Logo
Skip to main content
insight banner image

Can I Go To the Judge No, Not Right Now…Unless It’s Urgent or an Emergency

April 6, 2020
5 min read
  • Contact
  • Careers
  • Students
Search

Navigation Menu

  • People
    • People
  • Practice Areas
    • Practice Areas
      • Banking & Finance
        • Banks & Financial Institutions
        • Financing
        • Securities Law
      • Business & Corporate
        • Corporate Law & Governance
        • Intellectual Property & Information Technology
        • Manufacturers, Distributors & Franchisors
        • Mergers & Acquisitions, Business Transactions
        • Tax Law
      • Construction Law
        • Builders' Liens & Bond Claims
        • Construction Litigation & Arbitrations
        • Tendering & Procurement
      • Criminal & Regulatory Defence
      • Estate Planning
        • Estate Administration
        • Guardianship
        • Trusts
        • Wills, Powers of Attorney and Health Care Directives
      • Environmental & Natural Resources
        • Energy & Mining
        • Environmental Law
      • Family Law
      • Health Care
      • Immigration Law
      • Insolvency & Restructuring
      • Insurance Law
      • Labour & Employment
      • Litigation, Dispute Resolution & Appeals
        • Appellate Advocacy
        • Civil Litigation
        • Class Action Litigation
        • Commercial Litigation & Arbitrations
        • Estate Litigation
      • Municipal Law
      • Professional Discipline
      • Real Estate & Development
        • Commercial Real Estate & Development
        • Leases, Landlords & Tenants
        • Residential Real Estate & Conveyancing
      • Regulatory & Administrative Law
        • Administrative Law
  • About the Firm
    • About the Firm
      • History
        McDougall Gauley has a rich history and traces its roots as a Saskatchewan law firm as far back as 1891.
      • Awards & Recognition
        Our lawyers are recognized across the firm’s practice areas. The firm was named a top Prairie Regional Firms by Canadian Lawyer Magazine and is a top Saskatchewan employer.
      • Careers
        To offer the high standard of legal services our clients expect, our team is made up of talented, creative people. If you think you would make a great fit, please let us know.
      • Students
        We want students with drive, integrity, and attention to detail. We strive to give you knowledge, guidance, mentorship, and experience to develop your legal career with us.
      • Contact
  • Insights
    • Insights
  • News
    • News
  • People
  • Practice Areas
    • Banking & Finance
      • Banks & Financial Institutions
      • Financing
      • Securities Law
    • Business & Corporate
      • Corporate Law & Governance
      • Intellectual Property & Information Technology
      • Manufacturers, Distributors & Franchisors
      • Mergers & Acquisitions, Business Transactions
      • Tax Law
    • Construction Law
      • Builders' Liens & Bond Claims
      • Construction Litigation & Arbitrations
      • Tendering & Procurement
    • Criminal & Regulatory Defence
    • Estate Planning
      • Estate Administration
      • Guardianship
      • Trusts
      • Wills, Powers of Attorney and Health Care Directives
    • Environmental & Natural Resources
      • Energy & Mining
      • Environmental Law
    • Family Law
    • Health Care
    • Immigration Law
    • Insolvency & Restructuring
    • Insurance Law
    • Labour & Employment
    • Litigation, Dispute Resolution & Appeals
      • Appellate Advocacy
      • Civil Litigation
      • Class Action Litigation
      • Commercial Litigation & Arbitrations
      • Estate Litigation
    • Municipal Law
    • Professional Discipline
    • Real Estate & Development
      • Commercial Real Estate & Development
      • Leases, Landlords & Tenants
      • Residential Real Estate & Conveyancing
    • Regulatory & Administrative Law
      • Administrative Law
  • About the Firm
    • History
    • Awards & Recognition
    • Careers
    • Students
    • Contact
  • Insights
  • News
  • Contact
  • Careers
  • Students
  1. Home
  2. Insights
  3. Can I Go To the Judge No, Not Right Now…Unless It’s Urgent or an Emergency
Share
Author Arran Ferguson
Content

Due to the significant health concerns caused by the COVID-19 pandemic, the Court of Queen’s Bench for Saskatchewan published a Directive and Advisory, dated March 19, 2020 (the “Directive”) which restricts family law applications to “urgent” and “emergency” matters.  

What’s In Place?

Effective March 19, 2020 all previously scheduled Pre-trial Conferences, Trials, and family law applications were adjourned. Rescheduling of applications is currently expected to occur in June, 2020.  Rescheduling of Pre-trial Conferences and Trials will occur when the Court returns to its normal operation.

Common types of family law applications include requests for orders relating to interim decision making for children, interim parenting schedules, interim spousal support and child support, dealing with specific limited property issues, as well as many other issues which arise on relationship breakdown.

There are very specific exceptions in the Directive wherein applications will continue to be heard via teleconference calls; these include child protection applications and family law applications which the Court considers to be “urgent” or “emergency”. The Directive provides the following insight into what may be considered urgent or an emergency:

  1. Applications for urgent relief relative to the safety of a child or parent. This shall include applications for restraining orders, non-contact orders, and exclusive possession of the family home orders;
  2. Urgent matters involving the safety or well-being of a child including essential medical decisions or issues relating to the wrongful removal or retention of a child;
  3. Applications related to dire circumstances of financial need including the preservation of existing family property.


The Court will make a case-by-case determination as to whether an application meets the “urgent” threshold. It is expected that the Court will implement a high threshold as to what constitutes an urgent matter. Family law lawyers (and self-represented litigants) have been urged to exercise good judgment and refrain from submitting applications unless confident the application meets this high threshold. 

It should be remembered that while the current situation is an inconvenience, applications to the Court should only be used in the last instance, and only when other forms of dispute resolution have been exhausted.  Other forms of dispute resolution are available and should be utilized at this time in order to help Saskatchewan families achieve a principled result when a dispute arises.

What’s Available Now?

Mediation

Mediation is a form of alternate dispute resolution in which an impartial third party mediator assists people unable to agree on an outcome or outcomes.  Mediation focuses on the needs, rights and interests of the parties and encourages compromise.  Achieving a result requires the parties to agree.

The mediation process can be focused to achieve temporary resolutions or final resolutions.

McDougall Gauley LLP has one certified mediator, James A. Morrison, Q.C.  James practices in the Saskatoon office. Should you have any questions about the mediation services offered, please contact James, or any member of the McDougall Gauley Family Law Practice Team.  James’ contact information is:    

James A. Morrison, Q.C.
306.665.5486
jmorrison@mcdougallgauley.com

Arbitration

As a result of recent amendments to Saskatchewan legislation, arbitration is now available to resolve family law disputes. Arbitration is a dispute resolution process which allows parties to present their case to a neutral third party, called a Family Law Arbitrator and obtain a timely result, called an Award.

McDougall Gauley LLP has three senior and experienced family law lawyers who are also Family Law Arbitrators, approved by the Saskatchewan Government to conduct arbitrations: 

Saskatoon

Sherry L. Fitzsimmons, Q.C.
306.665.5450             
sfitzsimmons@mcdougallgauley.com

Raymond Wiebe
306.665.5421  
rwiebe@mcdougallgauley.com
 

Regina

Lindsay A. Hart
306.565.5169
lhart@mcdougallgauley.com

Our arbitrators can effectively tailor the arbitration process to meet the current need for timely access to dispute resolution. They are more than happy to discuss what the process involves, how it can be arranged to address the current circumstances relating to COVID-19 including the logistics of conducting the arbitration, and the possibility that the arbitrated award be limited in scope.

Should you have any questions about the arbitration process, please contact any of the above listed Family Law Arbitrators.

Collaborative Law

Collaborative law is a non-adversarial approach to separation which assists former spouses in navigating their separation. Each party has their own collaboratively trained lawyer and the parties work together to achieve a result which is acceptable to both parties.

Both parties sign a participation agreement which confirms that they are both dedicated to proceeding collaboratively. Under the participation agreement, lawyers are disqualified from representing the parties in the event an agreement is not reached, one party no longer wishes to participate in the process, or they are unable to continue with the collaborative approach and the matter proceeds to Court. Numerous partners within McDougall Gauley LLP who practice Family Law are collaboratively trained lawyers and are certified to represent separated spouses through a collaborative process:


Saskatoon

Sherry L. Fitzsimmons, Q.C.
306.665.5450             
sfitzsimmons@mcdougallgauley.com

Raymond Wiebe
306.665.5421  
rwiebe@mcdougallgauley.com

James A. Morrison, Q.C.
306.665.5486
jmorrison@mcdougallgauley.com
 
                                                
Kate Joa
306.665.5491
kjoa@mcdougallgauley.com
 

Regina

Brian M. Banilevic, Q.C.                                           
306.565.5101                                                   
bbanilevic@mcdougallgauley.com                             

Foster J. Weisgerber, Q.C.
306.565.5163
weisgerber@mcdougallgauley.com
 
Lindsay A. Hart
306.565.5169
lhart@mcdougallgauley.com 

Should you have any questions about the collaborative process or are interested in pursuing this non-adversarial approach to separation, please contact any of the above listed collaboratively trained lawyers to discuss further.

As everyone’s situation is unique, the above is provided to you for information purposes only and does not constitute legal advice. If you or someone you know is dealing with a legal issue pertaining to their family dynamics, please contact a member of the McDougall Gauley LLP Family Law Practice Group.

Authors
Saskatoon Arran Ferguson

Arran Ferguson

Partner
Saskatoon
306-665-5404
aferguson@mcdougallgauley.com

The views expressed herein are solely the author's and should not be attributed to the MG LLP or its clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Due to professional ethics, the author may not be able to comment on matters in which a client has an interest. Nothing herein should be used as a substitute for the advice of competent and informed counsel.

This web site/blog is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and MG LLP. If you are seeking specific advice related to your situation, please contact MG LLP for a personal consultation.

Any unsolicited information sent to MG LLP through blogs or otherwise may not be protected by solicitor-client privilege.

MG LLP periodically provides materials on our services and developments in the law to interested persons. For permission to reprint articles or blogs, please contact marketing@mcdougallgauley.com.

This publication is protected by copyright.
© 2025 McDougall Gauley

Related Practice Areas
Family Law

Footer

Footer Menu

Practice Areas
  • Banking & Finance
  • Business & Corporate
  • Construction Law
  • Criminal & Regulatory Defence
  • Estate Planning
  • Environmental & Natural Resources
  • Family Law
  • Health Care
  • Immigration Law
  • Insolvency & Restructuring
  • Insurance Law
  • Labour & Employment
  • Litigation, Dispute Resolution & Appeals
  • Municipal Law
  • Professional Discipline
  • Real Estate & Development
  • Regulatory & Administrative Law
About the Firm
  • History
  • Awards & Recognition
  • Careers
  • Students
  • Contact
  • Insights
  • News
  • People
  • Saskatoon
    500 - 616 Main Street, Saskatoon SK S7H 0J6
    T (306) 653-1212
    F (306) 652-1323

    Regina
    1500 - 1881 Scarth Street, Regina SK S4P 4K9
    T (306) 757-1641
    F (306) 359-0785

© Copyright 2025 McDougall Gauley LLP.  All rights reserved.

Tertiary Menu

  • Terms of Use
  • Privacy Policy

Social Media Menu

Cautionary note: If you are not presently a client of McDougall Gauley LLP, any information you communicate in your email is not protected by lawyer/client confidentiality, nor is a lawyer/client relationship established by our receipt of this email. Before we can discuss your matter, we must ensure that we do not have a conflict of interest. Please do not send us any confidential information in your e-mail.

I Understand