Publications by Subject Heading: Court Rules & Procedure

Access to Justice – Needy Person Certificates and Waiver of Fees: Final Report May 2013

Under The Queen’s Bench Rules, a potential litigant may, in some circumstances, obtain a waiver of court fees by obtaining a Needy Person Certificate. Needy Person Certificates are useful, but challenges exist respecting their scope and availability. This report sets out the Commission’s proposals on improving access to justice for the less advantaged members of our community through fee waivers.

Administrative Penalties: Final Report Mar 2012

The Law Reform Commission examines the issues of natural justice and potential procedural unfairness that arise from the administration of penalties by regulatory bodies. Recommendations include allowance for appeals in all cases, with consideration for appropriateness of the appeal, and minimal procedural rule observance.

Appeals from the Exercise of Statutory Powers of Decision: Final Report Mar 2012

Appeals to the courts from decisions directly affecting individuals are usually made by officials under statutory authorization. However, there is a lack of consistency in the form and scope of statutory appeal rights, and some statutes do not provide for appeals. The Commission makes recommendations respecting the right to appeal, grounds of appeal and structure of appeals.

Access to Justice – Needy Person Certificates and Waiver of Fees: Consultation Paper Dec 2011

This paper outlines the current issues in Needy Person Certificates, their scope and availability, and the access to justice issues that arise from different rules in different courts. The Commission cites widespread confusion about eligibility, and seeks solutions to issues regarding eligibility and personal representation, stages of the proceedings, and accessibility to the certificates.

Awards of Costs and Access to Justice: Research Paper Jul 2011

The Commission addresses two conflicting viewpoints: that access to justice is reduced by the high cost of litigation and the relatively low value of awards, and that such costs should be higher to deter frivolous lawsuits. The Commission outlines Saskatchewan’s partial indemnity cost regime and compares it to full and no indemnity systems in other jurisdictions, canvassing arguments in favour of each approach.

Administrative Penalties: Consultation Paper Jun 2009

Administrative penalties are relatively new in Saskatchewan. These monetary penalties are imposed by a regulator without the involvement of a court or tribunal. The process raises concerns over procedural fairness. The Commission invites discussion of various legal issues that arise from administrative penalties, with the goal of developing consistent and appropriate principles of fairness and efficiency.

Model Code of Administrative Procedure for Saskatchewan Administrative Tribunals Oct 2005

In order to promote certainty and efficiency, an increasing number of jurisdictions have adopted model codes of procedure for administrative tribunals. In this paper the Commission formulates a preliminary model code for Saskatchewan tribunals in order to facilitate discussion.

The Saskatchewan Evidence Act: Research Paper Jan 2004

The Commission undertook a review of history and interpretation of The Evidence Act  at  the request of the Department of Justice. This paper is intended to facilitate modernization of the legislation’s language, rather than recommend significant changes in the law.  Much of The Evidence Act is based on 19th century  English statutes that are now both obscure and irrelevant.  The Commission believes the analysis in this paper is a prerequisite to reform of the law of evidence (2004).

Proposals for a Structured Judgments Act Apr 1993

Structured settlements provide compensation to a plaintiff in periodic payments instead of a lump sum. Though Saskatchewan courts approve settlements negotiated between parties, they lack jurisdiction to deliver structured judgments. The proposed Structured Judgments Act would allow courts to make structured awards while providing them with some guidance on the complexities involved.

A New Limitation of Actions Act: Proposals Apr 1989

Statutes of limitations prescribe a certain period of time in which an action against another party may be brought. The law in Saskatchewan is in need of both simplification and modernization. The proposed Limitation of Actions Act allows for limitation periods of two years, six years, and ten years – subject to events that delay the running of time. An ultimate limitation period of 30 years is proposed.

Changes in Limitations Legislation, Part I – The Effect of Limitations on Title to Real Property: Tentative Proposals Jul 1981

The application of the Limitation of Actions Act creates specific problems in real property transactions subject to the Land Titles Act. The Commission recommends repealing the sections of the Limitation of Actions Act that deal with agreements for sale. Amendments to the Land Titles Act would also help clarify matters.

Proposals for Reform of The Jury Act Dec 1979

The Law Reform Commission recommends that Saskatchewan’s jury-selection process be reformed to ensure that it draws from as wide a pool as possible and excludes as few as possible. The Saskatchewan Hospital Service Plan is an ideal source of contact information for eligible jurors. The Commission also recommends revamping the compensation scheme for juries.