1688782 Ontario Inc. v Maple Leaf Foods Inc.: Limiting Duty of Care in Cases of Pure Economic Loss

By: Brenden Cowlishaw*

This comment discusses 1688782 Ontario Inc. v Maple Leaf Foods Inc., a Supreme Court of Canada five to four ruling released on November 6, 2020. While denying that the supplier owed a duty of care to the franchisee, the Court revised and clarified several areas of pure economic loss in negl...

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Catching the Middleman: Amendments to Money Laundering Provisions of the Criminal Code

By: Gabriel Simons*

A recent Criminal Code amendment may drastically change how money laundering will be investigated and prosecuted in Canada. Now, when concealing or converting funds, rather than being required to know the property in question is the proceeds of crime, one only needs to be reckless as to the...

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Limitation Periods, Payment for Extras, and Construction Litigation: A Comment on Saskatchewan (Highways and Infrastructure) v Venture Construction Inc.

By: Matthew M. Scott*

In a dispute surrounding a construction contract containing a “payment for extras” clause, does a contractor’s loss occur when they do the extra work, or when they are denied compensation? This question has crucial implications with respect to limitation periods, and the Saskatchewan Court of Appeal...

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The Persistent Jurisprudential Muddle: Determining the Standard of Review for Procedural Fairness in Saskatchewan

By: Levi Graham*

What is the standard of review for procedural fairness? Strong jurisprudence from the Federal Courts suggest that the standard of review for procedural fairness remains uncertain. The Court of Appeal for Saskatchewan has indicated its preference for the side of “correctness.” Nevertheless, the issue...

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R. v Poulin: Muddled adjudication; adjudication, nonetheless

By: Travis W. Smith*

In this blog post, a brief analysis of the Supreme Court of Canada’s recent R. v Poulin decision brings forward concerns of what appears to be incomplete and inconsistent reasoning processes in both the majority and dissenting reasons. These concerns arguably impugned the Court’s efficacy i...

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The Implications of Using a Standard of Reasonableness versus Correctness: A Case Comment on Pomarenski v. Saskatchewan Veterinary Medical Association

By: Danielle R. Nichols*

This comment discusses the implications of a remark made by the Court of Queen’s Bench for Saskatchewan in Pomarenski v. Saskatchewan Veterinary Medical Association Professional Conduct Committee, in which a disciplinary decision of the Saskatchewan Veterinary Medical Association was substa...

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New Anti-Money Laundering Legislation: Why is Alberta so Slow on the Uptake?

By: Jenine Urquhart*

This comment discusses an agreement by Canada’s finance ministers to amend their respective corporate statutes to reflect a need for transparency within closely held corporations. British Columbia, Manitoba, and Saskatchewan have all moved forward to implement the agreement within their jurisdiction...

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Feng v. Saskatchewan (Economy): Denying a remedy for a breach of procedural fairness in the Saskatchewan Immigrant Nominee Program context

By: Kali Stahl*

On January 9, 2020, the Court of Appeal for Saskatchewan released its decision in Feng v. Saskatchewan (Economy). This comment discusses the Court’s decision to deny a remedy despite finding a breach of procedural fairness and, more importantly, addresses the Ministry of the Economy’s conce...

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Access to Legal Services, Limited Licences to Practice Law, and the Protection of the Public: A Discussion of Law Society of Saskatchewan v. Zielke and Recent Amendments to The Legal Profession Act, 1990

By: Mackinley M. Sim*

Law Society of Saskatchewan v. Zielke serves as an example of a law society acting to fulfill its statutory mandate to protect the public and regulate the provision of legal services. The case also raises questions with respect to access to legal services for those who require them most. Th...

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R. v. Rafilovich: A Need for Legislative Amendment

By: Evan Best*

This case comment discusses the Supreme Court of Canada’s recent decision in R. v. Rafilovich, a case involving an individual who was arrested with approximately $47,000 worth of cocaine and $42,000 in cash. The cash was seized as being proceeds of crime, but subsequently released back to R...

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The Constitutionality of Section 33.1: A Never-ending Story?

By: Fraser Duncan*

This comment explores recent Charter challenges to s. 33.1 of the Criminal Code, which precludes the defence of self-induced intoxication for general intent, bodily integrity offences. The disparate outcomes in cases from Alberta, Saskatchewan, and Ontario highlight the need for fu...

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A Nation of Hollow Words: An Act respecting First Nations, Inuit and Métis children, youth and families

By: Kylee Wilyman*

An Act respecting First Nations, Inuit and Metis children, youth and families has been held out by the federal government as ground-breaking legislation, co-developed with Indigenous groups. But “reconciliation is not what you say; it is what you do.”

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R. v. A.M.: Striking a Balance Between the Protection of the Complainant and the Protection of the Charter Rights of an Accused in Sexual Assault Proceedings

By: Miranda Wardman*

This case commentary discusses the new process for admitting private records in sexual assault proceedings under the Criminal Code as examined in R. v. A.M., a recent decision from the Provincial Court of Saskatchewan, which declared parts of the new Code provisions invali...

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Private Companies in Saskatchewan Prisons: The Impact of the Increasing Cost Barrier for Accessing Inmate Telecommunications

By: Kennedy Morrow*

This comment explores the impact of outsourcing inmate telecommunication services in Saskatchewan to a private company, GTL, which provides calling technology in correctional facilities. This technology has resulted in excessive pricing schemes for inmate calling and detrimental effects on inmate he...

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Unnecessarily Uncertain: Roberts Properties and the Case for an Official Service Animal Registry

By: Owen Pennock*

In the case of Roberts Properties Inc. v. O.S. , the Office of Residential Tenancies interpreted Saskatchewan’s Human Rights legislation and found that a woman’s support animal did not meet the requirements to be considered a “service animal,” and thus receive protection under the Act. As ...

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Are some political ideas simply too dangerous to express? An analysis of the constitutionality of the Canada Election Act’s restrictions on political speech

By: Larissa Meredith-Flister*

This comment discusses the constitutionality of the sections of the Canada Elections Act, as amended by the Elections Modernization Act, that restrict political speech considered to be false.

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Mandatory Victim Surcharges and s. 7 of the Charter

By: Evan Best*

In 2013, Parliament passed the Increasing Offenders’ Accountability for Victims Act, making victim surcharges mandatory for all individuals convicted of an offence under the Criminal Code or the Controlled Drugs and Substances Act. The constitutionality of this provision h...

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Orphan Well: Embracing statutory ambiguity

By: Allyse Cruise*

This case comment scrutinizes the decision of the Supreme Court of Canada in Orphan Well Association v. Grant Thorton Ltd. Many Canadians will be happy with the results of the case. However, the Supreme Court’s reasoning lacks coherence and provides little direction to lower courts tasked w...

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Institutional Religious Freedom Rights? Uncertainty Remains Following Law Society of British Columbia v. Trinity Western University

By: Everhett Zoerb

Do corporations go to heaven? Although the question may seem ridiculous, and its answer obvious, the Supreme Court of Canada has yet to rule that corporations, institutions, and other entities do not have religious freedom rights under the Charter. This comment examines the issue in light o...

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Unconscionability of Mandatory Arbitration in Contracts of Adhesion: Heller v. Uber Technologies Inc.

By: Katherine Starks*

This comment looks at Heller v. Uber Technologies Inc., a recent decision of the Ontario Court of Appeal. A preliminary issue in the case has been the validity of the arbitration clause in the agreement between drivers and Uber. The Court held that the clause was unconscionable, suggesting...

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Does the Jordan Framework Apply to Young Offenders? Three Separate Approaches to the Law of Delay

By: Owen Pennock

In R. v. K.J.M., three justices of the Alberta Court of Appeal came to three very different conclusions on the application of the R. v. Jordan framework for delay in cases involving young offenders. Because of the disparate nature of these judgments, it remains unclear whether the presumpti...

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Culture of the Court or the Community: A Modification of the Jordan Framework

By: Jianna Rieder*

The Supreme Court of Canada introduced a new framework to determine the reasonableness of trial delays in R. v. Jordan . While the intent behind the change was to improve the accessibility of justice by preventing unnecessarily drawn-out trials, the decision was criticized by Justice Bycho...

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Privacy Rights vs. Technological Advances: A Case Comment on R. v. Jarvis and What It Means for The Future of Privacy

By: Nicole C. Krupski*

This comment discusses the Supreme Court of Canada's recent decision in R. v. Jarvis, a case involving a charge of voyeurism against a teacher making secret visual recordings of his students. Drawing on s. 8 Charter jurisprudence, the Supreme Court majority expanded Canadians' priv...

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Legal Services Supply Gap in Saskatchewan: Temporarily Offering Tax Incentives to Lawyers for Providing Pro Bono Services

By: Jelaina Germain*

This comment focuses on the gap in the provision of legal services . The recommendations of the Legal Services Task Team should help increase access to justice in Saskatchewan but may take some time to implement. One possible temporary solution in the interim is to offer tax incentives to lawyers of...

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