I have had some calls about a new Will in the past few days. Despite corona virus, I am still open and able to prepare a new Will or update your old Will.
I generally prefer to get my Will instructions on the phone or by e-mail, so you don’t have to come to my office for that.
Once the new Will is prepared, I prefer to sign the new Will at my office, but it doesn’t have to be done in office. In fact, if you write your own Will in your own handwriting, you don’t even need any witnesses and don’t need to leave your own home!!
Or you could print off your new Will at home, and then get two witnesses who aren’t your spouse or beneficiaries to sign with you.
I don’t normally give out my e-mail address but these are not normal times. If you have any questions a new Will, or updating your old Will, my e-mail address is:
dbarth@barthlaw.ca
Family Property Disagreement? Try a free 2 hour Mediation from Family Matters.
Family Matters Saskatchewan offers a free 2 hour mediation, which is a good option for family property issues. It may take a month or two to get in. So if there is disagreement about parenting, the wait is too long, but for issues of family property, it is a good idea to try. Any formal family property agreement will have to be written and signed by your lawyer afterwards.
Family Matters phone number is (844) 863-3408. Their e-mail is familymatters@gov.sk.ca. Their website is: https://www.saskatchewan.ca/residents/births-deaths-marriages-and-divorces/separation-or-divorce/family-matters-program
Free Child Support and Spousal Support Calculator
Every couple of years or so things slow down for a week or two and I have time to update this blog.
I offer a free 20 minute initial consultation but lots of people like to research what they can before calling.
WARNING: before reading the below and agreeing to ANYTHING give me or another family law lawyer a call. Any agreement in writing and signed by you can be enforced by Saskatchewan Maintenance Enforcement Office.
If you are recently separated and wondering how much child support or spousal support you might have to pay there is a free website that can provide a rough guideline. It is:
https://www.mysupportcalculator.ca/
or you can go directly to the child support guidelines at:
But you should call a lawyer before agreeing or signing anything. The issue of Custody, Child Residence, and Access is also important and the old days where the Mother usually got the kids are over. Where the kids stay and for how long affects how much child support is paid, and to who.
Getting Things Done
I previously had a post called “Is Your Lawyer To Busy?”. A client has recently switched from a previous firm and the previous firm provided their file. I was surprised to see that the previous firm had done little to move the lawsuit forward in several years. The lawsuit was not complicated and since the client was a Plaintiff, it is the Plaintiff’s lawyer’s job to move the Plaintiff’s lawsuit ahead to trial.
I suspect that there are a lot of lawyers that view legal work as just work, and don’t see things from their client’s point of view. The client wants legal advice, and if a Plaintiff, wants their matter moved ahead until settlement or trial. They don’t want the lawyer to work on the file at their leisure or when they need billings. They want things to move ahead.
I won’t claim to be perfect, but I can get a lawsuit moving forward.
David R. Barth
Misrepresentation on Property Disclosure Statement
I sometimes get calls from home buyers who discover that there are problems with the used house they just bought. Often the problem relates to water in the basement and the Property Disclosure Statement from the seller states that there are no known issues.
The first thing to do is contact your realtor and see if there is anything the seller is willing to do to compensate you.
If the seller is not willing to compensate you, your only remedy is to sue the seller for misrepresentation.
At trial, you and your lawyer will have to provide sufficient evidence to prove that there was an issue in the past and the seller knew about it. You will also have to provide evidence about the cost of repairs. Experts are usually required for both.
Keep in mind that you don’t need a lawyer for a Small Claims Court, which can award damages up to $20,000.00.
David R. Barth
Builder’s Liens
I had a happy client with a builder’s lien issue. With respect to builder’s liens, I have acted for building owners, general contractors, and sub contractors.
Construction can be a dirty business. If you are a general contractor, and the building owner suddenly decides he doesn’t want to pay you $50,000.00, then not only are you not getting paid, neither are your sub contractors. $50,000 is a lot of money.
The advice I give out depends on whether you are a building owner, or a contractor. There are tips and tricks for both sides. Since I act for both sides, I am not going to advice on this blog. But if you have a question, send me an e-mail or call my direct line. I don’t charge for a 20 minute consultation.
David R. Barth
Free Initial Consultation
People often need legal advice but are worried that a lawyer will charge them even if they don’t have a case.
Our firm offers a free 20 minute initial consultation so you don’t have to worry. If our services aren’t required, or you decide not to hire us, we don’t charge you.
Also, if your lawyer is no longer practicing, call us for a free consultation.
I find that callers are often stressed out at the beginning of the consultation, but once they have discussed their case with me, their stress levels have decreased significantly.
David R. Barth
