Tag Archive for: Court of Appeal Saskatchewan

Double Costs Awarded

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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

 

Child Returned Home After Custody Battle

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Joanne Moser recently went to trial for a client that struggled with substance abuse. The client knew that their children would end up in foster care if they continued, so the client reached out to family members for support. The family members agreed to help raise the child and avoid foster care while they recovered. One family member, who later became the opposing party, refused to return the child to the parent. It was evident that the client made an active effort to improve and overcome their addiction, with many of their family members testifying to that. This was a difficult case with family members against each other, forcing them to pick sides. The professionals involved during the client’s rehabilitation efforts stated that the client’s circumstances from when they first started at the shelter, and now were “night and day.” The client is now fully recovered from their addictions and is a successful, high-performing member of the academic community. A trial ensued, and after the client’s efforts to rehabilitate and successfully raise the child were demonstrated, the judge found that the child should be rightfully returned to the parent.

 

Protecting Clients from Conflict-of-Interest Matters

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In Summer 2021, Joanne Moser represented a client in a conflict-of-interest matter. There are provisions in the Code of Professional conduct that state a lawyer cannot act against a former client on the same subject matter unless waived. 2 years ago, an individual met with a lawyer at a neighbouring firm where they were given free legal advice by a pro-bono lawyer. At this consultation, they received advice about their spouse and indicated signs of domestic violence. This individual also stated that the lawyer offered to open a file for the case, although the lawyer could not remember this. Two-years later, this individual’s spouse was represented by a lawyer at the same firm that the that gave the legal advice at the consultation. The individual came to Joanne Moser where they were informed it was a conflict-of-interest matter. The Code of Conduct has an exception to conflict of interest regarding pro-bono clinics, with the underlying rational being to encourage lawyers to give back to their community. The opposing lawyer argued that because it was pro bono legal advice being distributed, that they should be exempt. Ms. Moser proved that the lawyer offered to open a file and had more than a brief description of the case, the judge decided it was in fact a conflict-of-interest. The judge stated that a reasonable member of the public would find it unacceptable for the firm to represent Joanne’s client’s spouse and ordered the spouse to find new representation.

For more information about your Family Law questions contacts us at:

Phone: 1-306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com

 

Client Awarded Child Support, Spousal Support, and Ideal Parenting Terms

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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

Interim Order Made for Sole Legal Decision-Making Responsibility

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In a situation where one parent struggled with addiction issues and the children’s safety was a significant concern, Kayla McKinnon was able to obtain an interim order for her client, that gave her the ability to make decisions in relation to the children without having to agree with the other parent. It was determined that the other parent needed to remain entirely drug free to not pose a risk to the children, as they had suffered due to their parents struggles. As such, a graduated parenting time plan was ordered with respect to the father, which started with limited supervised parenting time and was only to expand over the course of five to six months if he provided clean drug screens. If he failed to produce screens, his parenting time would not expand. If he failed any drug screen, it was ordered that her client would be justified in suspending parenting time. This interim order was granted so that the children would be safe and sheltered from their parents addiction issues.

Kayla McKinnon also assisted in obtaining an interim order granting our client, sole legal decision-making responsibility (formerly known as sole custody) of her children after experiencing years of domestic violence at the hands of her former spouse. There was no order granting the other parent parenting time in this order. The other parent had originally asked the court for parenting time, as they claimed that our client had been withholding the children from them and that there was no reason for them not to have regular contact with the children.

For more information about your own family law questions contact us at:

2255 Albert St.
Regina, SK S4P 2V5

Phone: 1-306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com

Can you have your Criminal Record Pardoned in Canada?

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Are you eligible to have your Criminal Record suspended? This blog will explore what a record suspension does, when you can apply for one and how exactly to go about doing it.

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Nicolas Brown Weighs in on Protests at the Chief Medical Health Officers Home

Regina police consulting Crown on protests at Shahab’s home
The right to peaceful protest has limits, and a Regina lawyer says repeated targeting of Shahab at home and work is crossing those lines.

What happens after I get arrested?

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A step by step guide showing what happens after you get arrested, when you are charged and the different ways your case will move through the Court system.

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Court of Appeal maintains status quo in favour of client’s long standing interest in land.

The Court of Appeal today issued their decision in favour of Kevin Mellor’s client’s long standing interest registered on titles in The Creeks area of Regina.  This appeal dealt with a very common but important land title issue that the general public runs into from time to time. The full decision is here 2020SKCA064

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