Trusted Tips and Resources

Trusted Tips & Resources

June is Credit Score Month and our Trusted Regina Partner Robert MacKay want's to help you understand the importance of your credit score.

June is Credit Score Month and our Trusted Regina Home Lawyer Robert MacKay of Mackay and McLean want's to help you understand the importance of your credit score

It’s often the first indicator that you are an identity theft victim. If you find names you don’t recognize, Social Insurance numbers that don’t belong to you, or accounts that aren’t yours, you might be a fraud victim. Credit reporting companies can help you stop the credit fraud and prevent future misuse of your identity.

Here are 5 reasons to check your credit score:

  • It’s free. Never pass up a freebie, especially when it can affects your financial health and well-being. Your credit report plays an important part in your credit transactions and many other financial relationships.  Get your annual credit report.
  •  It’s an important step in rebuilding and maintaining good credit. Reviewing your credit report periodically will help you make sure it is in good shape when you are ready to apply for new credit and enable you to monitor your progress if you are recovering from past credit problems.
  • It’s an important part of managing your personal finances. You should review your credit report just like you do your bank statements and credit card bills. Managing credit, keeping track of spending and putting aside savings are all essential to being financially successful.
  • It’s often the first indicator that you are an identity theft victim. If you find names you don’t recognize, Social Security numbers that don’t belong to you, or accounts that aren’t yours, you might be a fraud victim. Experian and the other national credit reporting companies can help you stop the credit fraud and prevent future misuse of your identity.
  • It’s the first step in correcting any information you feel is inaccurate. The vast majority of the time people find everything is accurate. But if you do find something wrong, your personal credit report comes with instructions for submitting disputes and contact information including a toll-free telephone number, Internet address and mailing address.

Make sure your credit information accurate.

 Your credit score is a reflection of the information in your credit report. Checking your credit score can give you an indication as to whether your credit report is accurate. If your credit score is lower than you expect, it could be a sign that your credit report contains errors that need to be disputed with the credit bureaus.

Add a fraud alert

A fraud alert, or identity verification alert, tells lenders to contact you and confirm your identity before they approve any applications for credit. The aim is to prevent any further fraud from happening.

Ask the credit bureaus to put a fraud alert on your credit report if:

  • you've been a victim of fraud
  • your wallet has been stolen
  • you've had a home break-in

You may need to provide identification and a sworn statement to prove that you've been a victim of fraud.

You can set up a fraud alert for free with Equifax. TransUnion charges a fee of $5 plus taxes to set up a fraud alert.


A strong credit profile and reasonable debt ratio are equally important if you want the best mortgage rates and terms.


For more questions and help with any legal property issues consult with our Trusted Regina Real Estate Lawyer Robert MacKay

Trusted Regina Real Estate Lawyer Robert MacKay warns about the potential implications of renting your property.

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 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 behavior. 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 neighbor 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.
As in this case screening doesn't always help it can limit the possibility of being denied by your insurance company.  Ultimately the liability falls on the property owner to be aware of the possible issues that can arise from criminal activity.  

Before you decide to rent out a property consult with a lawyer such as Robert MacKay to be certain that you are aware of all the potential legal implications and your options.  

For more questions and help with any legal property issues consult with our Trusted Regina Real Estate Lawyer Robert MacKay



Full article:

Regina landlords lose bid to make insurer pay for drug-house explosion

Nine years after a "honey hash oil" operation sent a fire ripping through a Princess Street home, the tenants will have to pay more than $179K

ARTHUR WHITE-CRUMMEY, REGINA LEADER-POST Updated: May 29, 2018

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.


 

Categories

Previous Posts

ADDRESS

S & E Trusted Online Directories Inc
Trusted Licensee: Bonne Idée
TrustedRegina.com
1307 Ottawa Street
Regina, SK   S4R 1P3
Ph: 306.529.8558

GET THE APP

App Store Google Play
Follow us on Facebook Linked In Twitter YouTube RSS Feed
Abex
Abex
Stevies
Sabex
NEYA
Website hosting by Insight Hosting