CONGRATULATIONS MacKay & McLean Barristers & Solicitors On Celebrating 10 years as a Trusted Regina Law firm

11. Apr 2023 Ashlyn Regina Lawyers, Trusted Partner News, TRUSTED TIPS

CONGRATULATIONS, MACKAY & MCLEAN, ON 10 YEARS OF TRUSTWORTHY BUSINESS PRACTICES IN REGINA

TRUSTED REGINA RECOGNIZES OUR PARTNERS WHO HAVE BEEN TRUSTED FOR OVER 10 YEARS!

In this series of recognition articles, we continue to spotlight the businesses that have been Trusted Regina Partners for over ten years. Currently, we are recognizing Partners that joined the Trusted Regina community in 2012. We want to thank them for TRUSTING our team, and we are identifying each of them individually for providing ten years of OUTSTANDING service to the citizens of Regina and the surrounding area! This latest article celebrates and recognizes MACKAY & MCLEAN Barristers & Solicitors, Trusted Regina Lawyers.

MacKay & McLean Barristers & Solicitors

MacKay & McLean started in 1976 when Sterling McLean and David MacKay combined their service in a downtown Regina office on Cornwall Street. Robert MacKay, after working there as a legal assistant in the late 80s and early 90s, then as an associate lawyer after passing the bar in 1996 made partner in 2001.

Being an “all purpose” practice, everything from personal injury and civil litigation to criminal defenses and corporate legalese; real estate, wills, estates and family matters became the preferred areas of law the firm practiced in.

Real Estate was considered a happier form of law to deal in. Helping people acquire homes, advising on financing options and how to reduce debt, all to assist in helping families achieve their goals.

With wills and estates it was the duty of the lawyer to take an often awkward and sad occasion and make it easier on those planning for when they are gone or helping those that were left to deal with the wake of things past.

The culture of the family office at MacKay & McLean has guided them to become a bigger part of the community. Lawyers join the firm who also wish to be a benefit to the community.

Their support staff made up of legal assistants and paralegals accumulated through the years have been trained to not only create documents and assist in the execution of documents but are capable of answering most day to day questions regarding the process and timing of operation regarding the files they are assigned.

It is through their supervised efforts that help make the clients experience as swift and satisfying as possible. If language is a barrier in assisting our clients we have a stable of interpreters capable of removing confusion from the issues.

Moving forward, a large concern of theirs is the recent direction the courts have taken in an effort to increase the accessibility of regular folks' access justice. Unfortunately this is a daunting task and the efforts, at times seem pointless. The court system is expensive and cost-prohibitive to many. The changes in the legal system have led to complicated and time consuming hurdles. Mandatory mediation, judicial case conferences and pre-trials created to lessen the burden on the court’s docket, have instead led to half day meetings with lawyers and clients awaiting their turn, adding to the billable hours a client must deal with. This in itself makes an action less likely to be dealt with. If someone owes you $2,000, it is not likely you will spend $3,000 to deal with it.

This all may lead to the legal profession taking it on the chin and leave people believing that lawyers are not one of them. Being a part of the community helps lawyers keep a pulse on what is important to their clients. Regardless of the type of law you are venturing into, be it real estate, criminal or litigious actions, the courts often take into consideration the public at large and the effects that decisions create on a population bound by them.

MacKay & McLean appreciate the importance of community and try to contribute in various ways when possible. Each lawyer and firm has their own persona and with that comes different goals. Theirs is to do things that are right. Let them help find people financing and homes. Let’s help keep people safe and when they are injured, help them get the compensation they need to get back to where they once were.

Joining service groups, municipal clubs and organizations are not just tools to help create business. Instead they are a means of joining the community. Sharing their concerns and hopes, while working on a common goal usually leads to an orderly success however the money charged by the firms to these groups often does not cover the cost of doing business. This is not done solely with the hope to work for them again in the future, but because they and their firms exist in the community.

They may work on a contingency or even pro-bono for the right client, especially if the case pertains to principles that are dear to them and their own ideologies. If a freedom of speech or discrimination file comes to light, often a lawyer will become the face of the case only to be forgotten once the matter is settled. They took it on, not for fame nor for fortune, instead it was taken on because it was thought to be both worthy and right.

Honesty and integrity is a very large part of being a successful lawyer. Clients go to them because they feel they can trust them, and they can. Often we hear how lawyers are akin to overzealous hucksters and confident men. Few realize that a lawyer’s actions are both insured and guaranteed by the law society. Governed by peers who all share the same public thoughts and armed with the powers of suspension, disbarment and oversight, the law society helps protect the reputation of the system and the community at large.

MacKay and McLean is proud of their culture and maintaining a family atmosphere while offering our services directly to the community. Doing so effectively has led them to expand, hire more lawyers and staff and create a name that helps all of our clients navigate a complex system without losing their shirts.

What MacKay & McClean Clients Say…

"Mr. D. MacKay is a lawyer with ethics and integrity, making him a bit rare in the field! He's always more interested in giving good advice then in taking your money!" - James Turner

"Robert MacKay and Alina have done a couple transactions for me. They are down to earth at the same time as being professional. Very pleased with the work and definitely recommend!" - Randy Knapp

"Lawyers you can TRUST! Robert MacKay and the team are amazing to deal with - outstanding service and advice!" - Sara Wheelwright

Thank you to the MacKay & McLean team for TRUSTING us ! You have provided over ten years of AMAZING service to the people of Regina & area as Trusted Regina lawyers. We are proud to support you and share that they have diligently upheld the 5 TRUSTED GUARANTEES of service and have never received a complaint about them!

Trusted Regina Lawyers at MacKay & McLean Share the Law Around Domestic Violence and Best Interests of the Child.

14. Mar 2022 Trusted Regina Regina Lawyers, Regina Legal & Professional Services, TRUSTED TIPS

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 estate, criminal, personal injury, commercial & family law.

See more legal tips from Mackay & McLean here

Trusted Regina Real Estate Lawyers at MacKay & McLean Explain The Duty to Disclose

14. Jan 2022 Trusted Regina

MacKay & McLean are your TRUSTED REGINA LAWYERS. In Mackay & Mclean's latest legal tip they provide helpful information on the duty to disclose in real estate transactions.

MacKay & McLean Discusses the Duty to Disclose

Buying Regina and are property? Wonder what the obligation on the Seller is to, to be honest? This is called the duty to disclose.

When buying property, the rule of thumb is caveat emptor or buyer beware.

For this reason, many buyers obtain a home inspection. However, a home inspection may be a double edge sword, as it can negate potential title insurance claims.

The Seller has a duty to disclose latent defects or defects that are not readily observable. Observable defects are generally referred to as ‘patent’ defects. The problem here is that Sellers disputing the claim often claim that they were ‘unaware’ of the defect. This may permit them to escape liability. It is difficult to establish what they did or did not know.

For practical reasons this relegates many to investing in the fix rather than in a law suit.

The failure to disclose a latent defect may entitle a Buyer to collapse a transaction, have it set aside or damages. Please consult a lawyer with respect to your specific situation.

The Property Condition Disclosure Statements that are often included in transactions are somewhat helpful, in that they at least provide some record of the representations made with respect to the property. The MLS listing or web site advertisement, if bought privately, is also very helpful. Lastly, if you are relying on some specific representation, e.g. the ability to build a garage on the property or that the jacuzzi tub works, then make it a term of the contract.

Please contact MacKay & McLean for a free consultation and to discuss any concerns or answer questions you have on real estate and property law

Read all of our Regina Real Estate Law articles here

Buying, Selling or Refinancing Real Estate Property in Regina and area, or need general legal advice?

Being a small Regina, SK firm, the lawyers of MacKay & McLean give personal, professional attention to each of our clients, thus maximizing results while minimizing cost. Our lawyers and front office staff take the time to talk to you so that you are comfortable with the process. More importantly, we take the time to listen to you.

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, specializing in real estate, criminal, personal injury, commercial & family law.

See more legal tips from Mackay & McLean here

MacKay & McLean are your TRUSTED REGINA LAWYERS

Trusted Regina Lawyers At MacKay & McLean Explain Custody and COVID-19 Vaccinations

25. Nov 2021 Trusted Regina Regina Lawyers, Regina Legal & Professional Services, TRUSTED TIPS

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 estate, criminal, personal injury, commercial & family law.