James Steele presents to STEP Canada

James Steele presented on February 23, 2022, to STEP Canada, an internationally recognized body of trust and estate practitioners.

James presented on the topic of contested estates, and how to navigate such disputes.

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Family Violence in Family Law

When asked to make a parenting order, courts will consider family violence as a factor relating to the child’s circumstances and, ultimately, their best interests. But what if the evidence is controverted?

One consideration is credibility. In assessing the appropriate parenting arrangements for a child, credibility of the witnesses is measured. The Nova Scotia Family Court, in H.L. v Z.L., 2018 NSFC 5, helpfully sets out the following factors to consider when making credibility determinations:

  1. What were the inconsistencies and weaknesses in the witness’ evidence, which include internal inconsistencies, prior inconsistent statements, inconsistencies between the witness’ testimony, and the documentary evidence, and the testimony of other witnesses: Re: Novak Estate2008 NSSC 283 (S.C.);
  2. Did the witness have an interest in the outcome or was he/she personally connected to either party;
  3. Did the witness have a motive to deceive;
  4. Did the witness have the ability to observe the factual matters about which he/she testified;
  5. Did the witness have a sufficient power of recollection to provide the court with an accurate account;
  6. Is the testimony in harmony with the preponderance of probabilities which a practical and informed person would find reasonable given the particular place and conditions: Faryna v. Chorney 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354;
  7. Was there an internal consistency and logical flow to the evidence;
  8. Was the evidence provided in a candid and straight forward manner, or was the witness evasive, strategic, hesitant, or biased; and
  9. Where appropriate, was the witness capable of making an admission against interest, or was the witness self-serving?

While the above factors are an excellent guide to assessing credibility, the Saskatchewan Court of Queen’s bench has acknowledged that, at the end of the day, the focus is on the best interests of the child. The question is how to safely structure parenting in view of the allegations of family violence, as opposed to whether certain, or any, events did or did not occur. Refer to Juraville v Armstrong, 2021 SKQB 73.

So, while there may be conflicting evidence between parties, particularly as it relates to family violence, it remains possible to fashion a parenting plan for the child that will compliment their best interests and safeguard their mental, emotional, physical and spiritual wellbeing.

Contacting a Lawyer on this Subject

The above is for general information only, and not legal advice. Parties should always seek legal advice prior to taking action in specific situations. Contact Kelsey Dixon at 1-306-933-1359 or [email protected] to learn more.

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Misty Alexandre presents to the Mechanical Contractors Association of Saskatchewan on the new Prompt Payment Legislation

In a session geared especially for MCAS members, Misty Alexandre presented on the incoming prompt payment legislation.

The session focused on how the new Builder’s Lien (Prompt Payment) Amendment Act will impact infrastructure owners, the design community, and contractors.

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Misty Alexander and Jared Epp present to the Saskatchewan Construction Association on the new Prompt Payment Legislation for Owners

In a session geared especially for owners, Misty Alexander and Jared Epp offer a webinar with a focus on the incoming prompt payment legislation and its impact on infrastructure owners, the design community, and contractors. Register here.

Tuesday, February 1, 2022

9:00 – 11:00 am CST

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Misty Alexandre and Jared Epp present to the Saskatchewan Construction Association on the new Prompt Payment Legislation

In a session geared especially for contractors, Misty Alexandre and Jared Epp presented to the Saskatchewan Construction Association on the incoming prompt payment legislation.

The session focused on how the new Builder’s Lien (Prompt Payment) Amendment Act will impact infrastructure owners, the design community, and contractors. 

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Can a complainant appeal the outcome of a professional regulatory investigation?

The process for most professional regulatory complaints is largely the same: (1) a complaint is lodged with the regulator; (2) an investigation is undertaken; (3) the investigating body either determines that no further action should be undertaken or the complaint is referred to a discipline hearing.

Of course, a complainant may be unhappy with the outcome of an investigation, particularly if the matter does not proceed to a discipline hearing. It has though been quite rare that a complainant takes steps to appeal the decision of the investigative body.

In a new decision, Cameron v APEGS, 2021 SKQB 318, the court considered an application for judicial review (which is somewhat like an appeal) by a complainant of a decision of an investigative body to not refer a matter to a disciplinary committee. The complainant raised several issues, including that the investigative body’s reasons were insufficient.  The complainant sought disclosure of the evidence compiled during the investigation.

The court dismissed the request for judicial review by the complainant. The court found that a complainant had a very limited right to seek judicial review. A complainant has a right to “procedural fairness” to be heard and for an investigation to be conducted.

The complainant though has no right to challenge the reasonableness of the decision of the investigative body. Further, the court indicated that an investigative body is not required to give reasons for its decision. A complainant is not entitled to receive a copy of the evidence compiled by the investigative body.

Essentially, a professional regulator’s investigation is akin to a police complaint. Ultimately, the Crown or police must determine whether charges will be laid. A complainant cannot force charges to be laid.

This decision supports the rights of regulators to control their own processes and conduct investigations as they deem appropriate.

Contacting a Lawyer on this Subject

The above is for general information only, and not legal advice. Parties should always seek legal advice prior to taking action in specific situations. Contact Sean Sinclair at 1-306-933-1367 or [email protected] to learn more.

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