Mclean Legal YYC
503, 922 - 5 Avenue SW T2P 5R4 Calgary, AB, Canada

CALGARY REAL ESTATE JANUARY 2021 Real estate sales are certainly on the rise and into positive territory given the recent statistics; excepting for apartment condos. Nice to have some positive news for our city for a change.... Statistics courtesy of Real Estate Kate. #mcleanlegal #mcleanlegalyyc #realestate #realestatelawyer

Legal Aid is offering a FREE webinar for those who may be interested. #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

Think that offences against elders aren't common? Think again. While this case is an extreme example, involving death, elder abuse is on the rise with the financial stresses, drug/alcohol abuses, etc... associated with the pandemic. Think that it's not happening in your backyard? Think again.... This article can give us pause for reflection. If something isn't passing the sniff test, say something. https://calgaryherald.com//court-of-appeal-upholds-convict #mcleanlegal #mcleanlegalyyc #familylaw

NEW SECOND-IN-COMMAND APPOINTED AT PROV COURT (ALBERTA) Congratulations are extended to Judge Joanne Durant on her appointment. https://calgaryherald.com//calgary-assistant-chief-judge-p

There have been several recent Court of Appeal decisions across Canada where pleadings were struck or the appeal was dismissed because the Appellant flagrantly disobeyed previous court orders - usually this relates to providing financial disclosure or being in willful arrears of support orders. As the Courts continue to be inundated with family law claims that have little or no merit, they are beginning to take a firm stand by prohibiting parties from having their day in court if they do not comply with previous court orders. #law #lawyer #familylaw #canada #legal #lawyers #litigation #precedent #alberta #familylawyers #yyc #yeg #support #canada #court #courts #appeals

Do you want to be resolve your own issues in a manner that makes you feel positive about the outcome? Do you want to save both time and legal fees? If you proceed through the Court system instead, this alternative is costly and the end result may not be one that you are satisfied with. #mcleanlegal #mcleanlegalyyc #mediation #arbitration

A couple of additional Facts on... Remembrance Day Some of the 54 Commonwealth member states, such as Canada, the United Kingdom and Australia, observe the tradition of Remembrance Day on the eleventh hour of the eleventh day of the eleventh month. Other nations observe a solemn day but at different dates. For example, ANZAC Day is observed in New Zealand on April 25. In South Africa, Poppy Day is marked on the Sunday that falls closest to November 11. Many nations that are n...ot members of the Commonwealth also observe Remembrance Day on November 11, including France, Belgium, and Poland. The United States used to commemorate Armistice Day on November 11. However, in 1954 they changed the name to Veterans Day. See more

Remembering all Calgary Veterans, past and present. Thank-you all for your service.

SUPPORT THE LEGION'S POPPY DRIVE Chances are, you have already noticed fewer poppy boxes in the city this year; this is as a result of covid. Volunteers are disinclined to handle boxes or the cash that would be contained within them. If you can find a few dollars in your budget, please consider donating online this year - the Legion could use everyone's help! #royalcanadianlegion #poppy #poppycampaign... https://www.legion.ca/remembrance/the-poppy-campaign See more

Quick Facts on... Remembrance Day 1. Remembrance Day was first observed in 1919 throughout the British Commonwealth. It was originally called Armistice Day to commemorate armistice agreement that ended the First World War on Monday, November 11, 1918, at 11 a.m.on the eleventh hour of the eleventh day of the eleventh month. 2. From 1921 to 1930, Armistice Day was held on the Monday of the week in which November 11 fell. In 1931, Alan Neill, Member of Parliament for ComoxA...lberni, introduced a bill to observe Armistice Day only on November 11. Passed by the House of Commons, the bill also changed the name to Remembrance Day. The first Remembrance Day was observed on November 11, 1931. 3. Every year on November 11, Canadians pause in a moment of silence to honour and remember the men and women who have served, and continue to serve Canada during times of war, conflict and peace. We remember the more than 2,300,000 Canadians who have served throughout our nation’s history and the more than 118,000 who made the ultimate sacrifice. 4. The Poppy is the symbol of Remembrance Day. Replica poppies are sold by the Royal Canadian Legion to provide assistance to Veterans. See more

Facts on... Remembrance Day * Remembrance Day is a federal statutory holiday in Canada. It is also a statutory holiday in three territories (Yukon, Northwest Territories and Nunavut) and in six provinces (British Columbia, Alberta, Saskatchewan, New Brunswick, Prince Edward Island and Newfoundland and Labrador). * The national ceremony is held at the National War Memorial in Ottawa. The Governor General of Canada presides over the ceremony. It is also attended by the Prime Mi...nister, other government officials, representatives of Veterans’ organizations, diplomatic representatives, other dignitaries, Veterans as well as the general public. * In advance of the ceremony, long columns of Veterans, Canadian Armed Forces members, RCMP officers, and cadets march to the memorial lead by a pipe band and a colour guard. At the end of the ceremony, they march away to officially close the ceremony. See more

EMERGENCY PROTECTION ORDERS ON THE RISE IN AB https://lnkd.in/gGiT-t8 #Mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

COVID CARTOON OF THE DAY

Did you ever wonder about the origins of Lady Justice? Depictions of Lady Justice are ancient, stemming back thousands of years to the Egyptian Godess Maat, who carried a sword and the feather of truth. The version that we know the best comes from an amalgam of her Greek counterpart, Themis (who stood for law and custom), and her daughter, Dike (whose name actually means "justice"), who carried balance scales.... It was the Romans who gave us her name, "Justitia". She has three main elements: The Balance Scales: representing impartiality and the need to hear/weigh both sides The Unsheathed Sword: representing visible enforcement and respect The Blindfold: representing impartiality and objectivity of the law and the unwillingness to accept outside factors affect its decisions such as politics, wealth or fame.

DOMESTIC VIOLENCE STILL A CONCERN IN YYC WITH THE PANDEMIC https://lnkd.in/gS8d8dT #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

The Ontario Court of Appeal commented negatively on invisible litigants who attempt to secure alleged matrimonial debts unilaterally without the consent of the other spouse. Generally, in matrimonial cases, there are disputes as to whether a related family transaction is a loan or a gift to the spouses (i.e. from parents). In Leitch v Novac, 2020 ONCA 257, and Peerenboom v Peerenboom, 2020 ONCA 240, the Court clarified that this is an issue to be dealt with at the ultimate ...hearing rather than one litigant taking self help steps to create a matrimonial date when the issue of the debt itself is contested. The Ontario Court of Appeal cases can be found here for anyone interested: Leitch v Novac, 2020 ONCA 257 - http://canlii.ca/t/j6gmp Peerenboom v Peerenboom, 2020 ONCA 240 - http://canlii.ca/t/j64b7

LAWYER CARTOON OF THE DAY When you know it's time to get a new criminal lawyer.... :D

FEDERAL/POLICE COLLABORATION TO COLLECT RACE-BASED CRIME STATISTICS https://www.cbc.ca//statistics-canada-race-data-police-1.5

REAL ESTATE STATS FOR JUNE IN CALGARY As we move through a phased reopening plan, it is expected that Calgary's real estate stats will improve in July and August. Still not a lot of listings or sales for a city of our size at this point... Stats courtesy of Calgary Home Previews. #mcleanlegal #mcleanlegalyyc #realestate #realestatelawyer

DIVORCES IN THE AGE OF COVID I have spoken on this topic previously on LinkedIn - covid has forced couple to self-isolate together. Some of those intended to divorce prior to covid and have had no recourse but to isolate with a partner with whom they were no longer intimately involved with and others have discovered that they no longer wished to be married after spending time 24/7 with their partner. The attached article, from Newfoundland, reports on increases in divorces no...w that Courts are gradually reopening for non-emergent matters. Police agencies across the country are also indicating upticks in domestic violence - imagine being physically abused by your partner while in self-isolation and having nowhere to escape to. There are options for those who need advice from lawyers, social workers and aid agencies. #mcleanlegal #mcleanlegalyyc #familylaw #divorce #familylawlawyer https://www.cbc.ca//newfo/covid-divorce-pandemic-1.5635016 See more

DOMESTIC VIOLENCE AND COVID STRESSORS Domestic violence has been on the uptick following covid self-isolation. #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyers... https://calgaryherald.com/news/local-news/0623-dcrt-update See more

https://lnkd.in/gWR9Zcj #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

DIVORCE STATS FROM 2000 - 2019 Stats provided from the attached source show a steady increase in divorces over the decade. While divorce rates are high, I cannot confirm the complete accuracy of the numbers listed - I can only gather they drew the stats from the courthouses in each of the provinces or some similar source as Statistics Canada does not collect this information.... https://lnkd.in/gwf7ePA #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

AMILY LAW COVID-19 CASE FROM ONTARIO In SC v. RC, 2020 ONSC 1845, s mother had scheduled a case conference to change the custody and access provision of an order granted on December 17, 2015. This Order granted sole custody and primary residence to the father, and parenting time to the mother for a minimum of six hours per week. The mother had not accessed the children since approx. October 2018 and she alleged it was because the father didn't support her relationship with t...he children. In December 2019, the m other obtained an Order for 1.5 hr telephone calls with the children so she could reconnect. The mother has not had access since that time. and argued her matter was urgent, the Court. The Court indicated that supervised access, which was recommended by a voice of the child report, was doubtful to happen due to COVID-19. Further, skype/ telephone access did not constitute an urgent situation in light of the 14-month period wherein the mother did not have access and the childrens views expressed in the report. The father was awarded $500 in costs for having to respond to a non-urgent matter.

FORT McMURRAY QUEENS BENCH COURTHOUSE CLOSED DUE TO FLOODING Directions given by the Courts for filing documents and emergency applications can be found here: https://lnkd.in/g8wNFt9 #mcleanlegal #mcleanlegalyyc

CITY OF CALGARY CHANGES ITS ENCROACHMENT POLICY (FOR ENCROACHMENTS ONTO CITY PROPERTIES AND INTERESTS) This is of particular interest for residential real estate matters. https://lnkd.in/gRr6yfu... #mcleanlegal #mcleanlegalyyc #realestate #realestatelawyer

AB COVID-19 FAMILY CASE Justice Graesser has just issued a decision on Covid-19 and parenting concerns. SAS v. LMS, 2020 ABQB 287 In this case, the parties shared week-on/week-off shared parenting of their two minor children. The father brought an emergency application after the mother denied his access after she learned that during the pandemic the father had taken the children horse-back riding and to his office as well as a friend/employee attending at the house all th...e time and the father's failure to wear gloves/masks when shopping. The mother lived with her 86 yr old mother and expressed concerns for the entire family unit. The Justice said that parents who exercise "self-help" remedies to breach Court Orders should never be counternanced. Parents must attempt to resolve their issues prior to going to Court. Covid-19 is not an automatic change in circumstances to warrant a temporary change in parenting. Parties who are non-compliant with Covid-19 safety measures can expect no second chances. The Justice permitted the temporary moratorium on shared parenting, based on the facts, and ordered the parties to return to Court with proposed guidelines to reinstate it. See more

COVID-19 FRAUDS/SCAMS CIRCULATING There is always someone out there ready to take advantage of people in a vulnerable state and this pandemic is no different. Here are some of the frauds & scams currently circulating.

CHILD & SPOUSAL SUPPORT PAYMENTS NOT COVERED BY THE GOVT EMERGENCY BENEFIT PLAN If the Payor has lost his/her job, and cannot afford to make their child/spousal payments, there is no ability to obtain financial relief from the govt because a recipient must have been working, and have lost their job, to qualify for benefits. https://lnkd.in/ggWXVqT... #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

ON COURTS: COVID-19 NOT A REASONABLE EXCUSE FOR DELAYING PROCEEDINGS A condominium case from Ontario has illustrated that there are other means to move a case forward during COVID-19 that can resolve a matter fairly; COVID-19 cannot be used as an excuse. https://davidsoncondolaw.ca//uploa/2020/04/2020onca244.pdf

AB SURROGATE COURT MODIFIES FILING REQUIREMENTS DURING COVID-19 PANDEMIC https://www.albertacourts.ca//npp-temp-amendment-surrogate

AB MINISTERIAL ORDER PERMITS COURT CLERKS/REGISTRARS TO WAIVE ALL OR PART OF COURT FEES WHERE AN INDIVIDUAL APPLICANT IS UNABLE TO PAY There are conditions upon the applicability of this Order, including providing a sworn statement of finances, so it is important to read the entire document. https://lnkd.in/dtCBEsX... #mcleanlegal #mcleanlegalyyc

CONDOS AFFECTED BY MINISTERIAL ORDER Pursuant to a recent Ministerial Order, AGMs are suspended unless they can be done remotely. There are other effects upon condos and I would direct your attention to paragraph 17. https://lnkd.in/dtCBEsX... #mcleanlegal #mcleanlegalyyc JSG-MO-22-2020-Fee-Waiver-Guideline-Not-PHA-Order.pdf

LAWSUIT RELATING TO COVID-19 N95 MASK PRICE-GOUGING 3M taking action against a Canadian company, just as it has started to do in the USA. https://lnkd.in/gWAg9dX... #mcleanlegal #mcleanlegalyyc

AB QUEEN'S BENCH EXTENDS SUSPENSION OF SITTINGS UNTIL 31 MAY 2020 https://lnkd.in/gnvdJyk

FAMILY LAW COVID-19 CASE FROM ONTARIO In SC v. RC, 2020 ONSC 1845, s mother had scheduled a case conference to change the custody and access provision of an order granted on December 17, 2015. This Order granted sole custody and primary residence to the father, and parenting time to the mother for a minimum of six hours per week. The mother had not accessed the children since approx. October 2018 and she alleged it was because the father didn't support her relationship with ...the children. In December 2019, the m other obtained an Order for 1.5 hr telephone calls with the children so she could reconnect. The mother has not had access since that time. and argued her matter was urgent, the Court. The Court indicated that supervised access, which was recommended by a voice of the child report, was doubtful to happen due to COVID-19. Further, skype/ telephone access did not constitute an urgent situation in light of the 14-month period wherein the mother did not have access and the childrens views expressed in the report. The father was awarded $500 in costs for having to respond to a non-urgent matter.

ANOTHER FAMILY LAW COVID-19 CASE FROM ONTARIO In Le v. Norris, 2020 ONSC 1932, the issues were whether the mother breached a Court Order for the father's access and whether she should be required to remain residing within a certain radius of the home she currently lived in. The Court ordered that she could not change the child's residence to any place outside of the city that both parties resided in. It was was clear from the mother's correspondence that she was not followi...ng the Court Order for many reasons, one of which was COVID-19. The Court said none of her reasons justified not following the Order and that COVID-19 concerns could be addressed by reasonable adherence to the Court Order and respecting physical distancing measures and taking every precaution to ensure that both they, and the child, would not catch the virus. Parents were expected to take all reasonable precautions recommended by governments and health authorities. #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

BC COVID-19 CASE In Johansoon v. Janssen, 2020 BCSC 469, a father sought an Order to have the children returned to Canada following international travel restrictions imposed by COVID-19. The children were Canadian citizens but the father was not; was Swedish and resided in BC and the mother resided in Germany. ... The Court said the matter was not urgent and an Order requiring the children to return would have no practical consequences given that international travel restrictions were in place and there were other issues barring the children from returning to Canada. #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

MAN SOUGHT "TRIAL BY COMBAT" WITH EX-WIFE AND HER LAWYER... While I do have swords at home, I never thought I should consider bringing them into work (laugh). https://lnkd.in/dWWTe4S... #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

LEGAL ACTION LIMITATION PERIODS As you may be aware, the ability to commence a Court action is two years in most legal disputes. There are some qualifiers to that, and if you have an action, I would urge to you to obtain legal advice not only because the limitation period continues to run in AB despite COVID-19 but also because it is entirely possible that the Courthouses could also close to the filing of your documents in the coming weeks as the virus continues to progress. If that occurs, absent legislative intervention, you may lose your ability to sue. #mcleanlegal #mcleanlegalyyc

Many distillers are now making hand sanitizer to meet Canada's needs, Labatt's included. https://www.cbc.ca//london-ontario-labatt-making-hand-sani

Looking for the COVID-19 wage subsidy? Information just announced on the news to determine if your business qualifies. https://lnkd.in/g8nMTys... #mcleanlegal #mcleanlegalyyc See more

DOMESTIC VIOLENCE IN THE TIME OF COVID-19 It's real and the Calgary Police are bracing for an uptick. https://lnkd.in/d3Awhqv... #mcleanlegal #mcleanlegalyyc #familylaw #familylawlawyer

LAND TITLES OFFICES IN CALGARY & EDMONTON CLOSED FOR IN-COUNTER SERVICES. Online Spin2 services still available. Documents submitted to the Land Titles Office are to be placed in the after-hours drop box. Staff will regularly retrieve the documents during the day for processing. Where the service requests pick-up after processing, Land Titles will mail out the documents to the address indicated on the Document Registration Request (DRR).

ENMAX UTILITY COVID-19 RELIEF PROGRAM https://www.enmax.com//reliable-service-customer-informati

CALGARY CITY UTILITY BILL DEFERRALS OCCURRING DUE TO COVID-19 https://globalnews.ca//calgary-utility-bill-deferrals-cor/

APPLYING FOR EI AND COVID-19 BENEFITS https://www.cbc.ca//can/apply-emergency-benefits-1.5501977

If you are a lawyer stressed by COVID-19, the Alberta Lawyers' Assistance Program is here to help. Access ASSIST services at: https://lnkd.in/dg6RzVv #mcleanlegal #mcleanlegalyyc

CALGARY COURTHOUSE CHANGES FILING PROCEDURES AFTER WOMAN ATTENDS CLAIMING COVID-19 As of today, no members of the public will be allowed to go to any of the Clerks' filing desks to file documents. Instead, court runners can leave documents in a drop box in the lobby. They will be filed by the Clerks and returned to those runners via their individual boxes (these are like mail boxes). Why the change? Apparently, a self-represented litigant attended at the Courthouse claiming s...he had COVID-19 and demanding her documents be filed. She refused to leave and security had to be called to escort her out of the building. Now one Clerk and two security guards are in self-isolation. No word on whether a drop box will be utilized for members of the public. https://lnkd.in/e8QdC3G #mcleanlegal #mcleanlegalyyc