Month: November 2017

New Small Claims Legislation

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Melanie Hodges Neufeld

As noted on the government’s website,  new small claims legislation will come into force on January 1, 2018. The government news release states:

The legislation is the result of recommendations that came out of the small claims review that took place in 2015.

“This new legislation fulfills our commitment to review and improve the small claims process as part of our ongoing efforts to improve access to justice in this province,” Justice Minister and Attorney General Don Morgan said.  “With this legislation, we’re hoping to make the small claims process easier to navigate and less costly for the people of Saskatchewan.”

The Small Claims Act, 2016 will replace the current Small Claims Act, 1997.  Changes to the legislation will modernize and prevent abuse of the small claims process, and encourage parties to resolve disputes in a timely, more cost-effective manner.  Measures will continue to be put in place to assist self-represented litigants, including the ability to submit documentation by email or regular mail in appropriate circumstances.

Other notable updates include expanded authority for the Small Claims Court to order costs against parties and make findings of contempt in appropriate circumstances, and a new requirement for defendants to file a reply to a claim.

The first changes to the small claims process resulting from the review were made in February 2016, when government increased the maximum limit for small claims judgments from $20,000 to $30,000.

Small claims actions in Saskatchewan fall under the jurisdiction of the Provincial Court.

 

Saskatchewan Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 113 No. 46, November 17, 2017:

  • SR 111/2017 The Ministry of Social Services Amendment Regulations, 2017
  • SR 112/2017 The Ministry of Education Amendment Regulations, 2017
  • SR 113/2017 The Public Health Appeals Amendment Regulations, 2017
  • SR 114/2017 The Adoption Amendment Regulations, 2017
  • RS 114/2017 Règlement modificatif de 2017 sur l’adoption

The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 113 No. 45, November 10, 2017:

  • SR 110/2017 The Short Line Railway Financial Assistance Repeal Regulations

 

Victor P. Dietz, Q.C. Pro Bono Service Award Nominations Open

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By Carly Romanow
Executive Director & Staff Lawyer

Pro Bono Law Saskatchewan

For several years Pro Bono Law Saskatchewan and the Law Society of Saskatchewan have jointly presented an award to recognize outstanding pro bono contributions in the province.  With the blessing of Victor P. Dietz, Q.C.’s  family and his friends at Olive Waller Zinkhan & Waller LLP, a decision has been made to name the award in Vic’s honour.  The award will now be the “Victor P. Dietz, Q.C. Pro Bono Service Award”. Vic was a founding Director and the President of PBLS from its inception until 2013 when he retired after serving the maximum number of terms allowed on the Board.  After his retirement from the Board, Vic continued to support PBLS in many ways, including as a mentor to staff, an advisor to the Board, and a donor. Nominations for the award are due January 5, 2018.

Remaining CPD Events for 2017

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Need a few extra credits before the end of the year? Check out the upcoming CPD events offered by the Law Society, including one for free!

Webinar: R v Jordan – Legal and Practical Implications (CPD-179)

This webinar is being held on:
Thursday, November 30, 2017  from 12pm to 1pm (Sask. Time) | Qualifies for 1 CPD hour

On July 8th, 2016, through R v Jordan, 2016 SCC 27, the Supreme Court of Canada significantly changed the way by which section 11(b) unreasonable delay Charter applications are to be analyzed in criminal proceedings. Instead of assessing and weighing a variety of factors to determine whether there is unreasonable delay in any one case, the Supreme Court simplified the analytical framework so that the length of delay in any one case is to be compared against a presumptive ceiling of reasonableness: 18 months for cases in provincial court; 30 months for cases in superior courts. This webinar explores some of the issues arising out of Jordan, including how our legal system and its players have been adapting to the pressures imposed by the presumptive ceilings. Both legal and practical issues will be canvassed.

The webinar is presented by Adryan J.W. Toth, an associate with MLT Aikins LLP practicing in the areas of civil, constitutional and criminal litigation.

For more details and to register, click here: R v Jordan – Legal and Practical Implications

Webinar: Application of the First Nations Commercial and Industrial Development Act in Saskatchewan (CPD-185)

This webinar is being held on:
Wednesday, December 6, 2017 from 12pm to 1pm (Sask.Time) | Qualifies for 1 CPD hour

Sonia Eggerman will be touching on:

  • Saskatchewan’s experience in negotiating two arrangements under the First Nations Commercial and Industrial Development Act (FNCIDA) with Canada and Saskatchewan First Nations
  • FNCIDA provides legal certainty with respect to the application of provincial laws for on-reserve developments including a proposed solution potash mine and a hydroelectric dam
  • A discussion of the “Regulatory Gap”
  • Challenges, opportunities and lessons learned

The webinar is presented by Sonia Eggerman, Senior Crown Counsel in the Constitutional Law Branch for the Ministry of Justice and Attorney General, Government of Saskatchewan.

For more details and to register, click here: Application of the First Nations Commercial and Industrial Development Act in Saskatchewan

Webinar: Farm Issues in Family Law (CPD-184)

This webinar is being held on:
Monday, December 11, 2017 from 12pm to 1:30pm (Sask.Time) | Qualifies for 1.5 CPD hours 

Farm issues are a regular occurrence for practitioners in rural Saskatchewan. In the context of family law, this is especially prevalent in determining the valuation and distribution of the family estate on separation, as well as the determination of income for support purposes. Your presenters will give a broad overview of these issues.

This webinar is being presented by Lindsay A. Gates, Marisha N. Paquin and Andrea V. Argue of Kanuka Thuringer LLP.

For more details and to register, click here: Farm Issues in Family Law

Free Webinar: Primo: An Introduction to Our New Library Catalogue (CPD-178)

This webinar is being held on:
Thursday, December 14, 2017  from 12pm to 1pm (Sask. Time) | Qualifies for 1 CPD hour

Have you met Primo? If you haven’t you probably should. Going forward, Primo will be the best way to locate ebooks, textbooks, articles, case law, precedents, government documents, and legal materials of all kinds. Join the Law Society Library for a one-hour webinar, in which you will learn what Primo is, and what it includes (hint: everything!) You will also learn how to:

  • Search Primo, and create & refine search queries
  • Filter & sort search results, and locate materials
  • Access online subscriptions directly from search results
  • Save a query or list of items
  • Request books or articles
  • Check your library account and search history
  • Format a citation automatically from search results
  • Email search results to yourself or colleagues

Join Ken Fox and Alan Kilpatrick, Reference Librarians at the Law Society of Saskatchewan Library, for this must-see webinar.

To register, click here: Primo: An Introduction to Our New Library Catalogue

 

Saskatchewan Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 113 No. 44, November 3, 2017:

  • SR 109/2017 The Queen’s Bench (Small Claims) Amendment Regulations, 2017
  • RS 109/2017 Règlement modificatif de 2017 sur la Cour du Banc de la Reine (petites créances)

Adding Foundational Case Law to CanLII

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By Sarah Sutherland
Manager, Content and Partnerships
Canadian Legal Information Institute (CanLII) 

Since CanLII’s founding, we have been working to make sure the law you need is available. As part of our project to add the Dominion Law Reports cases that have been cited in CanLII case collection that we announced last year, we are including historical cases that are foundational to understanding the context of Canadian law, including Browne v Dunn (1893), 6 R 67 (HL), which we are informed was the most requested case at the Law Society of Upper Canada’s Great Library (Thank you to David Whelan for letting us know this was the case and sharing the scanned copy from the Great Library’s print collection!).