Month: December 2018
The Law Society and its libraries will close for the holiday break today, December 24, at noon and will reopen Wednesday, January 3, 2019. The Law Society Library wishes you a safe and wonderful holiday and all the best for 2019!
By Alan Kilpatrick
Some interesting Saskatchewan legal news to help you ease into your week:
- Canada’s new impaired driving laws are now in effect — here’s what to know (Global News)
- Queen’s Counsel designations announced (Regina Leader Post)
- Top Ten Accessed Cases on CanLII from 2018 (CanLII)
- Truck driver charged in Humboldt Broncos crash sees case put over until 2019 (CTV Saskatchewan)
- What are your legal responsibilities as a party host? (Findlaw Canada)
Litigating Canada’s Environment: Leading Canadian Environmental Cases by the Lawyers Involved
William A. Tilleman and Alastair R. Lucas
“This key environmental law text will provide the reader with a unique focus on leading judicial cases in major environmental law areas including climate change, the intersection of environmental and energy issues, aboriginal rights and the environment, energy facilities (pipeline regulatory decisions), environmental impact assessment, public inquiries and much more. The chapter authors are the lawyers and legal professionals who were involved in the early stages of each case and throughout the course of the litigation which makes them especially qualified to comment on the material. In each chapter, the authors discuss the broader context of cases and litigation strategy that was used in the case under discussion. This discussion is an informative and instructional reference for environmental litigators, regulatory lawyers, policy makers, environmental law professors and law students as they work in similar areas and on similar cases.”
Challenging the Validity of Wills, 2nd Ed.
Ian M. Hull and Suzana Popovic-Montag
“This work details the process for the appointment of the estate trustee with a will, and at what stages the will can be attacked. The substantive grounds for challenging the will’’s validity are covered including undue influence, fraud, lack of testamentary capacity, suspicious circumstances and improper execution of the testamentary document. The appendices contain a complete selection of estates forms under Ontario’s Rules of Civil Procedure for use in contentious estates proceedings. The authors provide guidance for compelling the reluctant executor to produce the testamentary document, for revoking the appointment of the estate trustee where fraud has occurred, for making a claim against the estate, and for the appointment of an administrator pending the outcome of the litigation. Practice tips are also provided.
This new edition reflects a more nuanced understanding of the practical effects of the estate rules 74 and 75.
There has also been 8 new chapters introduced to the new edition:
- Locating Missing Beneficiaries
- Costs in Estates Litigation
- Breach of Fiduciary Duty Claims
- The Deemed Undertaking Rule and Estate Litigation
- Unjust Enrichment in Will Challenge Matters
- Solicitor’s Negligence
- Acting for Children and the Mentally Incapable
- Estate Administration Tax Act, 1998 Estate Information Returns”
In Search of Resolution: Complex Issues in Mediation Advocacy
Martha E. Simmons
“In Search of Resolution: Complex Issues in Mediation Advocacy is a unique resource in its examination of mediation advocacy in situations of complexity. This publication goes beyond the usual introductory coverage of mediation advocacy, and considers more advanced issues relevant to the daily practice of lawyers who attend mediation. In Search of Resolution: Complex Issues in Mediation Advocacy also covers timely subjects, such as self-represented persons and disability, that are rarely discussed in dispute resolution literature.”
Essentials of Canadian Aboriginal Law
“Essentials of Canadian Aboriginal Law is the print version of the Canadian Encyclopedic Digest title. The book discusses the current Canadian law about Indigenous peoples living in Canada. It deals with Canadian constitutional law and federal non-criminal statute law as they pertain to Indigenous peoples.
The book considers the most recent and noteworthy Supreme Court of Canada decisions, including:
- Ktunaxa Nation v. British Columbia: This case has contributed to the law on the Crown’s duty to consult Indigenous communities.
- First Nation of Nacho Nyak Dun v. Yukon: This case concerned the interpretation of modern treaties and, in particular, the Crown’s obligations in the collaborative land use planning process established by the Yukon Final Agreements.
- Williams Lake Indian Band v. Canada: In this case, the SCC discussed the Crown’s fiduciary obligations to Indigenous peoples.
The book also incorporates Bill S-3, which came into force on December 22, 2017. The bill amends the Indian Act in response to the Descheneaux v. Canada decision.”
Law is a Buyer’s Market: Building a Client-First Law Firm
“Law has become a buyer’s market, and it’s never going back. Re-envisioning the purpose of law firms and the role of lawyers, Jordan Furlong has designed a transformative client-first law firm that rethinks the business model, culture, service, competitiveness, growth strategies, diversity, and leadership of modern legal enterprises.”
The Evolution of the Provincial Court of Saskatchewan
Amy Jo Ehman
“The Provincial Court of Saskatchewan was created in 1978. It was the modern evolution of a court system in Saskatchewan dating back to its territorial days, and a progressive advancement in the dignity, jurisdiction, and autonomy of the court. But the path forward was not easy. The introduction of the Canadian Charter of Rights and Freedoms in 1982 changed the relationship between provincial governments and judges of their Provincial Courts, leading to a string of legal battle across the country that began in Saskatchewan and culminated in a landmark decision of the Supreme Court of Canada affirming the principles of judicial independence and the rule of law. Today, those early challenges are the bedrock on which was built a caring, dynamic, and independent “people’s court” that honours its past and meets the challenges of the future.
This publication was commissioned by the Saskatchewan Provincial Court Judges Association with the support of the Law Foundation of Saskatchewan, to mark the 40th anniversary of the Provincial Court of Saskatchewan.”
By Sara Stanley
The Law of Partnerships and Corporations, 4th Ed.
J. Anthony VanDuzer
“This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada, both in theory and practice. It is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships, and corporations to carry on small businesses as well as a thorough introduction to the law and policy of public company governance.
The fourth edition has been fully updated to reflect developments in the caselaw and statutory reforms in the last decade. Dozens of new cases are cited. The 2018 amendments to the Canada Business Corporations Act are discussed, including the requirements for public corporations to report on the diversity of their boards of directors that are not yet in force. The chapters on securities law, corporate governance, and corporate social responsibility have been significantly expanded. As well, features to improve the utility of the book have been added, such as more comprehensive cross-referencing throughout the text.”
Criminal law, 7th Ed.
“Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly regarded titles in Irwin Law’s Essentials of Canadian Law series. Professor Roach’s account of the current state of substantive criminal law in Canada has become essential reading not only in law schools but also among judges, practitioners, and others involved in the criminal justice system.
The seventh edition of Criminal Law has been thoroughly updated to include new developments such as the interaction of the legal rights in the Charter with the reasonable limits provision in section 1 of the Charter in R v KR, disagreements between the Ontario Court of Appeal and the Manitoba Court of Appeal about whether the exclusion of murder from the offence of duress can be justified, new developments in the offence of infanticide, and the relation of the due diligence defence to statutory standards.
The discussion of provocation has been updated and simplified to take into account the Supreme Court’s and Parliament’s recent restriction on the controversial defence. This new edition also has been revised to include important decisions from the Alberta and Nova Scotia Courts of Appeal and Parliament’s enactment of Bill C-51, which makes several changes to sexual assault offences.”
To Ensure that Justice is Done: Essays in Memory of Marc Rosenberg
Benjamin L. Berger, Emma Cunliffe, and James Stribopoulos
“This volume brings together leading scholars, practitioners, and jurists who have written chapters in tribute to the Honourable Marc Rosenberg’s legal and ethical contributions to the administration of justice.
Inspired by his work as a teacher, a lawyer, and a judge, the contributors reflect on key trends and contemporary issues in jurisprudence, legal education, the administration of justice, and legal ethics. The contributors examine topics including wrongful convictions, social justice and the criminal law, the role of the judge and lawyer, challenges facing the law of evidence, the past and future of Charter justice, and the function of legal education in contributing to the administration of justice in Canada and abroad.
The book is, thus, both a tribute to the life, work, and contributions of Marc Rosenberg, and an indispensable resource for all those concerned with the ways in which we seek justice in and through the law.”
Public Inquiries in Canada: Law and Practice
Ronda Bessner and Susan Lightstone
“Public inquiries have significantly shaped public policy in Canada. In recent years, we have had inquiries into the safety of drinking water, the use of tasers by police, breast cancer screening, the pediatric forensic pathology system, public contracts in the construction industry, and wrongful convictions. Inquiries continue to proliferate – take a look at the media in Canada in any given week and you’ll find calls for the creation of public inquiries, discussions of the efficacy of ongoing inquiries, and comments about the recommendations from inquiries recently concluded.
Public Inquiries in Canada: Law and Practice gives a full picture of the workings of an inquiry. Not only does it provide a comprehensive legal overview of an inquiry, it also offers practical guidance through each of the steps in the inquiry process. Through the voices and perspectives of those involved in every aspect of public inquiries, this book serves as a catalogue of the best practices in the conduct of a public inquiry, regardless of the mandate or terms of reference of the inquiry. The book is national in scope and the authors have included information that will be useful in all aspects of the inquiry process, and at all levels: federal, provincial/territorial, and municipal. Among the many contributors and interviewees in the book, you’ll hear from:
- Commission counsel
In addition to personal and accessible voices, this publication provides examples of the templates, documents, and legislation that can be relied upon by those involved.
Public Inquiries in Canada: A Guide to Law and Practice is organized in chronological fashion, from the calling of an inquiry by a government, to the submission of the commissioner’s report, and to the aftermath. By providing guidance, suggestions, and reflections, the authors have assembled a thorough review of the elements of an inquiry and the various roles of those involved. Legal rights and duties are discussed, and relevant cases and statutes are included and analyzed. With practical checklists and precedents, legal analysis and first-hand descriptions from all sides of an inquiry, the book can be used as a legal text, a guidebook, a reference text, or all three.
The book will prove useful to all those involved in a public inquiry. This includes those appointed commissioners of an inquiry (including judges), commission counsel and other members of the commission team such as policy analysts, investigators, document reviewers, media spokespersons, and staff persons working on inquiries; lawyers representing parties; and non-lawyers such as witnesses (including expert witnesses), counselors, journalists, members of the public – and others included in the inquiry process.”
Reposted with permission from the CanLII Blog
Surely the winter holiday season wouldn’t be complete without the annual list of the most viewed cases from CanLII in the prior year. We’re not sure what legal information tidbit would complete other holidays, but we’re open to suggestions.
Over recent years we have been averaging over 30,000 site visits per day on CanLII.org, and we are grateful for the ongoing support of the legal community and the trust Canadians place in us for their legal research needs.
Interestingly no case released in 2018 made the top ten list. It will remain to be seen if this year has been a slow year for blockbuster decisions, or if some of the decisions will mature into their influence over time. Here is the list of cases from this past year:
- Dunsmuir v. New Brunswick,  1 SCR 190, 2008 SCC 9.
- R. v. Jordan,  1 SCR 631, 2016 SCC 27.
- Baker v. Canada (Minister of Citizenship and Immigration),  2 SCR 817, 1999 CanLII 699 (SCC).
- R. v. Grant,  2 SCR 353, 2009 SCC 32.
- Meads v. Meads, 2012 ABQB 571.
- Hryniak v. Mauldin,  1 SCR 87, 2014 SCC 7.
- R. v. Marakah,  2 SCR 608, 2017 SCC 59.
- Bhasin v. Hrynew,  3 SCR 494, 2014 SCC 71.
- Housen v. Nikolaisen,  2 SCR 235, 2002 SCC 33.
- Carter v. Canada (Attorney General),  1 SCR 331, 2015 SCC 5.
Since there were no 2018 cases on the list above, and because if you’ve read this far surely you would like to know, here are the top 10 most consulted decisions released in 2018. Milne Estate (Re), 2018 ONSC 4174, the top case from 2018, was number 11 for the year:
- Milne Estate (Re), 2018 ONSC 4174.
- Talos v. Grand Erie District School Board, 2018 HRTO 680.
- Law Society of British Columbia v. Trinity Western University, 2018 SCC 32.
- City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151.
- Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153.
- Groia v. Law Society of Upper Canada, 2018 SCC 27.
- R. v. Comeau, 2018 SCC 15.
- Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31.
- Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19.
- Abramovitz v. Lee, 2018 ONSC 3684.
We would like to wish you all happy holidays!
By Alan Kilpatrick
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Some of the text was adapted from the 2016 Public Services Flyer developed by former Law Society staff member Kelly Laycock.
The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 114 No. 49, December 7, 2018:
- SR 83/2018 The Wildlife Habitat and Ecological Lands Designation Amendment Regulations, 2018 (No. 5)
- SR 84/2018 The Correctional Services Amendment Regulations, 2018