Trusted Tips and Resources

Trusted Tips & Resources

Trusted Regina Lawyers at MacKay & McLean Share the Law Around Domestic Violence and Best Interests of the Child.

MacKay & McLean provides the professional services of a large Regina law 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.

MacKay &  McLean is a  TRUSTED REGINA LAW Firm. In Mackay & Mclean's latest legal tip they provide helpful information about the family law about domestic violence and the duty of care to children.  

Family Lawyers at MacKay & McLean Barristers & Solicitors Share the Law Around Domestic Violence and the Best Interests of the Child. 



In our latest Trusted Regina Legal tip, we share information on domestic violence and the Children’s Law Act when considering the best interests of the child.


On March 1, 2021, The Children’s Law Act, 2020 (the “CLA”) came into force. The CLA amended the criteria for the best interests of the child analysis, directing the courts to more effectively consider family violence as a factor when determining decision-making responsibilities and parenting time.

The relevant sections of the CLA for determining an appropriate parenting order are sections 10(1) through 10(4), which now specifically require the court to take into consideration any family violence including the nature, seriousness and frequency of violence, the harm or risk of harm to the child and the pattern of this behaviour, amongst other factors. 

Allegations of domestic violence are present in a significant number of applications before the court. However, more often than not, the alleged abuser categorically denies the allegations. The issue of who to believe and what weight to attribute to the allegations has been a common issue in family law. With the new amendments to the CLA, these issues are, once again, front and center.

Since the CLA came into force several cases have come before the Saskatchewan Court of Queen’s Bench addressing this issue. In Juraville v Armstrong, 2021 SKQB 73, the mother and father both alleged physical, verbal, emotional and sexual abuse at the hands of the other and denied, absolutely and completely, the version told by the other. Mr. Justice Megaw performed an in-depth analysis of how the court considers contradictory evidence of domestic violence in light of decision making and parenting, stating:

 

The real question, therefore, is not whether particular events, or any events, did or did not happen. Those may be determined in a trial, or they may remain undetermined. The focus of the court now must be on, and remain on, the best interests of these children and how to safely structure parenting in view of what is being alleged. The allegations of violence and abuse must, of course, be considered in determining these best interests. Such consideration is done not from a perspective of punishing the alleged abuser, or any party. It is important to keep in mind, by addressing the allegations of violence and abuse and by inserting protections, the court is not to be seen as having made findings of fact regarding these allegations.
 

Ultimately, despite the significant allegations of domestic violence, Mr. Justice Megaw determined that the concerns regarding allegations of violence could be addressed by ensuring the parties did not interact on a personal level and that the evidence did not support a conclusion that the children’s best interests would prevent parenting time with either the mother or father.

In a similar decision, DW v EO, 2021 SKQB 157, both parents alleged domestic violence was inflicted by the other and adamantly denied they were the perpetrator of any abuse. Despite the allegations, Madam Justice Richmond determined that it was still in the child’s best interests to have a shared parenting arrangement to facilitate the relationship between the child and both parents. This, despite the fact that both parents alleged family violence, demonstrated an unwillingness to cooperate with the other regarding the care of the child with violence and arguments continuing to occur in front of the child and a high level of anger and animosity towards each other.

While it is now a legislative requirement through the CLA for the court to consider domestic violence when analyzing the best interests of the child, it is still only one of many factors for the court to consider in a highly subjective analysis. Based on recent case law, the presence of domestic violence, particularly where the violence has not been inflicted on the child, appears to have minimal impact on the best interests of the child analysis.


Robert Mackay and the team at Mackay & McLean offer a variety of legal services and are able to represent you in a variety of situations that require counsel. In addition, they offer a free initial consultation. Trusted Regina Lawyers, based in Regina Saskatchewan, specialized in real estatecriminalpersonal injurycommercial & family law.

See more legal tips from Mackay & McLean here 




The Trusted Regina Team are Thrilled to Introduce you To Artemis Homes A Trusted Regina Home Builder

The Trusted Regina team is thrilled to brag about Artemis Homes our newest Trusted Regina Partner! We are thrilled to welcome Myles and the team to the Trusted Regina Community of business operated with integrity. Artemis Homes is a Trusted Regina Custom Home Builder 


Artemis Homes-Innovation, Comfort, Community  

At Artemis Homes, they focus on building high-quality, single-family homes throughout the Regina area. The leadership team headed up by President Myles Winnicki & Chairman John Grant have decades of combined construction and customer service experience.

Artemis Homes are dedicated to offering professional exterior and interior design, made with quality materials and extreme value. With over 450 builds across Western Canada under their belts, they strive to meet the needs of their customers and strengthen the community one home at a time. They work closely with the local home plan designers at Robinson Residential,  and currently, Artemis Homes boasts impressive 11-floor plan options to choose from (and growing).

The Artemis team have build's happening across the city, from infills in the highly sought after Cathedral District to plots at Westerra, a 490-acre Community located off Dewdney Avenue in West Regina, that offers a truly unique living experience.

Myles (pictured right) runs a tight ship, and he is passionate about maintaining excellence in every aspect and at every stage of every build.  When the Trusted team toured some of the current homes under construction we were very impressed by how clean and tidy the job sites are. Myles pointed out the details that matter to him, including the triple glazing, which is a standard feature in all Artemis Home. Myles is the face of Artemis and he has been involved within the construction industry for over 35 years. He started out as a construction labourer and over time he worked his way up the ladder gaining valuable experience on the way. He has developed a reputation within the industry for being immensely prepared and organized leading to an efficient build process. Myles truly understands what goes into building your home and he will ensure it is built right.


We take pride in our work and run our business with integrity.  We truly love doing business in Regina and are proud to be part of this wonderful community. Trusting a good, reputable home builder with one of life’s biggest investments is very important and we don’t take your trust in us lightly. The Artemis team is committed to client satisfaction and we even offer a doorstep-to-deck warranty. That’s right, we stand behind what we build! - Myles Winnicki

WHY Choose Artemis Homes? 

If you are looking for a Regina home builder there are many reasons we recommend considering Artemis Homes and we list a few of them below:  

  1. They are a team of skilled individuals who stand behind the work they do. You can see their commitment to integrity from the planning stages all the way through to completion
  2.  They put their all into everything they do, right down to the last detail. You want your home to be perfect…and so do they!
  3. They strive to be on the leading edge of home building innovation best practices.
  4. They focus on the details that matter. If you walk through their show home you won't fail to be impressed at features like the lighting and the mouldings. 
  5. Their warranty- their industry-leading doorstep to deck protection. Two-year open warranty, giving you peace of mind.

As part of the Trusted Regina verification process, we spoke to several clients and suppliers to get a feel for how they operate. When we chatted to their interior designer Erica Eftodie, who is an Interior Design Technologist at Robinson Residential she said, 

 "Artemis will allow designs to have quality products and materials in order for the concept to come together in a meaningful way. Attention to detail is important when a design package is created and Artemis takes the time to understand why you chose the finishes you chose and agrees to make each individual choice a priority to pulling off the entire look. They do not shy away from designs or cut corners because they are complex, expensive, or time-consuming, they put pride into their work and make the home beautiful so that the space can be enjoyed by anyone who resides in it." 

Check out the Artemis Homes Trusted Regina Listing to read more reviews and to see all they do. Be assured their team has a personal commitment to exceed their clients' expectations through quality service, build practice, construction, and value

Artemis Homes Is A Trusted Regina Home Builder


Trusted Regina team brags about James Wruth a Trusted Regina REALTOR®

The Trusted Regina team is thrilled to brag about our newest Trusted Regina REALTOR®. We are thrilled to welcome James Wruth to the Trusted Regina Community of business operated with integrity.  James Wruth is a Trusted Regina Real Estate expert



James Wruth of RE/MAX An Expert At Your Side

James Wruth is one of Regina’s most trusted and top-selling Realtors. A member of Remax Crown Real Estate since 2006, James works with families, individuals, investors, and developers in the purchase and sale of residential properties. Since 2006, James has been a consistent Top Producing Realtor, and he has been awarded numerous prestigious distinctions including Re/Max 100% Club distinction, Platinum Sales Award, and Remax Hall of Fame induction.







A Regina real estate professional known for his extensive market knowledge and his unmatched devotion to his clients, James’s success is based almost exclusively on client referrals. He earns the respect and loyalty of his clients by working tirelessly on their behalf and by always offering them honest and candid advice.

"James is an outstanding Realtor who takes the time to provide unbiased advice around any properties we were looking at in order for us to make an informed decision. His attention to detail professionalism patient manner allowed both my wife and I to confidently assess options and we could rely on him to provide pros and cons while keeping in mind our needs for our perfect home. James always went the extra mile. You have created raving fans out of us both " - Colin Romano- Regional Manager Investment and Retirement planning - RBC Royal Bank 


James Wruth believes that relationships are more important than transactions and he has built his Regina real estate business around that philosophy. 
 
When we sat down with James our team was immediately impressed with his authenticity and professionalism. He has over 15 years in the Regina real estate industry and is clearly an expert who loves what he does. He shared that he has worked diligently to build the business over the years, apart from when he took a year off in 2016-2017. This was because James made the decision to put his career on hold and spend as much time as he could with his father before he passed away in September of 2017. James is a family man through and through and he is a proud father to 3 daughters.  

Community Support.


James Wruth is committed to supporting the community and actively supports many Regina non-profits and charities,  including Children’s Miracle NetworkHospitals of Regina FoundationSouls Harbour Rescue MissionThe Royal Canadian Legion and the Saskatchewan Wildlife Federation.


He believes in personalized one-on-one service to fully understand you, your real estate goals and to be 100% accountable to you. If you are looking for a real estate agent who works tirelessly on your behalf and always offers honest and candid advice then James is a perfect choice. 



"The responsibility of selling your home in Regina and area does not come lightly to me. I understand the effort and challenges that surround the decision to sell your current property, and I will provide the real estate expertise, resources and strategies to guide you through it seamlessly. I'm here to provide you with the guidance you need to feel confident and absolute certainty that you are in the right hands." James Wruth


Sell Your Home For The Best Possible Price, With The Least Amount Of Time and Stress!

James Wruth Is A Trusted Regina Estate Agent



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