New Journal Issues- July 2019

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By Sara Stanley

The Advocates’ Quarterly
Volume 50, Issue 1 (June 2018)

  • Ethical Issues for Judges Attending and Presenting at Conferences / Stephan G.A. Pitel
  • Reviewing the Reviewer: The Role of Appellate Courts in Judicial Review / Ashley Bowron
  • Social Host Liability Revisited- The Continuing Negative Influence of Childs / Hillel David and Annette Uetrecht-Bain
  • Fiduciary Compensation and Passing of Accounts / Albert H. Oosterhoff
  • Social Media Discovery and Civil Litigation in Canada / Alexander J. Swabuk
  • Civil Appeal Routes in Ontario / Joshua J.A. Henderson
  • Structures Settlements and the Role of the Structure Specialist / Nadine Paralovos

Canadian Business Law Journal
Volume 62, Number 1 (June 2019)

  • “Measure Once, Cut Twice”: Weyerhaeuser Company Ltd. v. Ontario (Attorney General) and the Interpretation of Indemnities / Douglas Sarro and Paul J. Davis
  • The Limits of Ledcor: Persisting Problems with the Interpretation of Standard Form Contracts / Peter Roy Cotton-O’Brien and Calvin Hancock
  • As Canadian as Apple Pie: A Critique of the OSC’s Adoption of Whistleblowing Bounties under Policy 15-601 / L. Daniel Wilson
  • Current Approaches to Contractual Interpretation: Ambiguity and Palpable and Overriding Error / Arnie Herschorn

UBC Law Review
Volume 52, Number 2 (June 2019)

  • Unmixing the Mixed Questions: A Framework for Distinguishing Between Questions of Fact and Questions of Law in Contractual Interpretation / Daniele Bertolini
  • Aboriginal title and Controlling Liberalization: Use it Like the Crown / Sari Graben and Christian Morey
  • Regulatory Capture and the Role of Academics in Public Policymaking: Lessons from Canada’s Environmental Regulatory Review Process / Jason MacLean
  • Terrorism Sentencing Decisions in Canada since 2001: Shifting away from the Fundamental Principle and Towards Cognitive Biases / Michael Nesbitt, Robert Oxoby, and Meagan Potier
  • Child Placement and the Legal Claims of Foster Caregivers / Wanda Wiegers
  • Exclusively Yours: Reconsidering Interjurisdictional Immunity / Kerry Wilkins

Windsor Review of Legal and Social Issues
Volume 40 (May 2019)

  • The Milkmaid’s Tale: Veganism, Feminism, and Dystopian Food Futures / Angela Lee
  • Re(de)fining Prostitution and Sex Work: Conceptual Clarity for Legal Thinking / Debra Haak
  • Freedom of Association and Indigenous Governance / Kate Scallion
  • Mind the (Liability) Gap: The Relevance of the Duty of Care to Hold Transnational Corporations Accountable /Adeline Michoud
  • Wait and See: Regulating Ontario’s Litigation Lending and Commercial Litigation Funding Markets / Josh Tayar

Canadian Tax Journal
Volume 67, Number 2 (2019)

  • An Empirical Analysis of the Displacement Effect of TFSAs on RRSPs / Leslie Berger, Jonathan Farrar, and Lu Zhang
  • Structural and Long-Term Fiscal Consequences for the Federal Government- Some Observations and Advice / Francis Fong and Fred O’Riordan
  • Finances of the Nation: Taxation of Top Incomes in Canada- Recent Developments in Rates and Redistribution / Michael Smart
  • Current Cases: (TCC) Loblaw Financial Holdings Inc. v. The Queen; (TCC) Monsell v. The Queen / Steve Suarez and Ehsan Wahidie
  • International Tax Planning: The Stop-Loss Rules and Corporate Reorganizations- Interpretive Challenges / Ian Bradley and Jonathan Bright
  • Personal Tax Planning/ Planification fiscale personnelle : GILTI- Introduction to GILTI and Its Application to US Shareholders of Canadian Corporations / GILTI- Introductions au GILTI et à son application aux actionnaires Américains de sociétés canadiennes / Michael Pereira, Pinaki Gandhi, and Hena Park
  • Selected US Tax Developments: Avoiding the “Commercial Activity” Traps for Foreign Sovereigns Investing in US Real Estate / Michael J. Miller
  • Current Tax Reading / Robin Boadway and Kim Brooks

Commonwealth Law Bulletin
Volume 44, Number 2 (June 2019)

  • Two Steps Forward and Ten Steps Backwards: A Retreat from Shareholder Value Primacy, Stakeholder Theory, Creditors and Directors Duties in the Commonwealth Caribbean / Taneisha P. Brown
  • Constitutionality of ‘Bride Price’ in Nigeria: Echoes from the Supreme Court of Uganda / Samuel Ihuoma Nwatu and Edwin Ifeanyi Nwogugu
  • Private Prosecution in Singapore: Understanding Locus Standi and Measures in Place to Minimise Abuse / Jamil Ddamulira Mujuzi
  • Enforceability of Foreign Copyright in Nigeria: A Review of the Court of Appeal’s Decision in Microsoft v. Franike / Cynthia Onyinyechi Igodo
  • Privacy in Commonwealth Caribbean Law: Emerging Trends in the Protection of Sexual Citizenship / Westmin R.A. James
  • Need for Standardizing Performance Evaluation Criteria for Judicial Magistrates in India / Dr. Geeta Oberoi
  • Bermuda Triangle: The Supply of Services (Implied Terms) Act 2003 and the Competing Theories of Exemption Clauses / Juliette McIntyre
  • Book Review: Privy Council Practice / Gregory Tardi

The Advocate
Volume 77, Part 4 (July 2019)

  • On the Front Cover: William S. Bernardino, Q.C. / David Harris, Janet Winteringham, Mark Andrews, and Andi MacKay
  • Jurisdictional Issues raised by British Columbia’s New Motor Vehicle Regime and the Balance Between Cost, Efficiency and Access to Justice / Michael Thomas and Drummond Lambert
  • Is Password Compulsion Constitutional in Canada? Two Views / Robert Diab and Marshall Putnam
  • Mental Illness: Let’s See It as a Strength, Not a Liability / Anna S. P. Wong
  • Similar Facts / Oliver Butterfield
  • Komagata Maru: “A Grand Scene on a Blue Stage”- Part II / Ludmila B. Herbst

What are you doing this summer? – CPD Summer Replay Series

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Jakaeden Frizzell, CPD Program Coordinator

Summer can be a busy time between work, vacations to the lake, and all that patio weather. The CPD Department has traditionally gone quiet during these months, working through our planning for the fall activities and looking ahead to the new year. While we do offer recorded, OnDemand versions of many of our past activities, the Law Society has a goal to increase ease of access for our members with the intent of raising competency and helping members reach their quota of mandatory CPD hours. This August the Law Society is offering replays of four popular webinars that will be broadcasted over the noon hour every Wednesday throughout the month! Check them out below:

Who do you “Trust”? Guidance on the use and impact of Trust Conditions (CPD-182)

August 14, 12:00-1:00 PM

1 CPD Hour, all of which qualifies for Ethics

“The webinar provided some good points of practical advice for making and accepting trust conditions.”

“Clear, concise and informative. I appreciate the tips that can be applied to my own practice.”

Info & Registration

Artificial Intelligence for Lawyers: Why it Matters to You and Your Success (CPD-219)

August 21, 12:00-1:00 PM

1 CPD Hour, 0.5 of which qualifies for Ethics

“It was an excellent reminder that lawyers need to look forward and think differently about how they can better provide legal services. If we don’t, others will.”

“Area of technology and law that I hadn’t given much thought to before, and I can certainly see how new AI technology will become more and more relevant in the future.”

Info & Registration

Creating and Managing a Digital Practice (CPD-191)

August 28, 12:00-1:00 PM

1 CPD Hour, all of which qualifies for Ethics

“This webinar opened my mind to the potential ways to make my own practice more digital.”

“Suggested solutions can be implemented by someone without spending big $ on the purchase of a document management system.”

Info & Registration

Don’t miss this convenient opportunity to get in your CPD hours! For any questions, comments, or suggestions for future replay webinars please contact Jakaeden Frizzell, CPD Program Coordinator, at jakaeden.frizzell@lawsociety.sk.ca.

Provincial Court Judge Appointed in Prince Albert

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First reported on the Government of Saskatchewan News and Media page.

The Government of Saskatchewan is pleased to announce the appointment of Thomas Healey as a judge to the Provincial Court in Prince Albert.

“Judge Healey will make a fine addition to our Provincial Court bench,” Justice Minister and Attorney General Don Morgan said.  “His experience as a Crown Prosecutor will be a great asset to him in this position, and to the community of Prince Albert.”

Judge Healey received a law degree from the University of Saskatchewan in 1994.  He commenced his articles with the Crown Life Insurance Company.  After concluding his articles, he began his career as a lawyer with Mills, Wilcox and Zuk before moving to the Annand Law Office in Melfort in 1997.  Since 2005, Judge Healey has served as a Crown Prosecutor in Melfort, where he has been primarily focused on criminal law.

Judge Healey has been committed to his community throughout his career.  He has coached community soccer teams and is an active member of the Park Avenue Bible Church in Melfort, where he has served as an Elder, Deacon and Moderator.  Judge Healey also served two terms as a Bencher on the Law Society of Saskatchewan.

Historical Table of Public Statutes 1909–1978 Now on CanLII

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We proudly announced at the end of July the launch of the Historical Table of Public Statutes 1909–1978. This resource was painstakingly compiled and donated to the Law Society by Merrilee Rasmussen, Q.C. with the intention of reducing the time needed to conduct legislative research. Please see our previous blog post describing the process and project in more detail.

Now we are especially proud to announce that the resource is now available on CanLII. We hope that this makes this useful resource more accessible and easier to use. Please see the Commentary section for the Historical Table and other resources provided to CanLII by the Law Society, including Civil Appeals in Saskatchewan: The Court of Appeal Act & Rules Annotated and the Saskatchewan Builders’ Lien Manual.

Federal Proclamations

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In case you missed them, here is a roundup of federal proclamations during the month of July:

  • Accessible Canada Act, SC 2019, c 10

The Accessible Canada Act, SC 2019, c 10, except s 206, which came into force on assent, is proclaimed into force July 11, 2019 (PC 2019-1042).

  • Budget Implementation Act, 2017, No. 1, SC 2017, c 20

Sections 318(1), 320(1), 322(1), 323, 324(2), 325(1), 325(2), 326 to 328, 329(1), 329(2), 330 to 337, 338(1), 339 to 349, 351 to 355, 356(2), 356(3), 363(8), 364(2), 365, 368(1), 370, 378 to 383, 387, 391 to 397 of the Budget Implementation Act, 2017, No. 1, SC 2017, c 20, are proclaimed into force July 29, 2019 (PC 2019-1110).

Sections 318(2), 319, 338(2), 356(1) and 384 of the Budget Implementation Act, 2017, No. 1, SC 2017, c 20, are proclaimed into force July 29, 2019 (PC 2019-1110).

  • Budget Implementation Act, 2019, No. 1, SC 2019, c 29

Division 10 of Part 4 of the Budget Implementation Act, 2019, No. 1, SC 2019, c 29, is proclaimed into force July 10, 2019 (PC 2019-1053).

Division 19 of the Budget Implementation Act, 2019, No. 1, SC 2019, c 29, is proclaimed into force July 9, 2019 (PC 2019-1050).

Sections 9 to 12 of the Poverty Reduction Act, as enacted by s 315 of the Budget Implementation Act, 2019, No. 1, SC 2019, c 29, are proclaimed into force July 9, 2019 (PC 2019-1046).

  • National Security Act, 2017, SC 2019, c 13

Part 1.1 other than s 49.2, and Sections 94, 96, 97, 102, 107, 108, and the provisions enacted by them, and ss 110, 111, 128, 129(1), 131, 134, 135, 137(2), (4), (5), (7) and 139 of the National Security Act, 2017, SC 2019, c 13, are proclaimed into force July 13, 2019 (PC 2019-1092).

Section 101 of the National Security Act, 2017, SC 2019, c 13, is proclaimed into force on the later of the day after the day on which the Order is made and the day after the day fixed under section 169 of the Act (PC 2019-1092).

Part 3, other than ss 83, 90 and 91, which came into force on assent of the National Security Act, 2017, SC 2019, c 13, is proclaimed into force August 1, 2019 (PC 2019-1091).

Parts 1 and 2 other than ss 48, 49, 74 and 75 of the National Security Act, 2017, SC 2019, c 13, are proclaimed into force July 12, 2019 (PC 2019-1088).

Law Grad Receives Scholarship

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The 2019 E.M. Culliton Scholarship has been awarded to Ellen Bolger, currently in Vancouver, in the amount of $7,000.

Ellen Bolger graduated from the College of Law, University of Saskatchewan, in June 2017. She has completed her articles and has been offered admission to the graduate studies program at the University of British Columbia.

Ms. Bolger’s thesis will focus on the application of administrative law principles in correctional institutions in Canada; specifically, the level of deference accorded to institutional decision-makers by Courts of review.

The E.M. Culliton Scholarship was established in 1981 in honour of the former Chief Justice of Saskatchewan. It is awarded to graduates of the College of Law at the University of Saskatchewan for the pursuit of graduate studies in criminal law.

Recipients are selected on the basis of exceptional academic record, research potential and exceptional service to the practice of law in Saskatchewan.

Mandatory Alternative Dispute Resolution in Family Matters

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In Spring 2018, Bill 97, The Arbitration (Family Dispute Resolution) Amendment Act, 2017 and Bill 98, The Miscellaneous (Family Dispute Resolution) Amendment Act, 2017 were passed in the Legislative Assembly. The Acts added provisions to The Children’s Law Act, 1997, The Family Maintenance Act, 1997, The Family Property Act and The Queen’s Bench Act, 1998 to recognize and promote early dispute resolution. The Acts also added provisions to The Arbitration Act, 1992 to facilitate the use of arbitration in family law disputes.   

The amendments to The Queen’s Bench Act, 1998 will require parties in certain family law proceedings to make efforts to resolve disputes through an approved dispute resolution process before proceeding with the court process.

If parties have not already participated in dispute resolution prior to filing court pleadings, they must do so before moving ahead with the court process. The amendments provide that the following processes fall within the definition of “family dispute resolution”: the services of a family mediator, family arbitrator or parenting coordinator, other collaborative law services or any other process or service prescribed.

Regulations setting out the training and experience required to be a family arbitrator or parenting coordinator for the purpose of meeting the mandatory ADR requirement came into force on July 15, 2019, together with the applicable amendments to The Children’s Law Act, 1997, The Family Maintenance Act, 1997, and The Arbitration Act. The ministry has been receiving applications from individuals who wish to be recognized as a family arbitrator or parent coordinator. Members of the public may choose to use, or be ordered to use, a parent coordinator or family arbitrator as of July 22, 2019. Note that the requirement to use a family dispute resolution service before proceeding with a court application is not yet in force. The Ministry of Justice and Attorney General is preparing regulations setting out the training and experience required to be a family mediator and collaborative lawyer for the purpose of meeting the requirements of the new legislation. Once these Regulations are finalized, they will be brought into force along with the mandatory ADR requirement set out in the amending legislation. The mandatory ADR requirement will be piloted in one judicial centre before it is expanded province-wide.  

If you have any questions, please contact Itee Umoh at Itemobong.umoh@gov.sk.ca.