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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
