Your use of the eCourt web portal and the Court of Appeal for Saskatchewan (the “Court”) electronic case and document management and filing system (“eCourt”) is conditional upon your receipt of prior, written authorization from the Registrar of the Court of Appeal for Saskatchewan (the “Registrar”). For personal authorization to use eCourt as an approved filer, follow the process for approval on this eCourt web portal at this location.
YOUR APPLICATION FOR AUTHORIZATION AND YOUR SUBSEQUENT USE OF eCOURT OR ANY FILE INFORMATION, DATA OR MATERIALS AVAILABLE THROUGH eCOURT (the “Content”) CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL UNDERTAKING TO THE COURT TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED ON THIS WEBPAGE (these “Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY.
IF YOU ARE NOT AN APPROVED FILER OR YOU DO NOT ACCEPT ANY OF THE FOLLOWING TERMS OF USE, DO NOT ACCESS OR USE eCOURT OR ANY CONTENT.
Use Constitutes an Undertaking. These Terms of Use govern your use of eCourt and the Content. By accessing or using eCourt, you are acknowledging that you have read and understand these Terms of Use. Your initial, and each subsequent, access to and use of eCourt or any Content constitutes your due and valid authorization, execution and delivery of these Terms of Use as your personal, continuing undertaking to the Court to abide by these Terms of Use in respect of your use of eCourt and the Content. You are further representing and warranting that these Terms of Use constitute a legal, valid and binding obligation and undertaking enforceable against you. In that respect, by accessing or using eCourt, you are also representing and warranting that you have legal capacity and full legal authority to undertake to abide by these Terms of Use on your own behalf and that you are not seeking authorization to access or use eCourt on behalf of any third party or undisclosed principal.
Legislation and Rules. The Court of Appeal Act, 2000, S.S. 2000, The Court of Appeal Rules, The Saskatchewan Court of Appeal Criminal Appeal Rules, and all Practice Directives (both civil and criminal) of the Court apply to all users of eCourt and to all Content. Filing an electronic document via eCourt does not extend any filing deadline or affect the application of any rule of the Court or of practice.
Use and Reliance. Neither the Court nor the Registrar is responsible for any loss arising from any use of or reliance on eCourt or any Content for any purpose, or for any other loss or damage whatsoever and howsoever arising from any use of or reliance on eCourt, any Content or other data, or any software, computer or computer system associated with eCourt. As with the official record, neither the Court nor the Registrar guarantees or assumes any liability for the accuracy, completeness, currency, reliability or timeliness of any file information, data or materials on eCourt. All users of eCourt do so strictly at their own risk.
Fee Payments. By accessing and using eCourt, you are irrevocably and unconditionally authorizing the Registrar to collect payment from you, in accordance with any financial information that you have provided to the Registrar or a third party online payment processing agent for that purpose, in respect of all use of eCourt by you that gives rise to a fee. The Registrar will refund any fee paid in association with the electronic submission of a document for filing through eCourt where the Registrar has rejected the submission.
Prohibited Conduct. You undertake not to upload, email, post or transmit to, distribute, disseminate, or otherwise publish or make available through eCourt anything of any nature or kind, and you undertake not to otherwise take any action or permit anyone to take any action, that:
(a) restricts or inhibits any person from using or accessing eCourt or any Content;
(b) is unlawful, threatening, intended to bully or intimidate, abusive, harassing, hateful, tortious, libelous, defamatory, derogatory, discriminatory, disruptive, obscene, vulgar, gratuitously violent, offensive, objectionable, pornographic, profane, sexually explicit or indecent;
(c) is, or could reasonably be considered by others as, injurious to minors or their welfare;
(d) constitutes, or advocates or encourages conduct that would constitute, a criminal offence, gives rise to civil liability, or otherwise violates any law or governmental regulation, whether in Canada or in your local jurisdiction;
(e) violates or infringes the rights of any person, including copyright, trade-mark rights, patent rights, industrial design rights, trade secret rights, rights of privacy or publicity or any other proprietary right of a person;
(f) discloses information you do not have a legal right to disclose to others (whether at law, pursuant to contract or under a fiduciary or other obligation);
(g) contains a virus, worm, malicious code, corruption or other harmful or destructive element or item that might damage, disable, overburden, disrupt or limit the operation or functionality of any computer hardware, firmware, software or peripheral devices, including servers and remote devices;
(h) interferes with or disrupts or limits the operation or functionality of eCourt or any network or server connected to or accessible via eCourt, or that is contrary to any requirements, procedures, policies or regulations of networks connected to eCourt;
(i) contains any information, software or other material of a commercial nature, including any advertising, promotions or solicitations for purchase or sale or that offers any contest, giveaway or sweepstakes;
(j) is or contains any “spam”, “junk mail” or other bulk communications, “chain letters”, multi level marketing or communications that relate to pyramid or ponzi schemes, or any other form of illegal or unwanted solicitation;
(k) constitutes or contains false or misleading author attributions, legal or other notices, proprietary designations, labels or other indicia of origin or source (including email headers and other electronic identifiers), or facts;
(l) is designed or intended to collect the personal information of another or that otherwise accesses eCourt or any Content for that purpose using automated means (including, without limitation, “harvesting bots”, “robots”, “spiders”, or “scrapers”) or that solicits login information or access to an account belonging to another;
(m) impersonates any person, including, without limitation, any Judge, Court official or employee or any eCourt administrator, or another party to a file, or that falsely states or otherwise misrepresents your affiliation with any person; or
(n) facilitates or encourages any breach of these Terms of Use by another,
except as may be relevant as evidence in an appeal before the Court and that is contained in an Appeal Book, Factum, Affidavit or other court document that is required to be filed in respect of that appeal.
Third Party Content. All Content of whatever nature or kind that originates from a source other than the Court or the Registrar (collectively, “Third Party Content”) that is made available on eCourt is the sole responsibility of the third party who filed, transmitted or otherwise made available such Third Party Content. You are solely responsible for all Third Party Content that you file, transmit or otherwise make available via eCourt. Your use of or access to eCourt or any Content does not in any way transfer or assign to you any ownership or other proprietary rights in or to eCourt or any Content. You are prohibited from representing any reproduction of the Content as having been made in affiliation with or with the endorsement of the Court. You are prohibited from reproducing multiple copies of any Content for the purposes of commercial redistribution. Your use and reproduction of any Third Party Content may be restricted under the Copyright Act (Canada) and other legislation. If you wish to rely upon Third Party Content, you should contact the source of that Content. These Terms of Use shall not be construed as conferring any right under any copyright.
Restrictions on Use. You are prohibited from making links of any kind to eCourt without the Registrar’s prior written permission. Without limiting the generality of the foregoing, “deep linking” to any eCourt webpage or Content is strictly prohibited without the express written permission of the Registrar. Use of eCourt or the Content through a browser that contains any frames displaying contents of other websites is strictly prohibited. The scraping or mining of data from or framing or mirroring of eCourt or any Content by any method is strictly prohibited. You are prohibited from employing or utilizing any collaborative browsing or display technologies in association with eCourt.
Unrestricted Right to Suspend or Limit Use. The Registrar, in the Registrar’s sole and absolute discretion, may change, suspend or discontinue any aspect of eCourt or any Content at any time, including the availability of any service, feature, database or other Content. The Registrar may also impose limits on services, features and databases, or restrict your access to parts of or the entirety of eCourt or any Content, without notice or liability to you.
Law Firm Access. If you are a partner or member of a law firm or legal professional corporation (“Your Firm”) and are undertaking to abide by these Terms of Use on behalf of Your Firm, you are representing and warranting that you are duly and validly authorized to give such undertaking on behalf of, and to thereby bind, all of the lawyers of Your Firm. Members, associates and employees of Your Firm are only authorized to use and access eCourt and the Content by use of Your Firm’s approved filer identification and password (Your Firm’s “account”). Your Firm is responsible to ensure that Your Firm’s account is not disclosed outside Your Firm. If Your Firm discloses Your Firm’s account outside Your Firm or becomes aware of any unauthorized access to eCourt using Your Firm’s account, Your Firm must notify the Registrar immediately by contacting the Registrar via facsimile sent to: 306-787-5815. Your Firm is responsible for all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of Your Firm’s account by any person to whom Your Firm disclosed such information or by any other person whatsoever.
Restricted Access. If you are an individual (whether you are accessing eCourt as an approved filer in your own right or under Your Firm’s account), you are only authorized to use and access eCourt and the Content by use of your personal approved filer identification and password (your personal “account”). You are responsible to ensure that your personal account is not disclosed to any other person. If you disclose your personal account to any other person or become aware of any unauthorized access to eCourt using your personal account, you must notify the Registrar immediately by contacting the Registrar via facsimile sent to: 306-787-5815. You are responsible for all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your personal account by any person to whom you disclosed such information or by any other person.
Unauthorized Access. Access to eCourt for the purpose of accessing, filing, using or browsing Content via the internet is permitted; ALL OTHER ATTEMPTS TO ACCESS OR USE eCOURT, THE CONTENT, THE RELATED COMPUTER SYSTEMS OR THEIR RESOURCES ARE UNAUTHORIZED. UNAUTHORIZED USE OF A COMPUTER SYSTEM IS A CRIMINAL OFFENCE IN CANADA.
No Assignment or Delegation. These Terms of Use constitute your personal undertaking and you may not transfer or assign your undertaking or delegate your authority hereunder or under your account.
Governing Law. These Terms of Use are governed by and will be construed in accordance with the laws of the Province of Saskatchewan, Canada, without regard to conflict of law rules.
Required Equipment. You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or use eCourt and the Content, including, without limitation, an internet connection, modem, hardware, software, firmware, peripherals, and long distance or local telephone service, if applicable. You are solely responsible for ensuring that such equipment or ancillary services are compatible with eCourt and the Content. You are solely responsible for any fees or costs associated with all such equipment or ancillary services.
Amendments. The Registrar may, in the Registrar’s sole and absolute discretion, amend these Terms of Use from time to time, for any reason, without prior notice or liability to you or to any other person; provided, however, that the Registrar will ensure that any such amendment will be made available to you on eCourt or by email to the email address you provided to the Registrar with your application for approval to use eCourt. Your access to or use of eCourt or any Content after such amendments are posted or emailed to you signifies your full and unconditional acceptance of those revised Terms of Use as your amended undertaking. You are responsible for periodically visiting eCourt to review the terms and conditions of these Terms of Use. You may not change, modify or amend these Terms of Use in any manner at any time. If you cannot accept or undertake to abide by an amendment to these Terms of Use, you must terminate your account or Your Firm’s account, as the case may be, by notifying the Registrar forthwith.
Consequences of Breach. If you breach any provision of these Terms of Use, you are no longer authorized to use eCourt and you may be subject to the censure of the Court, or both.
Termination. The Registrar may, in the Registrar’s sole and absolute discretion, for any reason, suspend, cancel or terminate your use of eCourt or any Content at any time without notice, whereupon you are no longer authorized to use eCourt. In the event of such termination, these Terms of Use will nevertheless continue to apply and to bind you in respect of your prior use of eCourt.
Extra-Jurisdictional Use. Use of eCourt and the Content is not authorized in any jurisdiction that does not give full effect to all of the terms and conditions of these Terms of Use.
Version. These Terms of Use were last amended on 01 November 2010.