Trusted Tips and Resources

Trusted Tips & Resources

Trusted Regina Real Estate Lawyers at MacKay & McLean Explain The Duty to Disclose

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 are your TRUSTED REGINA LAWYERS. In Mackay & Mclean's latest legal tip they provide helpful information on the duty to disclose in real estate transactions. 


MacKay & McLean Discusses the Duty to Disclose

Buying Regina and are property? Wonder what the obligation on the Seller is to, to be honest? This is called the duty to disclose. 

When buying property, the rule of thumb is caveat emptor or buyer beware.

For this reason, many buyers obtain a home inspection. However, a home inspection may be a double edge sword, as it can negate potential title insurance claims.

The Seller has a duty to disclose latent defects or defects that are not readily observable. Observable defects are generally referred to as ‘patent’ defects. The problem here is that Sellers disputing the claim often claim that they were ‘unaware’ of the defect. This may permit them to escape liability. It is difficult to establish what they did or did not know.

For practical reasons this relegates many to investing in the fix rather than in a law suit.

The failure to disclose a latent defect may entitle a Buyer to collapse a transaction, have it set aside or damages. Please consult a lawyer with respect to your specific situation.

The Property Condition Disclosure Statements that are often included in transactions are somewhat helpful, in that they at least provide some record of the representations made with respect to the property. The MLS listing or web site advertisement, if bought privately, is also very helpful. Lastly, if you are relying on some specific representation, e.g. the ability to build a garage on the property or that the jacuzzi tub works, then make it a term of the contract.

Please contact MacKay & McLean for a free consultation and to discuss any concerns or answer questions you have on real estate and property law 

Read all of our Regina Real Estate Law articles here 

Buying, Selling or Refinancing Real Estate Property in Regina and area, or need general legal advice?

Being a small Regina, SK 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. More importantly, we take the time to listen to you.

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,  specializing in real estatecriminalpersonal injurycommercial & family law.

 

See more legal tips from Mackay & McLean here 

MacKay &  McLean are your TRUSTED REGINA LAWYERS


Trusted Regina Lawyers At MacKay & McLean Explain Custody and COVID-19 Vaccinations

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 are TRUSTED REGINA LAWYERS. In Mackay & McLeans latest legal tip they provide helpful information for separated couples about chid custody and COVID-19 Vaccinations. 

Things To Consider Regarding Custody and Covid Vaccinations- A Legal Perspective 


 Most parents who are separated or divorced will have joint decision-making authority (previously known as joint custody), through a separation agreement or court order. This means that both parents’ consent is required for medical decisions, which includes vaccinations. For most parents, the decision to vaccinate their children is an easy decision to make. However, with the introduction of the experimental COVID-19 vaccine, whether or not to vaccinate is a rapidly increasing issue in family disputes. This issue is further complicated when the child reaches an age where they can express their opinion on the issue.

Canadian courts, in considering the views of a minor when determining what is in their best interests, contemplate what is referred to as the “mature minor doctrine.” In deciding whether or not to take a child’s voice into consideration, the court considers the child’s age and their maturity. Even if the court does decide to take the views of a child into consideration, the child’s wishes are not determinative. Rather, they are simply one factor to be taken into consideration against the entire backdrop of the situation.

The issue of competing wishes amongst a child and their parent(s) on obtaining the COVID-19 vaccination was recently addressed by Mr. Justice Megaw of the Saskatchewan Court of Queen’s Bench in the decision O.M.S v E.J.S., 2021 SKQB 243. The father of a 12-year-old daughter sought an order allowing him to get his daughter vaccinated without the consent of the mother, who was opposed.

The father wanted his daughter to receive the vaccination due to his concerns regarding the COVID-19 virus, while the mother was opposed based on the daughter’s desire not to have the vaccination, the daughter’s diagnosis of vaccine toxicity, and the mother’s general opposition to vaccinations and concerns about the accuracy of COVID-19 information.
In making his decision, Mr. Justice Megaw undertook an analysis of the Divorce Act and relevant case precedents with his primary focus being on the best interests of the child. In considering the child’s wishes, Mr. Justice Megaw stated:
I cannot simply, in any event, exercising the Court’s parens patriae jurisdiction, leave the decision in this regard in the hands of a 12-year-old. She is, after all, a child. She is 12. She is entitled to expect the ongoing guidance of the adults in her life and she is not entitled on all matters to simply make a decision on her own. This is one of those situations. Her views, as suspect as they may be, do not carry the day here.
Mr. Justice Megaw, taking into consideration the global pandemic, the child’s needs, and the child’s views and preferences, determined that it was in the best interests of the child to receive the vaccination without the consent of the mother, despite the contrary desire of the child.

In a similar decision, D.P. v G.M., 2021 QCCS 3582, the Superior Court of Quebec decided in favor of a 12-year-old child receiving the COVID-19 vaccination who, unlike in O.M.S v E.J.S., 2021 SKQB 243, expressed a desire to receive the vaccination. The child’s mother asked the court to grant an order allowing her son to receive the vaccine, while the father refused as he believed the child already had antibodies and was concerned about side effects due to the child’s weight and previous allergies. The child was represented by his own lawyer and representations were made on his behalf confirming his desire to receive the vaccination.
The court, focusing on the best interests of the child, determined that it was in the child’s best interests for the vaccination to be administered without the consent of the father. When considering the child’s wishes, the court stated:
Although the child’s desire cannot be considered as decisive in the present matter (only a minor aged 14 years and may give his consent to care alone), the Court notes that the child’s wish is serious and well-reasoned.
In a decision of the Ontario Superior Court, A.C. v. L.L., 2021 ONSC 6530, the parents of 14 year old triplets agreed that their children had the capacity to make a decision on whether or not they received the COVID-19 vaccination. The court, in light of the parents’ agreement, allowed for two of the children to receive the vaccination, and one not to, based on their respective wishes.

While there have been a limited number of reported decisions addressing children and the experimental COVID-19 vaccination in the context of a separation or divorce, the courts appear to be ruling in favor of a child getting vaccinated in accordance with public health guidelines, regardless of the wishes of the child or a vaccine-hesitant parent.
If you are separated or divorced and dealing with the issue of vaccinating your children, our lawyers are ready to help. Contact our office for a free 30 minute consultation.




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. They are Trusted Regina Lawyers, based in Regina Saskatchewan,  and they specialize in real estatecriminalpersonal injurycommercial & family law.

See more legal tips from Mackay & McLean here 



Trusted Regina Lawyers at MacKay & McLean Share 5 Tips If You Are Considering A Separation

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 are TRUSTED REGINA LAWYERS. In their latest tip they provide their top legal tips for individuals going through or considering separation


Top 5 Things To Consider when Going Through A Separation 





So, you’ve separated. Now what?

The short answer? It depends.

As with most things, separation can take one of many paths, and there is no universal approach. Generally, we see two paths: an easy way and a hard way. The easy way involves agreement and, often, compromise. The hard way usually involves lawyers, courts, and a lot of time, money, and emotional hardship.

If you’re certain this is the end of the relationship, I suggest you read the rest of this article. If you think you are just taking some time apart, it may be pre-emptive to consider the following steps. Please keep in mind that these suggestions are aimed at those who have truly reached the end of their relationship. Even If you were never legally married, the law may still consider you a spouse. This will vary by jurisdiction, legislation, and context, but in Saskatchewan, the rule of thumb is that one obtains property and support rights and or obligations after two years of living together.

If you were legally married or a spouse, here are the top 5 things you need to consider after separation.

1. IF YOU HAVE KIDS, PLAN YOUR PARENTING ARRANGEMENT

After separation, you must consider your parenting arrangement. Your child, or children, are of primary importance. How you handle things now will have a lasting impact on your relationship with them, their schooling, their friendships, and their state of mind. Accordingly, a lot of thought should go into this.

The Children’s Law Act, 2020 sets out that parents are presumed to have joint decision-making authority and responsibilities. No longer do courts in Saskatchewan look at simply custody and access. The primary focus is on what is in the best interest of the child or children.

The court will focus on the age of the child and their stage of development, the child’s relationship with each parent, each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent, and so on.

When agreeing to a parenting arrangement, you should discuss things such as the weekly schedule, holidays (including long weekends), birthdays, summer vacation, and family travel. Make sure to keep in mind the child’s schedule, as well as what is realistic and possible with each parent’s work schedule.

Ultimately, there is not a single “correct” arrangement, and the best plan is always going to be the one that works for your family.

2. DECIDE WHO IS LIVING WHERE

After separation, it is important to consider who is living where. Some have suggested that staying in the family home is paramount, but this advice is questionable. The family home is a sharable asset, no matter whose name is on the title or who continues to reside in the residence after separation.

If there are children the primary consideration is often how to minimize any disruption in their lives. To this end, former couples may enter into “nesting agreements” where they share the home or continue to live with one another. A “legal” separation starts when the intention to live separate and apart forms.

Often, one party will stay in the home and the other will find someplace to rent. Deciding who will live where and how it will be paid for is the focus at this stage.

3. TAKE STOCK – INVENTORY ALL ASSETS AND LIABILITIES

Once things have slightly settled, make a list of what you have and what you owe, along with the corresponding values of each.

Gather information that confirms or verifies when cohabitation commenced, a copy of your marriage certificate, and any documents that support your list of assets and liabilities or debts.

You usually don’t want to go so far as to list every dish and piece of silverware, but you should definitely list major assets, e.g. home, cabin, cars, jewelry, art, etc., and estimate the fair market value of each. Similarly, list the debt each person has.

Upon separation, the rule of thumb is that you divide the gains during the marriage. Therefore, you should parse out the property that you had, or the value of it, prior to the marriage.

If you had a common-law relationship, the two-year anniversary is considered the “date of marriage”.

Decide who keeps what.

4. GATHER TAX RETURNS

One of the primary things lawyers will look for next is evidence as to what each party makes. This will require documentation of sorts, e.g. income tax returns, notices of assessment, and pay stubs.

The income information can be used to determine whether one party should pay support. If you know the other party’s income, you can calculate support on your own using sites such as https://www.mysupportcalculator.ca/. Sites such as this one can help determine your budget and how much you need or have to live on.

5. PUT IT INTO WRITING

Once the dust begins to settle and the vision for the future becomes a little clearer, you should encapsulate everything in a separation agreement. It’s better to avoid serious issues in the future by building a good agreement today. Having a separation agreement in place makes the path going forward a little easier, including the likely divorce, and it helps avoid disputes.
Separation agreements generally revolve around 5 things:

  • Recitals, which spell out the details of the relationship and the parties—date of cohabitation and/or marriage and date of separation;
  • Custody, access and parenting arrangements;
    Child support;
  • Division of property—who keeps what property and who takes what debt; and,
  • Spousal support—how much will be paid and for how long.

The cost of preparing an agreement like this typically depends on how much the lawyer must negotiate, as well as how complicated the affairs are of the parties involved. For example, if the parties have lots of business entanglements, then the cost of an agreement will be higher. And, if the negotiation is already mostly done, agreements may be drawn up for a lot less.

Click on this link to read our full article and to watch a video that provides more helpful information 

At the end of the day, we know that this list of things to consider after separation isn’t comprehensive – it would be impossible to make a list that covers every scenario! This is why we offer a free consultation. You can call 306.569.1301 to speak with one of our experienced lawyers .We will try to get back to you as soon as possible, usually within 24 hours.


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. They are Trusted Regina Lawyers, based in Regina Saskatchewan,  and they specialize in real estatecriminalpersonal injurycommercial & family law.


See more legal tips from Mackay & McLean here 


Trusted Regina Realty Lawyer shares a tip for home buyers on how to avoid real estate mistakes

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 are TRUSTED REGINA LAWYERS

When looking to buy, sell, or refinance a property, you need to hire somebody who is not a stranger to addressing the real estate needs of individuals and families. 

How to avoid realty mistakes

If you are selling or Investing in a home can be overwhelming and stressful. It is, perhaps, one of the most important decisions you will ever need to make.  It is fraught with potential pitfalls and you must do everything you can to avoid making costly mistakes. the following is list of the biggest mistakes we all make when buying and selling our homes.


Failing to Showcase Your Home and Making Small Cosmetic Changes

When you are selling your house, you have to really look at it objectively and think about it from the viewpoint of the house hunter. Make minor enhancements to the house and maybe hire a professional stager to come and arrange your furniture. 

Staging is about decorating your house for the buyers' taste, not yours.

 A great place to start is with the front of the home and the main entryway. Home staging is designed to increase the potential selling price and reduce the amount of time the house stays on the market.


Setting Too High of a Sale Price

As a seller, it's really important to do your research. To come up with your sale price, look up what comparable homes in your neighborhood have sold for. Figure out what the going price is and try to put yours right in the middle of that, unless you have something extra-special to offer. It's always better to price a home that way than to start too high and have to reduce. Once you reduce, it always looks like something is wrong with the home.


 
Overlooking the Extra and Hidden Costs
  
Buying a home is not just about the money that you spend upfront; it's  about all the rest of the money you have to spend beyond that. Find out what the property taxes are, what your water bill might be and what a standard electric bill is in that home, especially if you have electric heat instead of gas heat. You also need to factor in furnishings you may need to purchase before you can move in.



Buying a Home Without a Professional Inspection

There are a lot of things a home inspection can reveal about a property that are not visible to the naked eye. Be sure to hire someone who comes with a good referral basis, who's been in the business a while and knows what to look for. Look up  Home Inspectors and get a list of qualified home inspectors in your area. 


Be sure to hire a home inspector to thoroughly check out a house you are interested in purchasing.

Once you find an inspector, insist that they compile a written report, complete with photos. Photographs are important because there are areas a home inspector will go that you might not look at.

Falling in Love With the First Property You See

Many homebuyers, particularly first-time homebuyers, fall into the trap of falling in love with the very first house that they see. You need to at least look at three more houses in the area to get an idea of what the comparables are in that price range. You want your real estate agent to show you homes comparable to what you saw. At the end of the day, re-evaluate.

Skipping the Loan Pre-Approval Step

When you are pre-approved, the bank is saying, "we will give you a mortgage of up to this amount, so now all you have to do is find your home." Some sellers only allow real estate agents to show their house if someone has a pre-approved letter. That indicates that the shopper really is serious about buying a home.

Not Hiring an Agent

There's a lot more to selling a house than just putting a sign on the front lawn. If you don't have an agent, you will not get on the multiple-listing service (MLS). That means that other agents are not going to know that your property is for sale. Another thing to consider is if you are willing to show the house each time someone wants to come by and look at it. If you do plan to sell your house on your own, be sure to have a lawyer present at the closing. It's really important to have someone on your side who understands all the complexities.


Not Thinking About Resale

When you are decorating and renovating your home, you need to think about what is going to appeal to a broad section of buyers when it comes time to sell it. Buying houses and being in the real estate market is like chess: You always want to look two or three steps ahead in the game.

Not Researching the Neighborhood

It's absolutely critical that you research the neighborhood before you buy. Check out the area, amenities and the school system to be sure that your address corresponds with the correct school district. Also attend a community meeting, if possible. You're not just buying a house, you're buying a piece of that real estate and the land around it.

Buying a House for Its Decor

Remember that you are buying the house, not the things inside it, so make sure you see beyond the decorations and look at the bones of the home. Focus on the floor plan and the square footage. You also might want to measure the dimensions and graph out how that's going to work with your belongings.

Not Providing Easy Access for Showings

Make your house easily accessible to potential buyers. If there's nowhere to park or it's difficult to get into, buyers may just skip it and look at someone else's property.

When you go about buying your home the right way, you can make it less difficult and ensure success. For more questions and help with any legal property issues consult with our Trusted Regina Real Estate Lawyer Robert MacKay

Here is a list of more consumer tips by Robert MacKay 


Robert MacKay's team provides professional, personalized service and with their assistance, you can rest assured that your real estate transactions will be handled with the utmost consideration and care.

They  provide a full range of legal services including:

  • Real Estate & Mortgages
  • Wills & Estates
  • Family Law & Divorce
  • Commercial & Corporate Law
  • Litigation & Personal Injury

ROBERT Mackay is your TRUSTED REGINA REAL ESTATE LAWYER!


Trusted Regina Lawyer gives us some advice about why you should consider fighting Traffic Tickets

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 are your Trusted REGINA LAWYERS. In Mackay & Mcleans' latest legal tip they provide helpful information about traffic tickets! 

Should you fight your traffic ticket?


Here are some important points to consider when deciding if you should fight your traffic ticket.


  1. Did you ever feel that when you received a traffic ticket you were already considered guilty?
  2. If you were told you were cheating on an exam, would you simply accept it? 
  3. If your bank told you that you’re being charged a fee because you overspent, when you didn’t – would you just “pay it?
  4. Would you just accept being overcharged at the grocery store and not say anything?


"The average person’s experience with the police is nearly always with a traffic stop. Most of us are nervous with this singular encounter. The expectation is that you have been caught doing something against the law and the expectation is that you will just take the punishment of paying the fine." Robert Mackay 
Make no mistake Traffic Tickets is an industry and the only significant revenue source, besides taxes, for the court system. Most cities and towns with a police force place the amount expected from traffic tickets as part of their yearly budget. Conflict of interest bleeds through the entire system. 


Here are some of the many reasons why you should consider fighting your ticket:

  • Civic duty - government considers it a good source of extra revenue. Fighting them discourages over-use 
  • Just paying the ticket costs money
  • It will cost you more money when you renew your license
  • Tickets affect your driving record
  • Too many tickets can affect whether you can drive, or not
  • It can affect your insurance premiums
  • Points against your licence can add up quickly but take a long time to disappear
  • Maybe you just want time to pay your ticket - fighting it often gives you more time
  • You might not actually be guilty of anything

How to Decide Whether to Fight or Fold


Before assuming the ticket can’t be beaten and resigning yourself to writing out that check, we encourage you to take a hard look at the facts to see if you have a reasonable chance of success. You may be surprised at the variety of legal grounds available for defeating your ticket.