What Happened

In February 2025, the Saskatchewan King's Bench issued an important decision in Loucks v Regina Humane Society Inc. The case involved twenty-one dogs seized by the Regina Humane Society. Their owner sought a legal remedy called a "preservation order" to prevent the Humane Society from disposing of or otherwise dealing with the dogs while the dispute was ongoing.

Why It Matters

The Court's decision provides valuable guidance on when and how you can (and can’t) protect property during legal disputes. Understanding these rules can help you make informed decisions if you ever need to safeguard assets or prevent another party from disposing of property central to a legal claim.

Key Points to Understand

When Preservation Orders Are Appropriate

The Court clarified that preservation orders under Saskatchewan's Enforcement of Money Judgments Act (EMJA):

- Can only be used to preserve the defendant’s property (e.g., where there’s a risk a defendant might dispose of their assets, preventing the plaintiff from enforcing a judgment against them) – not to preserve the plaintiff’s property

- Are specifically designed for debt collection type claims

- Must be specifically requested in the plaintiff’s statement of claim

The Court's Decision

In this case, the Court dismissed the application for a preservation order because it was not appropriate in the circumstances. The plaintiff owner was trying to prevent the Humane Society from dealing with what they claimed was their property (the dogs), not the Humane Society's property.

Alternative Options

Importantly, the Court emphasized that other legal remedies remain available when a preservation order isn't appropriate. These include common law injunctions and remedies under The King’s Bench Rules and The King's Bench Act.

How This Could Affect You

If you ever need to:

- Protect your property during a dispute

- Prevent another party from disposing of their assets

It's essential to choose the right legal tool for your specific situation. Using the wrong mechanism, as happened in this case, can result in a dismissal of your application and delays in protecting your interests.

Our Commercial Litigation Practice Group at McKercher LLP can help you navigate these complex decisions. We have extensive experience with preservation orders, injunctive relief, and other property protection mechanisms. Learn more about McKercher LLP’s Corporate and Commercial Litigation services.

About the Authors:

Caroline J. Smith is a partner in the McKercher LLP Saskatoon office and practices in the areas of commercial litigation and insurance defence. She handles disputes involving, among other things, contracts, construction, real estate, debts, shareholders, property damage, and professional liability. Caroline has experience with class actions, plans of arrangement, and insolvency matters.

Drew T. Ikert is an associate in the McKercher LLP Saskatoon office who is enjoying gaining experience in a broad array of practice areas. 

About McKercher LLP:

For nearly 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province's largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

This article does not include an exhaustive list of the nuances to mergers and acquisitions in Saskatchewan. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.