Rick Danyliuk

Q: My friend’s lawyer apparently absconded with or spent money that his clients had left in his trust account. How could he get away with this and what happens to lawyers who do this? A: This is a rare occurrence, but there are numerous steps taken to prevent such things from happening. Like any safeguards, […] Read more

The words “without prejudice” are frequently used and sometimes misused in correspondence involving disputes, by lawyers and non-lawyers. The term originates from the courts’ view that parties should be encouraged to settle their disputes. Studies show a higher level of satisfaction if parties agree to a settlement as opposed to a judge imposing terms on […] Read more

In Canada, there have been a number of cases on host liability. I’m not sure the law is settled in this area, which leaves you with nagging doubts if you’re hosting this party. A 1986 B.C. case dismissed all liability against the parents of a grad who hosted a party. One of the grads left […] Read more

Ethical dilemmas will justify a lawyer’s withdrawal. Contrary to what people believe, a lawyer does not have to do whatever you tell him to do, nor does he have to continue to be your lawyer no matter what. If you are asking or demanding that your lawyer do something illegal or unethical, the lawyer has […] Read more

How do you protect yourself against someone pretending to be a lawyer? There are several cases in which someone pretending to be a lawyer had no qualifications. There are also cases where a lawyer has been disciplined or disbarred, but sets up shop in a different city under a different name. In March of this […] Read more

Is a person’s home still his castle? Or is it subject to intrusion by the state or the police when they are pursuing criminal activity? In mid-March this year, the Supreme Court of Canada provided guidance on this question. In a well-written and interesting decision, the court ruled that a home is still a person’s […] Read more

When does some material cross the line from good taste into actionable legal wrong? The most interesting area developing is the area of internet defamation. Defamation, or libel and slander, is the act of publishing or saying untrue things about someone to third parties – statements that diminish the person’s reputation in the eyes of […] Read more

Crime in Canada is a growth industry. There is a reason why people still call it the wild west. A 2009 Maclean’s magazine story reported that the most dangerous city in Canada was my hometown of Saskatoon. Winnipeg, Regina, Prince George, B.C., and Edmonton closely followed. Statistics Canada keeps track of criminal homicides by province. […] Read more

A long-time Western Producer reader, well known within the agricultural community, recently telephoned me and thanked me for these columns. It was nice to chat about agriculture in general and this column in particular. He indicated a neighbour was having trouble with the adjoining yard owner’s overgrown tree hanging over into the next yard. The […] Read more

Q: I read about a court ruling per-mitting drug users to use their stuff, provided they stay in a particular place. How can the police and courts allow it if the drugs are illegal? A: InSite was a pilot project in Vancouver to try to minimize the health threats arising from intravenous drug use where […] Read more