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 




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 Tip on How to Cultivate Company Culture From Home

Cultivating Company Culture from Home

Cultivating Company Culture from Home

With the COVID-19 pandemic, employees are looking for more when it comes to their workday, especially when many are working from home now. Not necessarily more money or more benefits (although those are important), but more fulfillment. It’s normal for an employee to want to know their work matters; to feel valued and like they’re making a difference. 

How can your business offer that when your only interaction is through a Zoom meeting? By reinforcing a strong company culture that exceeds the walls of your office. Your culture sets you apart from other employers, either in a good way or maybe not-so-good way. How can you ensure a company culture that has employees (and clients) sticking by you? Here are five ways.


1. Reestablish your values.

The culture is what defines your company. Within that culture lies your core values; however, unless you’re following through with them, they are worthless. The only thing worse than a company with no values is one where the values are meaningless. Share the things that mean the most to your business with your employees. Show them why these things matter and illustrate how they, as an individual, fit into the mix. 

 

2. Listen to your current employees.

Given the current situation, it’s important to retain the employees you already have. Try sending out staff questionnaires or surveys about the current culture to see how team members are feeling, then (drum roll) listen to what they actually say. 

If you prove to your employees that their opinions matter, they will be more likely to stay with the company, enjoy their work and recommend the business to others. Not only that, but the positivity from an employee who feels valued will contribute to a positive company culture overall.

 3. Build a team mentality.

It can be so easy for employees to lose motivation, especially while many are in the confines of their own homes for what feels like forever. How can you counteract this? Develop a goal that your entire team can get excited about. Build up the idea of “we’re all in this together” (think High School Musical). You are all part of the same team, with each member doing his or her part towards the ultimate goal. 

Every person wants to feel important to the organization. By building up a team mentality for your company, you create a culture of unity and community. From here, you will be able to see who’s a team player and who’s not, by those supporting the company and fellow coworkers.

 4. Check on your team.

It can be easy to assume that, since your team is working from home, their workday is a breeze. While some of them may be thriving, there are others that may be struggling. Especially your extroverts. Have regular chats with your team and figure out how they are feeling and be prepared to help with any struggles. 

By having regular communication with your team, they will feel that they’re appreciated and cared about. It’s also a great way to stay in touch with everyone while social distancing and working from home are the norm. 

 5. Have some fun.

You heard that right. Have some fun! While this may look different for every business, don’t be afraid to shake things up a bit every now and then. No matter what you decide, there is always some way to encourage employees to engage in activities that feel less like work and more like a day off. Whether it’s a virtual happy hour or a Netflix party, a little relaxation can go a long way in building a consistent company culture. 

When it comes to furthering your business, there are few things that are more important than the employees who work for it. Hold on to your talented employees and create an employee-friendly environment that is shared between the physical office and the home. Your company culture is your saving grace even during these unusual circumstances, but when your culture thrives, so will your business.


Trusted Regina Real Estate Lawyer shares some insight on the potential future of the Canadian Housing Market.

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. 


Canadian Home Prices Could Drop as Much as 5% Due to Coronavirus


Trusted Regina Real Estate Lawyer Robert MacKay shares some insight on the potential future of the Canadian Housing market.

Canadian home prices could fall a “relatively modest” five per cent by July as some owners are forced to sell in the face of the economic hardship brought on by COVID-19, Capital Economics said Monday.

While sales activity and price gains were firm in the first half of March, real estate boards from across the country are reporting a near halt in activity as government shutdowns and physical distancing have people staying home.


As April unfolded, it became innately clear that COVID-19 had already impacted the local housing market, with Toronto home prices declining for the first time in nearly two years.

But the pandemic isn’t just going to have an impact on a local level but on a national level as well, with some experts already predicting that Canadian home prices could fall in the months to come.

Capital Economics said Canada’s house price inflation accelerated to a nearly two-year high in March, but given the disruption already caused by the coronavirus outbreak, prices are set to decrease in the coming months.

Capital Economics senior Canada economist Stephen Brown said April will see “an even steeper fall” in sales activity to a “small fraction of their normal levels.”

“New listings also fell sharply in March, which meant the sales-to-new listing ratio continued to point to strong house price inflation ahead,” said Brown, however, he said 

“given the huge rise in unemployment and the cashflow problems that restrictions on tourism have caused investors in the short-term rental market, it seems likely that there will be some forced sellers in the coming months. Those sellers will inevitably have to accept lower bids from the few people willing to buy in the current environment.”  said Brown.


Last week, the Canadian Real Estate Association reported a 14 per cent drop in sales volume from February to March. New listings were down 12.5 per cent from February, while average prices were flat month-over-month and up 12.5 per cent year-over-year.


That dynamic has Capital Economics “penciling in a relatively modest fall in house prices of five per cent in the coming few months.”


Source: Greg Bonnell - BNN Bloomberg - April 20 2020 - https://www.bnnbloomberg.ca/home-prices-could-fall-5-amid-pandemic-capital-economics-1.1424090 
Source: Ainsley Smith - Toronto Storeys - April 20 2020 - https://torontostoreys.com/canada-home-prices-coronavirus-decline/


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


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!



John Barabe of Keybase Financial Group -Trusted Regina Financial Advisor Tip on Estate Planning Strategies

John Barabe is a Senior Financial Planning Advisor and has an unwavering commitment to quality and service which has enabled him to build and retain a successful practice in Regina. He and his team of financial pros believe that planning with honesty and integrity are cornerstones to improving clients' quality of life. He applies his knowledge to help clients make the right choices when considering all the product and service options that exist in today's marketplace. John Barabe of Keybase Financial Group is a Trusted Regina Financial Advisor- in this article he shares a Regina financial tip on Estate Planning Strategies. 

Estate Planning Strategies


Many families are not aware of the estate planning options necessary to ensure their intentions are carried out on death.  Estate planning is complicated enough without adding family dynamics into the mix making preparation important. With the current trend of living together without getting married many couples think that the same marital status that applies to taxation also applies to the estate. It does not.  

Upon death, without a valid will, a common law partner is not recognized as a spouse and would be excluded from a share in the estate.

Consideration and selection of an appropriate nominee guardian for minor children is an integral part of the estate planning process.  Why risk courts and government agencies intervening to make decisions.  You need certainty that the care of your child’s life is in the right hands.  The emotional toll is only compounded with the potential of inheritances that may be tied up and or depleted in the process.

Although a will only make up a portion of an estate plan, there are many unintended mistakes that are commonly made.  For example, many people enter into identical wills with their spouse or partner.  

What few are aware of is by law the survivor may not change or revoke his or her will after the death of their partner.  Changes could be contested causing family problems and unintended beneficiaries.  

What if the surviving spouse develops additional needs?  What if one of the children divorced and both are beneficiaries?  What if a surviving spouse wishes to make special arrangements for a caregiver or charity that helped either party in a time of need?  The variations are endless.  This common problem is solved by adding a simple provision to your wills. 


Sometimes seemingly small word changes can have unintended but substantial legal ramifications that result in dramatic changes to the distribution of assets from what was planned.  Small changes can undo best intentions and unfortunately, family conflict can result.

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The process John follows for estate planning includes:


  1. Complete an estate planning checklist.
  2. Meet with you and your spouse or partner and clarify and confirm desires and objectives
  3. Ensure the people involved with your estate are aware of the intentions.  This can include beneficiaries, executors (or executrixes), trustees and guardians.  
  4. Then implement.  All the other steps are not valuable without action.

Make sure your beneficiaries are taken care of, according to your wishes. 

John Barabe and his team carefully consider your needs, goals and dreams in order to implement a well-constructed financial strategy, so that you can have peace of mind about your hard-earned money and financial future. They can simplify your life by addressing your complete financial well-being, which encompasses everything from:

John Barabe, Madison Schenher and team.


John Barabe  is a Trusted Regina Financial Management Consultant



The opinions expressed within this article/communication are those of the Financial Advisor and are not necessarily those of Keybase Financial Group Inc. Any data provided is for illustration purposes only. Clients and prospective clients should always read a product prospectus and fully understand all of the risks associated with the product before purchasing. Any information relating to the discussion of taxation issues is considered to be only general in nature. Clients should seek a qualified tax professional to discuss their specific tax requirements.

 

Third party publications are not prepared by Keybase Financial Group Inc. The opinions, estimates and projections contained in the publication are those of the author as of the date indicated and are subject to change without notice. Keybase Financial Group Inc. makes no representation or warranty, express or implied, in respect thereof, takes no responsibility for any errors or omissions which may be contained therein and accepts no liability whatsoever for any loss arising from any use of or reliance on the report or its contents. The provision of this publication is not to be construed as an offer to sell or a solicitation for or an offer to buy any securities.

 

Keybase Financial Group Inc. is a member of the MFDA and is a member of the MFDA IPC.

 


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