New Journal Issues- January 2019

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By Sara Stanley

National Insolvency Review
Volume 35, Number 6 (December 2018)

Appellate Court Casts Doubt on Finality of Vesting Orders / Brendan Bissell and Jennifer Stam

Receiver of Insolvent Power Generation Company in British Columbia Wins Battle with BC Hydro- Allowing Dispute to be Heard by the Court Instead of by Arbitration / Michael Nowina and Christina Doria

Commercial Insolvency Reporter
Volume 31, Number 2 (December 2018)

Concordia International Corp.’s Canada Business Corporations Act Proceedings Explained / Linc Rogers and Aryo Shalviri

The Queen v. Callidus Capital Corporation Overturned: Lenders Breathe a Sigh of Relief, but for How Long? / Michael J. Hanlon, Jeffrey Levine, Eric Valliéres and Emile Catimel-Marchand

Banking and Finance Law Review
Volume 34, Number 1 (December 2018)

A Regulatory Diagnostic Toolkit for Digital Financial Services in Emerging Markets / Louise Malady, Ross P. Buckley, Anton Didenko and Cheng-Yun Tsang

The Sandbox of the UK Financial Conduct Authority as Win-Win Regulatory Device? / Renato Mangano

Open Banking: Canadian and International Developments / Ana Badour and Domenic Presta

Back to Normal? Ontario Court of Appeal Overturns ClearFlow Decision on Interest Disclosure under Section 4 of the Interest Act / Michael Disney, Carol D. Pennycook and Derek R.G. Vesey

Book Review: Bankruptcy and the U.S. Supreme Court / Virginia Torrie

Money, Payment Systems and the European Union: The Regulatory Challenges of Governance / George A. Papaconstantinou

International and Comparative Secured Transactions Law: Essays in Honour if Roderick A. Macdonald / Tamara M. Buckwold

Insider Trading and Market Manipulation: Investigating and Prosecuting Across Borders / Gail e. Henderson

McGill Law Journal
Volume 63, Number 1 (December, 2018)

Separate but Unequal: Immigration Detention in Canada and the Great Writ of Liberty / Siena Anstis, Joshua Blum and Jared Will

Seeking Justice by Plea: The Prosecutor’s Ethical Obligations During Plea Bargaining / Palma Paciocco

Drawing the Line between Lay and Expert Opinion Evidence: Jason M. Chin, Jan Tomiska and Chen Li

The Regulation of Hateful and Hurtful Speech: Liberalism’s Uncomfortable Predicament / Jocelyn Maclure

<< Why Couldn’t You Just Keep Your Knees Together?>> L’obligation déontologique des juges face aux victims de violences sexuelles / Michaël Lessard

Manitoba Law Journal
Volume 41, Number 1 (2018)

Guth Lecture 2018: Statutory Interpretation- Then and Now / Richard H. Hemholz

Evaluating Manitoba’s Automobile Injury Mediation Pilot Project / Jennifer L. Schulz

Law Students’ Responses to Innovation: A Study of Perspectives in Respect of Digital Knowledge Transmission, Flipped Classrooms, Video Capsules and Other Means of Classroom Dissemination / Richard Jochelson and David Ireland

A Horse Gallops Down a Street… Policing and the Resilience of the Common Law / John Burchill

The Constitutionality of the Federal Carbon Pricing Benchmark & Backstop Proposals / Bryan P. Schwartz

Public Inquiries’ Terms of Reference: Lessons from the Past- And for the Future / Gerard J. Kennedy

It’s Here, but it was Never “Brought into the Jurisdiction”?: The Policy Implications of Re: Hughes on Issues of Conflict-of-Laws Under the PPSA / Darcy L. MacPherson

Farm Debt Compromises During the Great Depression: An Empirical Study of Applications Made Under the Farmers’ Creditors Act in Morden and Brandon, Manitoba / Virginia Torrie

Saved by the Bell: The 2015 Legislative Assembly Rules Changes / Ben Wickstrom

Bill 203: The Legal Profession Amendment Act (Queen’s Counsel Appointments) /Yassir Alnaji

The Enactment of Bill 5, The Francophone Community Enhancement and Support Act: A Proud Moment for Manitoba / Constancia Smart-Carvalho

Canadian Family Law Quarterly
Volume 38, Number 1 (December 2018)

Why Does Quebec Family Law Seem So Different in the Eyes of Canadian Common Law Lawyers? But How Different Is It Actually? / Dominique Goubau

The Use of Spousal Support Review Orders in Canada / Jane M. Reid and Scott L. Booth

Severable Offers: Resolving Issues in Family Litigation Like Beads on a String / Mary-Jo Maur

Challenging the Use of Police Enforcement Clauses in Ontario / Kate Mitchell

The Criminal Law Quarterly
Volume 66, Number 3 (December 2018)

Editorial: Pardons, Expungements and Unjust Convictions

Reform of the Defence of Duress (and Necessity) / Steve Coughlan et al

Residential School Syndrome and the Sentencing of Aboriginal Offenders in Canada / David Milward

A “Bad Rap”: R. v. Skeete and the Admissibility of Rap Lyric Evidence / Ngozi Okidegbe

Ignorance of the Law IS an Excuse Revisiting the Concept of “Legal Impossibility” and U.S.A. v. Dynar / Nick Kaschuk

Does R. v. Wong Apply to Applications to Withdrawal a Guilty Plea Before a Trial Judge / Judge Wayne Gorman

Dalhousie Law Journal
Volume 41, Number 1 (Spring 2018)

Physicians’ Attitudes, Concerns, and Procedural Understanding of Medical Aid-in-Dying in Vermont / Teresa Ditomasso, Ari P. Kirshenbaum and Brendan Parent

Foreseeably Unclear: The Meaning of the “Reasonably Foreseeable” Criterion for Access to Medical Assistance in Dying in Canada / Jocelyn Downie and Kate Scallion

Legalizing Assisted Dying: Cross Purposes and Unintended Consequences / Emily Jackson

Trying and Dying: Are Some Wishes at the End of Life Better than Others? / Oliver J. Kim

A Comparative Analysis of Voluntariness Safeguards and Review Procedure under Oregon and the Netherlands’ Physician Assisted Dying Laws / Michaela Estelle Okininski

Euthanasia by Organ Donation / Michael Shapiro

Questioning POLST: Practical and Religious Issues / Lloyd Steffen

Legal History and Rights for Nonhuman Animals: An Interview with Steven M. Wise / Angela Fernandez

The Stakes in Steak: Examining Barriers to and Opportunities for Alternatives to Animal Products in Canada / Angela Lee

The Animal Protection Commission: Advancing Social Membership for Animals through a Novel Administration Agency / John MacCormick

Canadian Tax Journal
Volume 66, Number 1 (2018)

Electing into a Value-Added Tax: Evidence from Ontario Microentrepreneurs / Emily A. Satterthwaite

Proportionality and the Train of Inquiry in Tax Court Discovery: A Search for the End of the Line / David Jacyk and Pooja Mihailovich

Equalization and Canada’s Fiscal Constitution- The Ties That Binds? / Richard M. Bird

Finances of the Nation: “Final and Unalterable” – But Up for Negotiation: Federal-Provincial Transfers in Canada / Trevor Tombe

Current Cases: (FCA) Canada v. MacDonald; (FCA) Canada v. Rio Tinto Alcan Inc.; (ONCA) Canada Life Insurance Company of Canada v. Canada (Attorney General); (BCSC) 5551928 Manitoba Ltd. (Re) / Jeremie Beitel, Carrie Aiken, Rami Pandher, and Britta Graverson

International Tax Planning: Tax Treaty Abuse and the Principal Purpose Test- Part 2 / David G. Duff

Personal Tax Planning / / Planification fiscal personelle: Credit Where Its Due: Tax Credits for Elder-Care Expenses and Other Tax Considerations / Le crédit à ceux qui le méritent : Les credit d’impôt pour frais de soins aux aînés et autres considerations fiscales / Lucie Chanpagne and Gael Melville

Selected US Tax Developments: The Impact of US Tax Reform on Canada-US Mergers and Acquisitions / Peter A. Glickich and Gregg M. Benson

Current Tax Reading / Robin Broadway and Kim Brooks

The Advocate
Volume 77, Part 1 (January 2019)

On the Front Cover: Nancy Merrill, Q.C. / Mary E. Mowat

It’s Never Too Early to Start Giving Back / Elisabeth A. Sadowski

Family Law Arbitration: Five Years Later / Georgialee Lang

Welcome to the Machine? Considering the Ethics of Legal Technology / Kevin Smith

CREATE Justice Bulletin – January 2019

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‘Justice’ named Merriam-Webster’s word of the year, determined through data as a top lookup throughout 2018.

New legal café offers alternative to law office.

The 2019 CBA Saskatchewan Branch Mid-Winter Meeting, focused on ‘Enhancing Justice’ took place from January 31-February 1.

Public Legal Resources Fair and Workshops at Regina Public Library were held on February 2.

Invitation to submit access to justice activities to be included in a national coordination effort by February 11.

In case you missed it, student research assistants help advance health and data topics at CREATE Justice.

Thomas Cromwell and Beverley McLachlin on access to justice and the next year for the Action Committee.

CLASSIC Karaoke and Lip Sync Battle 2019 tickets available.

Public Access to Legal Information at the Law Society Library.

New drop-in clinic for family law help at Regina Public Library.

New Walk-In Counselling now available Monday and Wednesday afternoons at CLASSIC.

New drop-in clinic for wills and estates help at Saskatoon Public Library.

Pro Bono Law Saskatchewan hosts first annual Pro Bono Rocks Funspeil and recognizes PBLS volunteers.

Law Librarian now on site at Regina Public Library during two afternoons a month to help patrons find legal information and resources.

PASS IT ON! SUBMIT YOUR BITE-SIZED ACCESS TO JUSTICE NEWS TO BE INCLUDED IN THE BULLETIN TO createjustice@usask.ca AND ENCOURAGE OTHERS TO SUBSCRIBE FOR THE BULLETIN HERE.

Revision to the Law Society of Saskatchewan CPD Policy

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Since the introduction of mandatory CPD in Saskatchewan in 2010, the CPD Policy required that CPD content be designed for an audience that is primarily composed of lawyers, paralegals, articling students and/or law students. However, over the last decade the legal landscape has changed and access to justice has become an increasingly prominent issue. There has been a dramatic increase in the number of self-represented litigants and in public demand for legal information. Further, the Law Society has received questions/complaints from members who have presented to an audience that is not connected to the legal profession. These members express the view that to prepare and present to these other audiences requires similar (and sometimes more) review, analysis and preparation, as compared to presenting to a lawyer audience.

In light of this, and to better facilitate and encourage the delivery of legal information to the public, the CPD Policy has been amended, effective January 1, 2019, to reduce the restrictions on the type of audience required for CPD hours. The CPD content being presented must be in compliance with the overall subject matter requirements set out in the CPD Policy, but the restrictions on the type of audience have been removed, with the exception of presentations to clients (CPD hours are not available for presentations targeted primarily at clients).

Please refer to the complete CPD Policy on our website for further details related to CPD requirements.

Crossing the Border with Electronic Devices: What Canadian Legal Professionals Should Know

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With travellers at Canadian airports and border crossings subject to increasing scrutiny,[1] it is important for lawyers and Quebec notaries to have an understanding of how the privacy interests of their clients may be impacted by legislation and policies developed to address public safety issues.  Legal counsel should also understand that their profession does not make them immune to policies and processes that could impact information otherwise subject to solicitor-client privilege.

Canadian lawyers and Quebec notaries travelling internationally with electronic devices face increasing uncertainty about how those electronic devices will be treated by border agents on apprehension by Canadian Border Security Agency (“CBSA”) officers on return to Canada, by border agents in the U.S., or by border agents in other international destinations.  Searching the electronic device (including smart phones, laptops, and USB sticks) of a legal professional may infringe solicitor-client privilege when that legal professional crosses borders.

This advisory, developed by the Policy Counterpart Group of the Federation of Law Societies of Canada (the “Federation”) with the assistance of law society practice advice counsel, describes the risks of travelling with an electronic device when returning to Canada, going through pre-clearance with U.S. border officials on Canadian soil, and when travelling to the U.S. and beyond.  This advisory also identifies relevant professional responsibilities, and concludes with suggestions and advice for Canadian lawyers and Quebec notaries on minimizing those risks.

For the complete advisory, please see the Law Society website.


[1] Office of the Privacy Commissioner, “Your privacy at airports and borders,” (October  2018), online: https://www.priv.gc.ca/en/privacy-topics/public-safety-and-law-enforcement/your-privacy-at-airports-and-borders/

Regina Public Library Legal Resource Fair

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The Law Society and Pro Bono Law Saskatchewan are proud planning partners of the Regina Public Library Legal Resource Fair occurring on February 2, 2019 at the Central Branch. The event includes information on Saskatchewan legal resource providers and organizations, public legal presentations and Pro Bono Law Saskatchewan clinics.

Tradeshow presenters include:

  • Saskatchewan Queen’s Printer
  • Pro Bono Law Saskatchewan
  • ADR Institute of Saskatchewan
  • The Association of Jurists en Francophonie Saskatchewan (Association of French speaking Lawyers)
  • Family Law Information Centre, Ministry of Justice
  • Child Support Recalculation Services
  • Law Society of Saskatchewan
  • Office of Residential Tenancies & Provincial Mediation Board
  • SaskTel Pioneers – Free Income Tax Preparation Clinic @ United Way, Lyle Sampson, Coordinator Public Legal Education Association of Saskatchewan

Presentations include:

Wills and Estates 10:00 – 11: 00 am
Plan for your future. Learn about making a valid will. The responsibilities of an executor, joint accounts, gifting and trusts.

Health Directives and Power of Attorney 11:15 – 12:15 pm
Learn about the legal documents required for health directives and power of attorney. This will allow someone you trust to make financial, personal and health-related decisions on your behalf.

Representing Yourself in Court 1:00 – 2: 00 pm
Learn about the different steps of a legal proceeding, how to organize evidence and how to prepare to represent yourself without a lawyer in a court case.

Understanding Small Claims Court 2:15 – 3:15 pm
Learn how to make a claim through Small Claims Court. This workshop will teach you how to complete the claim form, serving notice of the claim, and how to prepare for and conduct the hearing.

Your Rights as Tenant or Landlord 3:30 – 4:30 pm
This session will provide an overview of the rights and responsibilities of landlords and tenants including topics such as rent increases, evictions, and the hearing and appeal process.

Law Society Penalty Decision: Law Society of Saskatchewan v. MacKay

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A penalty decision has been released in relation to the matter of the Law Society of Saskatchewan v. David MacKay. The following allegations against the Member were proven in an earlier phase of the hearing process:

i. did, after agreeing to trust conditions imposed by Lawyer S. in relation to the release of certain settlement funds coming into his possession, fail to comply with those trust conditions by releasing said funds without first ensuring the trust conditions had been met.

The following penalty was imposed by the Committee:

a. DAVID MACKAY is reprimanded;

b. DAVID MACKAY shall pay a fine to the Law Society of Saskatchewan in the amount of $1,000.00;

c. DAVID MACKAY shall pay costs to the Law Society of Saskatchewan in the amount of $11,000.00;

d. IT IS FURTHER ORDERED THAT DAVID MACKAY shall pay the amounts noted above by 4:00 p.m. on April 30, 2019, failing which a suspension shall be imposed until such time as the amounts noted above have been paid in full.

For more information on the Law Society of Saskatchewan discipline proceedings, please visit the Discipline Section on the Law Society of Saskatchewan website.