Nychuk & Company lawyers practice law all across Saskatchewan including in: Regina, Saskatoon, Estevan, Moosomin, Indian Head, Broadview, Swift Current, Weyburn, Carlyle, Carnduff, Yorkton, Melville, Assiniboia, Maple Creek, Davidson, Wattress, Strasbourg, Southey, Punnichy, Wynyard and Wadena. While the firm is located in Regina, all of our lawyers are well equipped to serve you anywhere in the province.

In a recent family law decision, Nychuk & Company lawyer David Flett successfully argued to obtain an award for his client of approximately double the court costs typically awarded in these types of matters, to be payable by the opposing party.

In giving reasons for awarding Mr. Flett’s client an increased amount of the typical costs, Mr. Justice Megaw praised both parties’ counsel for their exemplary professionalism, stating:

“Before embarking on my reasons, I want to specifically recognize the manner in which counsel conducted both their cases and themselves during this case. The litigation has been hard-fought since it was commenced in 2015. The most recent applications concerned fundamental issues affecting ongoing parenting and, specifically, the father’s ability to continue to engage in a meaningful way with the children. Despite the nature of the litigation, both counsel, while pursuing their clients’ interests, were unfailingly polite and professional with the court and, seemingly, with each other. They were continually interested in assisting the court to properly manage the litigation. In short, they acted in the best traditions of their profession in ensuring their advocacy, while resolute, was not influenced by the obvious emotion and turmoil being experienced by their clients. When advocacy is performed at such a high level, it is important the court recognize that and comment favourably upon it.”

Mr. Flett has been practicing Family Law since 1995, and is also a Qualified Arbitrator. When you and your family are thrown into the legal system, you need an experienced advocate to assist you to resolve the matter as efficiently and capably as possible.

For more information about how we can help you with your specific legal issues, contact Nychuk & Company at:

2255 Albert St.
Regina, SK S4P 2V5

Phone: 306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com

 

Two Nychuk and Company family lawyers, David Flett and Jim Vogel Q.C., recently represented a client in November, 2020 following a week-long trial and received a court decision from Queen’s Bench. The court accepted all arguments on behalf of our client, rejecting the claims of the other party, with an end result of significant child support, as well as $20,000 per month in spousal support payable to our client. Our client was awarded the parenting terms that they had sought.  The court also accepted all arguments raised with respect to significant family property that had been dispute. The client was extremely satisfied with the outcome of the trial, having won on every single issue brought to the courts.

For more information about your own Family Law questions contact us:

Phone: 306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com

 

 

On Wednesday June 30th the British Columbia Court of Appeal (BCCA) quashed Kaela Mehl’s first degree murder conviction. In September of 2017 Mehl was convicted of first degree murder and sentenced to life in prison with 25 years parole ineligibility.

In December 2020 Nychuk & Co. lawyers, Barry Nychuk & Sharon Fox, represented Mehl before the BCCA. Nychuk and Fox argued that; (1) Mehl received ineffective assistance of counsel at the first trial; and, (2) One of the Jurors was biased, which they made known by gesturing to the gallery throughout the first trial.

In the first trial our client admitted to causing the death of her 18 month old daughter by feeding her a lethal quantity of prescription sleep aid. Throughout the first trial there was evidence brought by a forensic psychiatrist and her treating psychiatrist that she was suffering from a mental disorder at the time of the incident and was therefore incapable of knowing her actions were wrong.

On Appeal Nychuk and Fox, pointed out numerous inadequacies in the defence provided by Mehl’s legal counsel including: a failure to adequately prepare her for trial, a failure to make her aware of the implications of trial decisions, and a failure to bring the apparent bias of one of the Jurors to the attention of the Judge. Nychuk and Fox also brought in fresh evidence by way of witnesses and affidavits to show the bias of one of the jurors.

The BCCA concluded that:

On several issues, trial counsel failed to provide reasonable professional assistance. Viewed collectively, the acts and omissions of trial counsel resulted in a trial that was unfair in fact and in appearance. Additionally, if reasonable professional assistance had been given, there is a reasonable probability that the outcome would have been different, as that phrase has been defined in the jurisprudence. Second, the juror engaged in behaviour during the trial which meets the test for a reasonable apprehension of bias. The appearance of trial fairness was undermined by the juror’s conduct. On both grounds of appeal, the appellant was found to have met her onus of establishing that the verdicts were the product of a miscarriage of justice.

The BCCA agreed that our client did not receive a fair trial, the conviction was quashed and it was sent back for a new trial.

Read here the June 30, 2021 Judgment from the Court of Appeal for British Columbia.

Regina criminal defence lawyer Sharon Fox.

Regina criminal defence lawyer Barry Nychuk.