Trusted Tips and Resources

Trusted Tips & Resources

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. 


Here are some questions to determine whether going to court makes sense


  • Was the officer’s view of what occurred ­obstructed by other moving vehicles or ­stationary objects like trees, fences, or ­buildings? If so, this allows you to argue that the ­officer could not have clearly seen the ­alleged offence and gives you an opening to sell your ­version of events to the judge.
  • Did the officer stop the right car? It is quite possible in heavy traffic for an officer to see a violation committed by one white minivan (a 1995 Plymouth Voyager, for example) and to stop ­another (an almost identical white 1994 Dodge Caravan) farther down the road. Your ability to claim this happened (“the officer got the wrong driver, Your Honor”) obviously goes way up if you can show that because of a curve in the road, construction project, or just heavy traffic, the ­officer lost sight of the offending vehicle ­between the violation and pulling you over.
  • Was there an actual, provable error in the officer’s approach or methodology? Inciting you for speeding, did the ­officer correctly pace your vehicle or properly use radar, or laser to establish your speed?
  • Do any other legal defences exist to the law you’re charged with ­violating? For ­example, if you were charged with driving too slowly in the left lane of a multi-lane highway, it is a legal defence that you were planning to turn left.



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

See more legal tips from Mackay & McLean here 


Here is a list of more consumer tips by Robert MacKay 

Trusted Regina Real Estate Lawyer Robert MacKay Shares That The Bank Of Canada has lowered the mortgage stress tests rate

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. 

Bank of Canada lowers qualifying rate used in mortgage stress tests

The Canadian Press - Jul 19, 2019

With files from BNN Bloomberg


According the Canadian Press  and other sources The Bank of Canada has lowered the rate used by mortgage stress tests to determine whether would-be homeowners can qualify, marking the first drop in three years.

The central bank's five-year benchmark qualifying rate is now 5.19 per cent, down from 5.34 per cent.

It's the first decrease in the five-year fixed mortgage rate since September 2016, when it dropped from 4.74 per cent to 4.64 per cent, and increased steadily since.

Rob McLister, founder of mortgage comparison website RateSpy.com, says the dip will increase the buying power for mortgage borrowers by allowing them to afford up to 1.4 per cent more home.

For example, someone putting a 20-per-cent down payment on a home who makes $50,000 per year can now afford $4,000 more home, according to calculations by Ratespy.com.




The Bank of Canada's five-year benchmark rate is calculated using the posted rates at the Big Six Banks.

Home sales softened last year after the federal government introduced new stress test rules for uninsured mortgages, or those with a down payment of more than 20 per cent, and mortgage rates inched higher.

As of Jan. 1, 2018, to qualify for an uninsured mortgage, borrowers needed to prove they could still make payments at a qualifying rate of the greater of two percentage points higher than the contractual mortgage rate or the central bank's five-year benchmark rate.

An existing stress test already stipulated that homebuyers with less than a 20-per-cent down payment seeking an insured mortgage must qualify at the central bank's benchmark five-year mortgage rate.

The federal financial regulator has said that the new, stricter regulations aimed to tighten mortgage lending and take some of the risk out of the market.

Meanwhile, home sales have improved in recent months as mortgage rates have moved lower.

But on Thursday, the Ontario Real Estate Association called for less stringent mortgage rules, saying that policy changes are needed to counter a downward trend in home ownership.

OREA's chief executive Tim Hudak said in a letter to federal policy-makers that Ottawa should consider restoring 30-year insured mortgages, ease up on the interest rate stress test and eliminate the test altogether for those renewing their mortgage with a different lender.

Borrowers looking to renew their mortgages are subject to stress tests if they switch to a new lender, but not if they stick with their current one.

In a May letter to policy-makers, the chief executive of Canada Mortgage and Housing Corporation defended the stricter lending rules, arguing that "the stress test is doing what it is supposed to do."


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 Real Estate Lawyer shares TIP'S ON AVOIDING REAL ESTATE SCAMS

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!

Buying a home can be a stressful but exciting time. Robert Mackay,  our Trusted Real Estate lawyer cautions about some potential scams when buying your home! 

Real estate fraud can cause you to have large financial losses. If you are a victim of real estate fraud you may find out that you no longer own your home or that there have been additional mortgages taken out in your name.

There are two main types of real estate fraud that may result in financial loss: 

Title Fraud 

Title fraud happens when the title to your home is stolen, and then the fraudster sells the home or applies for a new mortgage against it. Title fraud usually starts with identity theft, which can happen if somebody steals your personal information.

"Title insurance" is the best protection against this type of fraud. As well as protecting against title fraud, it also guards a new owner from against existing liens against a property's title (such as unpaid debts from utilities, mortgages and unpaid property taxes), encroachment issues (a structure on a property needs to be removed because it is on your neighbor's property) and errors in surveys and public records.


Foreclosure Fraud 

Foreclosure fraud usually happens when you are having problems making your mortgage payments. You may be tricked into transferring your property title to somebody to get a loan that will help you make your payments. Fraudsters usually keep the payments you make and also possess the title to your home, which they can resell or remortgage.

Two common scams that exploit a victim's need for cash are foreclosure fraud and home-equity fraud.

Cash-crunched property owners or investors seeking can be vulnerable to other scams or unscrupulous behavior to tap equity. There is always risk when leveraging properties, but a legitimate bank, broker or private lender should be forthright when explaining risks. However, those looking to borrow on equity should be alert for less scrupulous lenders, such as those who invite owners to embellish their application by exaggerating income, down payment or property assessment value sources in order to secure a larger loan.


Other types of scams you should be aware of include


Online rental/sale scams.

In these scams, rental property is advertised (usually at low costs) on online classified sites like Craigslist or Kijiji. The ads use information and photos describing the property that has been "scraped" from legitimate ads, such as those on the MLS. A scammer will impersonate the landlord, property manager or estate agent and will respond to emails and calls from prospective tenants. The scammer indicates he or she is unable to meet a prospective renter at the property, and instead proposes a meeting off site to exchange keys, sign a tenancy agreement and collect rental deposits. Victims may only learn they've been duped when they show up at a property to discover that it is already occupied.

Things to be alert for in such listings include claims of urgency, such as "must sell now," promises of high returns or "low-cost/no-cost" financing. These sort of claims are usually too good to be true, and they also can be prevalent in off-line scams.


Property investment seminars and courses.

Educating yourself about property investment can be essential for success, but prospective investors should be alert and do their research on seminar providers. There are legitimate speakers and seminars that provide beneficial information, others exist primarily to take money from the credulous … and there are some that are in between.


One common type of seminar is designed to hook buyers into "sure-fire" investments that are promoted by the seminar hosts. Potential investors may be invited to these seminars through an ad in a newspaper or magazine, a phone call, an email or other method. These seminars may include a motivational speaker, an "investment expert" or a "self-made millionaire."

The basic advice, be skeptical of claims and do your due diligence before committing any money to an expensive course or investment.

Remember there are no get-rich-quick schemes: the only people who make money are the scammers.

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 Real Estate Lawyer Robert MacKay asks: Do you know what kind of mortgage you have?

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!


Trusted Regina Lawyer Robert MacKay explains how having primary and secondary wills

MacKay and McLean provide 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 and McLean is with you every step of the way.

MacKay and McLean are TRUSTED REGINA LAWYERS


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 


Double Wills – Primary (Public Asset Will) and Secondary (Private Asset Will)
Depending on the nature of a person’s assets, it is often beneficial to have a “primary” Will to deal with real property and assets held in financial institutions (public assets) and a “secondary” Will to deal with assets held in a private corporation, personal effects, vehicles, the proceeds of life insurance policies payable to the estate and any other asset which does not require probate to pass to a beneficiary (private assets).
Probate is required in select circumstances, and when it is required for the estate trustee to effectively deal with one asset in a will then all assets governed by that will must be probated. In that event, the estate will be required to pay the estate administration tax on the combined value of all assets governed by the will. Savvy individuals can avoid this problem through the use of multiple wills and proper drafting.

The use of multiple wills received judicial approval in Ontario in Granovsky Estate v. Ontario, 1998 CanLII 14913 (ON SC). Therein the court considered the testator’s use of two wills: a ‘Primary Will’ and a ‘Secondary Will’. The Secondary Will exclusively governed the testator’s private company shares, amounts owing to the testator from said companies, and assets held in trust for the testator by said companies. In other words, the secondary estate consisted solely of those assets that the estate trustee could deal without needing probate. Whereas the Primary Will governed all of the testator’s other assets, for which probate was required. The court in Granovsky found that there was no prohibition in the applicable legislation which could prevent a testator from having both a primary and secondary will – a testator may plan his or her estate as she or he sees fit. Notably, the court held that there was no requirement to submit the Secondary Will to probate or pay the estate administration tax on the value of the assets governed by the Secondary Will.

Following Granovsky, Ontario has witnessed a marked increase in the popularity of multiple wills as a method for effective estate planning. Complimentary to the reduced tax liability are the added benefits of ease of administration of one’s estate and privacy, as a probated will is a public document. These combined benefits make preparing multiple wills a prudent investment for the common sense business owner.


For advice, 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 LAWYERS!


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