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. 

What 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 is 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?

Do you know what kind of mortgage you have?

Hardly anyone pays attention to what type of mortgage they have. 

Sure, they know whether they have a fixed rate, a variable rate or an adjustable rate but few are aware that their mortgage will have a particular legal standing or why it is important.

When a market goes up, it's all roses and sunshine, at least if you already own your own home. Trying to buy in such a market can be a scary proposition. When the market goes down, well, that's scary too but for different reasons. 

Buying a house to find out it might be worthless in a year's time is not a fun proposition. However, we all still need a place to live and the markets will do what it will do.

In the event the downturn is significant or if you know what hits the proverbial fan, all of a sudden that legal distinction can be very important. 

Purchase Money Mortgage

For if you have what is known colloquially as a "purchase money mortgage", money borrowed to buy the property, then the bank's recourse is limited to the seizure and sale of the property.

So, if it sold for $1.00 but you still owed $1,000,000, well, the bank will be hoping its mortgage was insured, as they are not unable to chase you for any deficiencies under the mortgage.

This is an important consideration in a lot of foreclosures, as a lot of people have refinanced their property to consolidate debt or finance renovations. Luckily, the portion of the mortgage that related to the property's purchase is still protected.

Once you have committed to either buying or selling your property, simply tell your realtor and lender, as applicable, that Robert MacKay will be representing you and to forward the appropriate instructions to MacKay & McLean, attention "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!

It is said that in this world, nothing is certain but death and taxes. Modern estate planning aims to assist individuals to navigate both of these unpleasant certainties.  Preparing double wills is an estate planning technique which minimizes the number of probate fees (estate administration taxes) payable on death by your estate.

Primary and Secondary wills 

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

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?

Robert MacKay your Trusted Regina Real Estate Lawyer expert explains how CRA may penalize you if you fail to report it.

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. Robert MacKay is the man to call. ROBERT MacKay is your TRUSTED REGINA REAL ESTATE LAWYER!

Our Trusted Regina Real Estate Lawyer Robert MacKay want's to ensure Landlords are fully aware of the financial and legal issues that can arise from criminal activity conducted by a tenant.  

A recent article from the Star Phoenix "Regina landlords lose bid to make insurer pay for drug-house explosion" details how a local landlord attempted to gain compensation for the home from the insurance company.  The insurance company had denied their claim and pointed to a 2003 notice posted in a renewal package that stated simply: “We do not insure property used for the illegal cultivating, harvesting, processing, manufacturing, distributing or selling of marijuana.”

Even though the landlords claimed they took all reasonable steps to screen the tenant and his partner, who had children and were otherwise “model tenants.” There was simply no way for them to know the tenants were surreptitiously running an illegal drug operation in the home, they argued.  However, Court of Queen’s Bench Justice Richard Elson rejected those arguments stating "changes to the policy were hardly “buried.” They came highlighted in a special box on the front page of the renewal form". Further, he noted that renting always carries an element of uncertainty — and landlords should be prepared for the worst.

How can a landlord limit responsibility for a crime committed by strangers on the rental property?

Screen tenants carefully and choose tenants who are likely to be law-abiding and peaceful citizens. Weed out violent or dangerous individuals to the extent allowable under privacy and anti-discrimination laws that may limit questions about a tenant's past criminal activity.

• Don't accept cash rental payments.
• Do not tolerate tenants' disruptive behaviour. Include an explicit provision in the lease or rental agreement prohibiting drug dealing and other illegal activity and promptly evict tenants who violate the clause.
• Be aware of suspicious activity, such as heavy traffic in and out of the rental premises.
• Respond to tenant and neighbour complaints about drug dealing on the rental property. Get advice from police immediately upon learning of a problem.
• Consult with security experts to do everything reasonable to discover and prevent illegal activity on the rental property.

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 known but some amendments to HIPA came into force on June 1, 2016. The amendments seem to be aimed at increasing the 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.

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.