Trusted Tips and Resources

Trusted Tips & Resources

A Trusted Regina Legal Professional shares information on amendments to the Health Information Protection Act

A Trusted Regina Legal Professional shares information about AMENDMENTS TO THE HEALTH INFORMATION PROTECTION ACT

The Health Information Protection Act (HIPA) was enacted in Saskatchewan in 2003 to govern and regulate the collection, use, and disclosure of personal health information. This legislation places duties and responsibilities on organizations and individuals in the health care system to ensure proper collection, use and safekeeping of personal health information.

You may not have know but some amendments to HIPA came into force on June 1, 2016. The amendments seem to be aimed at increasing protection and safekeeping of personal health records, and increasing accountability of trustees and their employees in handling those records. The amendments include the following:


  • If personal health records are found unsecured, the trustee responsible for the records will be found strictly liable for the offence unless he/she can established that he/she took all reasonable steps to prevent the infraction.
  • An employee of a trustee can be held liable for intentionally using, accessing, or disclosing personal health information without authorization. These provisions seem to be targeted at individuals “snooping” into the personal health information of others.
  • A new provision implements a system to quickly respond to the discovery of abandoned or unsecured records and to take control of the records.

The Government of Saskatchewan has further advised that new privacy legislation, including The Freedom of Information and Protection of Privacy Amendment Act, 2016 and The Local Authority Freedom of Information and Protection of Privacy Amendment Act, 2016, is currently being introduced and is expected to come into force in 2017.

A lawyer should be consulted to determine the legal implications of provincial and federal privacy legislation on your privacy and access interests.


About the author:

Katherine is an associate practicing in the Regina office.


McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Innovation, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.


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.


Find Mckercher LLP in the heart of Reginas downtown, or see their listing on the Regina directory under Legal & Professional services.


Robert MacKay Trusted Regina Real Estate Lawyer shares a Tip about Title Insurance

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

The Trusted Regina team is proud to bring you a partner that can help! Welcome Robert MacKay , Regina’s #1 Home Lawyer to Regina’s directory of excellence!

Title fraud is approximately a C$1.5 billion dollar a year industry and growing. This has given rise to new products being made available to you to help protect yourself. One such product is title insurance.

Initially, title insurance was used in Saskatchewan only when a surveyor's certificate was not available. This is because it insures against any defects that would have been revealed if a surveyor's certificate or real property report had been obtained. People opted for title insurance because it cost less than a new survey. However, title insurance protects you against much more and it is especially good for people buying used residential real estate, rental properties or commercial real estate.

Like other insurance products, you pay a premium to the insurer. Usually, this is a one time fee. Different insurers structure their pricing differently and there are policies for owners and policies for lenders, so rates vary. The premiums for condominiums are usually less. The fees for commercial transactions are typically greater.

For the one time premium you get protection for as long as you own the property and it protects your estate in the event of death. The amount of protection is up to twice the fair market value of your property, at the time the insurance was obtained.

Lawyers will usually charge an administration fee of $75 to $150 to provide the appropriate data and information to the insurer.Typically, title insurance is obtained through your lawyer's office when you buy a property.  "Existing Home Owner's" insurance is also available at any time.  Some insurers in Saskatchewan, like Co-Operator's, are now providing the product.

It is important to remember that lawyers do not receive any compensation from the title insurance companies for recommending or assisting you with obtaining title insurance, i.e. we are not sales people for the title insurers and we do not receive trailer fees or commissions from the insurers.

In fact, a lawyer's failure to discuss title insurance with you may constitute professional negligence and that lawyer may be liable to you if you suffer damages from something that title insurance would have protected you against. In other provinces, for example, Ontario, lawyers are obligated by their professional code of conduct to thoroughly discuss title insurance with you.

I recommend title insurance because I believe that most times it is in your best interests to have it. At the very least, you should have the opportunity to make an informed decision.

The four main title insurance companies in Canada are: (1) First Canadian Title Insurance, (2) Stewart Title Guarantee Company, (3) Title Plus, and (4) Chicago Title Insurance Company. For more information on title insurance, its cost and benefits, visit the following websites: First Canadian Title; Stewart Title Guarantee Company; Title Plus; and, Chicago Title.

Some things are better to have and not need, than need and not have. Title insurance is one those things.

*Always check with the insurer to see what they cover and what they do not. Make an informed decision.



Trusted Regina Law firm tip on grounds for divorce in Saskatchewan


 

Untying the Knot: Grounds for Divorce in Saskatchewan: 

 

 

Anyone who has gone through a divorce will likely tell you it was a difficult time for them mentally, emotionally, and financially. Understandably, clients often seek advice at the first signs of trouble in their marital relationships. One question I’ve heard repeatedly in my short time practicing family law is “how do I get a divorce?”

Divorce in Saskatchewan is governed by federal legislation called the Divorce Act. Although this blog entry refers to Saskatchewan, the Divorce Act applies to all of Canada. In Saskatchewan, only the Court of Queen’s Bench has jurisdiction to deal with a Petition for Divorce, and in order to get a divorce, one must make an application to the Court. There are many common misconceptions about what a couple and/or spouse must prove in order to get a divorce, but the truth is there is only one ground for divorce in Canada: marital breakdown.

What is “marital breakdown” and how does one go about establishing that a marital breakdown has occurred? The Divorce Act sets out three ways to establish marital breakdown:

1. Living separate and apart for one year

This is, by far, the most common ground for divorce, and is the easiest to prove. Spouses are considered to have been separated for one year when they have lived separate and apart for a period of 12 months. Although the period of separation must be uninterrupted, a brief reconciliation during the year (up to 90 days) will not interfere with the calculation of time, as long as the reconciliation is unsuccessful.

2. Adultery

If you choose to seek a divorce on the basis of adultery, you must establish that adultery occurred. You must also swear that the adultery was not condoned by you, and that it was not permitted or invented simply as a means to obtaining a quick divorce. Note that adultery can be difficult to prove if your spouse is unwilling to simply admit to it in an affidavit.

3. Cruelty

Finally, a divorce may be granted in circumstances in which your spouse has treated you with intolerable physical or mental cruelty. If your spouse has treated you in such a way that it would be unreasonable or intolerable for you to continue to live with them, the Court may order a divorce. On a petition for divorce on the basis of cruelty, the Court will consider the effect of the conduct in question on you, the victim, in order to determine whether the behaviour in question constitutes cruelty.

 

 

Please note that the divorce itself is only one issue a couple faces when their marriage breaks down. Other issues that arise when a couple separates include the division of family property, custody and access regarding children, child support, and spousal support. If you choose to seek a divorce, on any of these grounds, it is best to consult a lawyer who can guide you through the procedure of obtaining a divorce and settling the corollary issues that arise when a couple separates.

 


 

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.

See lawyers listinsg on the Regina directory under Legal & Professional services.


 

Robert MacKay Trusted Regina Real Estate Lawyer shares Pilot Butte homeowner considers lawsuit over backyard drainage ditch

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet!! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

The Trusted Regina team is proud to bring you a partner that can help! Welcome Robert MacKay, Regina’s #1 Home Lawyer to Regina’s directory of excellence!

 

Pilot Butte homeowner considers lawsuit over backyard drainage ditch:

 

 

REGINA – Stephanie Gabber’s excitement over buying a new home in Pilot Butte quickly wore off when she tried to develop her backyard and found a drainage ditch running through the property.

“Had I known, I would never have bought here, ever,” she said.

Gabber bought the home in May. She planned to put up a fence and lay down sod. When she started the work, she was told to stop because it would interfere with the easement.

“I bought it (the property) so my dogs could play, my kids could play. That’s not what I have.”

Gabber said the easement wasn’t disclosed to her before buying the property.

The town said it’s a registered land title, but admitted to a discrepancy with Gabber’s property lines on the Saskatchewan Land Surveyor’s Real Property Report.

Water works manager, Chaun McCurdy, said the town is moving the ditch one meter closer to the edge of her property, but unfortunately that’s the best they can do.

“Without it there to catch that water and direct it away, it will eventually go and fill up other people’s backyards,” said McCurdy.

 

 

Robert MacKay with MacKay & McLean Barristers & Solicitors said the situation highlights the importance of having a team in your corner when buying a home. That includes a realtor, lawyer and mortgage broker.

“There’s a lot going on in a transaction and it could be easy to miss,” said MacKay.

He also recommends homeowners always invest in title insurance.

“If you have this old survey, and got a newer one that says the easement is here, but it should be here, what does that do to the fair market value of your property? Well, with title insurance you may have a claim,” explained MacKay.

However, Gabber is prepared to go a step further and file a lawsuit against the municipality of Pilot Butte.

“I’m stressed beyond belief. Mentally, it takes a toll. Financially, it takes a huge toll.”

McCurdy said he’s spoken to the land developer and home builder to ensure anyone buying property in the new development is fully aware of the easement.

 

Robert MacKay is your Trusted Regina Real Estate Lawyer

homelawyer.ca

mackaymclean.com

 

Robert MacKay Trusted Regina Real Estate Lawyer shares three words used to describe MacKay & McLean Barristers & Solicitors

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

The Trusted Regina team is proud to bring you a partner that can help! Welcome Robert MacKay, Regina’s #1 Home Lawyer to Regina’s directory of excellence!

Trusted Regina's Real Estate Lawyer expert Robert MacKay from MacKay and McLean shares three words

used to describe MacKay & McLean Barristers & Solicitors from their Regina Blog.

 

The three words most commonly used to describe MacKay & McLean Barristers & Solicitors

Service. Solutions. Integrity. 

Being a small firm, the lawyers of MacKay & McLean give personal, professional attention to each of our clients, thus maximizing results while minimizing cost. Our lawyers and front office staff take the time to talk to you so that you are comfortable with the process of our services. More importantly, we take the time to listen to you.
 
 
 
We provide a full range of legal services including:
 
• Real Estate & Mortgages
• Wills & Estates
• Family Law & Divorce
• Commercial & Corporate Law
• Litigation & Personal Injury
 

 

Your first consultation is free so that we may assess your need for a lawyer, cost of services and how we may help you.

MacKay & McLean provides the professional services of a large firm, with the intimate attention of a small firm. The legal process can be daunting and overwhelming, but it doesn't have to be. MacKay & McLean is with you every step of the way.

 

Robert MacKay is your Trusted Regina Real Estate Lawyer

 

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