: Applicability of the Doctrine and Available Damages for Breach of a Mutual Wills Agreement / Andrea Buncic
- A Brief History of Arbitration / William G. Horton
- The Impact of Alternative Fee Structures on Settlement / Caroline E. Abela and Nabila Khan
- Two Heads are Better Than One: A Settlement Counsel Primer / Mitchell Rose and Paul Neil Feldman
- Punctuating Social Trends: Re-Examining Reibl v. Hughes and the Emergence of the Docrine of Informed Consent in Canadian Law / Yola S. Ventresca
- Duties of Care Owed by Public Bodies – A Different Perspective / Hillel David, W. Paul McCague and Peter F. Yaniszewski
- Dealing with Incivility from Other Counsel / Mana Khami
- The Characterization of Structured Settelement Payments in Divorce: Hunks v. Hunks / Brittany C. Gillingham
- Improving the Effectiveness of the Constitutional Damages Remedy: Vancouver (City) v. Ward / Justin Safayeni
Canadian Criminal Law Review
Volume 22, Number 2 (June 2017)
- The (Differential) Utilization of Conditional Sentences among Aboriginal Offenders in Canada / Andrew A. Reid
- Défendre un accuse pendant un procès pour genocide, crimes contre l’humanité et crimes de guerre au Canada : mission impossible? / Fannie Lafontaine et Fabrice Bousquet
- Hope for Murderers? International Guidance on Interpreting the Protecting Canadian by Ending Sentence Discounts for Multiple Murders Act / Derek Spencer
- Gilles Renaud, Book Review of Cross-Examination: The Art of the Advocate by Roger E. Salhany and W.V. Clifford (2017) 22:2 Can Crim L Rev 235
Canadian Family Law Quarterly
Volume 36, Number 2 (June)
- Arbitration of Family Law Disputes in British Columbia / John-Paul Boyd
- The Child and Family Services Act in Relation to Indigenous Children: Does it Measure up to the Truth and Reconciliation Commission Report? / Hilary Brown
- Keeping it in the Family: A Case Against the Retroactive Disclosure of Adoption Records / Justin Abrioux
- Balec v. Baggott: The Child’s Perspective in Determining Habitual Residence / Martha Bailey
- Mitchell McInnes, Book Review of Schwisberg: Swarm Before Me (2017) 36:2 Can Fam LQ 233
Canadian Journal of Criminology and Criminal Justice
Volume 59, Number 3 (July 2017)
- Race Matters: Public View on Sentencing / Anne-Marie Singh and Jane B. Sprott
- Aboriginal Incarceration in Canada since 1978: Every Picture Tells the Same Story / Julian V. Roberts and Andrew A. Reid
- The Social Environment of Daily Life and Perceptions of Police and/or Court Discrimination among African, Caribbean, and Black Youth / Amy Peirone, Elanor Maticka-Tyndale, Kenny Gbadebo, and Jelani Kerr
- Visitor Inflows and Police Use of Force in a Canadian City / Rémi Boivin and Patricia Obartel
- Traitement des plaints d’agression sexuelle envers les enfants dans le système de justice criminal Québécois / Agnès Alonzo-Proulx et Mireille Cyr
Canadian Journal of Family Law
Volume 30, Number 1 (2017)
- Family Violence and Evolving Judicial Roles: Judges as Equality Guardians in Family Law Cases / Donna Martinson and Margaret Jackson
- Addressing Controversies About Esperta in Disputes Over Children / Nicholas Bala, Rachel Birnbaum, and Carly Watt
- A Feminist Critique of Quevec v. A: Evaluating the Supreme Court’s Divided Opinion on Section 15 and Common Law Support Obligations / Natasha Nukhtar
- Brenda Cossman, Book Review of Autonomous Motherhood? A Socio-Legal Study of Choice and Constraint by Susan B. Boyd, Dorothy E. Chunn, Fionar Kelly, and Wanda Wiegers (2017) 30:1 Can J Fam L 157
Family Justice Services is offering Parenting After Separation and Divorce Program at these locations in August 2017:
Regina – Saturday, August 12 and Monday, August 21, 9:00 am to 4:00 pm
Weyburn – Saturday, August 19, 9:00 am to 3:00 pm
Yorkton – Saturday, August 19, 9:00 am to 3:00 pm
These public information sessions are intended to help people who are considering or may be in the separation/divorce process. Topics of discussion include:
- Options for resolving disputes and stages of separation and divorce: Presentation of the various stages, losses and changes experienced by separating or divorcing couples. Discussion of the options available for dispute resolution. Information of Child Support Guidelines.
- Children’s reaction to separation/divorce: Discussion of how children may react at different developmental ages. Video presentation in which children talk about their personal experience of separation and/or divorce.
- Challenges to parenting post separation/divorce: Presentation on changing family structure and roles. Emphasis on communication and keeping children out of the middle of parental conflict. Discussion video.
There is no fee for these sessions but registration is mandatory. To register, call (306) 787-9905 in Regina or toll-free 1-888-218-2822. Location will be provided when you register. Classes are for adults only. No child care will be provided.
(Scent free facilities)