Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: Saskatchewan Court of Appeal

The Bright Line Rule: The SCC Reconsiders Its Approach to Conflicts of Interest

Posted in Case Comments, Professions

In a recent decision, Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39, the Supreme Court of Canada revisited the “bright line” rule that applies to conflicts of interest among current clients. This rule, which was first articulated in R. v. Neil, [2002] 3 S.C.R. 631, provides that: “… a lawyer may not represent… → Read More

The Second Opinion: Class Actions, Constitutional Questions and Determining the “Preferable Proceeding”

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The Second Opinion

In Precision Contractors Ltd v Government of Saskatchewan, 2013 SKCA 57, the Court of Appeal found that a common issue of constitutional validity did not, in and of itself, make a class action not the “preferable proceeding”. The Court of Appeal held that there was no absolute rule that a class action was perforce ill-suited… → Read More

Saskatchewan Court of Appeal Rejects Ragoonanan Principle

Posted in Case Comments, Class Actions

In a recent decision with potentially far-reaching consequences – Red Seal – the Saskatchewan Court of Appeal has rejected the so-called “Ragoonanan” principle applicable to class actions. The Ragoonanan principle, which derives from an Ontario case of the same name, requires that for each defendant named in a putative class action, there must be at… → Read More