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!



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!


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