Robertson Stromberg lawyers recognized in the 18th Edition of The Best Lawyers in Canada

Robertson Stromberg LLP proudly announces that 11 of its lawyers have been honoured and recognized in the 2024 edition of The Best Lawyers in Canada! In addition, two lawyers have received the prestigious “Lawyer of the Year” designation – Misty S. Alexandre for her work in Construction Law and Leslie W. Prosser, K.C., for his work in Corporate Law.

Launched in 2006, The Best Lawyers in Canada™ highlights the best legal talent across Canada. For 18 editions, they’ve celebrated the extraordinary accomplishments of those in the legal profession through exhaustive peer-review surveys. Using the same trusted methodology that Best Lawyers has used for more than four decades, The Best Lawyers in Canada is a comprehensive guide to the most prestigious, gifted lawyers in the country.

We extend our heartfelt congratulations to all of our recipients and celebrate the contributions that each of them makes to our firm and community.

MISTY S. ALEXANDRE

Construction Law

 

M KIM ANDERSON, K.C.

Banking and Finance Law

Insolvency and Financial Restructuring Law

JARED D. EPP

Construction Law

CANDICE D. GRANT

Education Law

TIFFANY M. PAULSEN, K.C.

Family Law

Family Law Mediation

JENNIFER D. PEREIRA, K.C.

Corporate and Commercial Litigation

Insurance Law

LESLIE W. PROSSER, K.C.

Corporate Law

Mining Law

Natural Resources Law

Sean M. Sinclair

Administrative and Public Law

SCOTT D. WATERS, K.C.

Banking and Finance Law

Corporate Governance Practice

Corporate Law

Real Estate Law

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Kemi Adegoke Joins Robertson Stromberg as Associate

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National Volunteer Week 2023: Highlighting our Community Involvement

From April 16 to 22, Canadians celebrate National Volunteer Week (NVW2023). This year’s theme is Volunteering Weaves Us Together, highlighting the importance of volunteering in our communities through actions that connect us with one another and strengthening our relationships.

At Robertson Stromberg LLP, we believe that it is our duty to use our skills and resources to help those who need it most. We are proud of our community involvement and active participation as volunteers with the local non-profit organizations that help make Saskatoon a great place to live. 

Our community partnerships have three central components – volunteer Board memberships, sponsorships and donations, and community involvement.

Board Memberships

Non-profit organizations are essential for building an engaged and collaborative community. Our lawyers serve on Boards as a way to support our community and to build capacity within organizations that often have limited resources.

As Board members, Robertson Stromberg lawyers volunteer their time – and provide governance expertise and oversight – to some of our community’s most active non-profit organizations and charities.

Our Board memberships include Big Brothers Big Sisters of Saskatoon and Area, Dress for Success Saskatoon, the Law Foundation of Saskatchewan, READ Saskatoon, Remai Modern art gallery and Station 20 West community centre. These organizations address issues ranging from food security in the city’s core neighbourhoods to inclusiveness and economic empowerment.

As Board members, Robertson Stromberg lawyers volunteer their time – and provide governance expertise and oversight – to some of our community’s most active non-profit organizations and charities.

Sponsorships and Donations

Robertson Stromberg recognizes that the backbone of any charitable organization is its volunteers. That’s why we commit our sponsorship dollars to assist non-profit organizations in building capacity to support those individuals who give their time to make our community great.

Some examples of organizations we support through sponsorships and donations are the Okihtcitawak Patrol Group (OPG), Prairie Hospice Society, Hockey Day in Saskatchewan, and the Secret Santa Foundation. The OPG is an Indigenous created and led community-based patrol group that services Saskatoon’s core neighbourhoods. Prairie Hospice Society is a charitable, non-profit community organization working to ensure access to compassionate, community-based, end-of-life support in Saskatoon. Through the Hockey Day in Saskatchewan initiative, communities have a chance to celebrate their rinks – and to preserve them – so future generations can enjoy the same experiences. The Secret Santa Foundation’s mandate is to provide a complete Christmas to 600 less fortunate Saskatoon families with children under 12.

Community Involvement

As a community-minded full-service law firm, Robertson Stromberg lawyers provide pro bono legal services to individuals and organizations across the province. Through the Public Legal Education Association of Saskatchewan (PLEA), our lawyers offer legal advice clinics at the Saskatoon Public Library. We also participate with Pro Bono Law Saskatchewan (PBLS) to provide free legal services to low-income provincial residents.

We also give back to our community in other ways. RS Partner Misty Alexandre is currently serving a 3-year term as a Director of Sask. Sports Inc. Partner Kirsten Hnatuk volunteers as a literacy coach with READ Saskatoon’s literacy program. And, partner Siobhan Morgan serves on the ArtSpace YXE board, which is committed to securing a long-term affordable space for artists in our community.

Let’s celebrate Canada’s volunteers together. #NVW2023 #WeavingUsTogether

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Kemi Adegoke Joins Robertson Stromberg as Associate

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8 Robertson Stromberg Lawyers recognized by their peers in the Canadian Legal Lexpert Directory for 2023

Congratulations to Misty S. Alexandre, M. Kim Anderson, K.C., Christopher J.H. Donald, K.C., Jared D. Epp, Tiffany M. Paulsen, K.C., Jennifer D. Pereira, K.C., Leslie W. Prosser, K.C., and Sean M. Sinclair, who have been recognized by their peers in the Canadian Legal Lexpert Directory for 2023.

The Canadian Legal Lexpert Directory, published since 1997, is based on an extensive peer survey process. It includes profiles of leading practitioners across Canada in more than 60 practice areas and leading law firms in more than 40 practice areas.

Misty S. Alexandre

M Kim Anderson, K.C.

Christopher J.H. Donald, K.C.

Jared D. Epp

Tiffany M. Paulsen, K.C.

Jennifer D. Pereira, K.C.

Leslie W. Prosser, K.C.

Sean M. Sinclair

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Clavelle Successfully Advocates for Developer

On January 3, 2023, the Development Appeals Board for Saskatoon allowed an appeal brought by Curtis Clavelle of Robertson Stromberg LLP on behalf of Arbutus Properties Ltd. to lift a holding symbol with respect to land Arbutus wished to develop in Saskatoon. The...

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James Steele Joins Robertson Stromberg LLP Partnership

Congratulations to James Steele who became Robertson Stromberg’s newest partner on January 1, 2023.  James joined Robertson Stromberg as an articling student and, since his call to the bar in 2015, has been an important member of the litigation department.James has...

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Robertson Stromberg Celebrates International Women’s Day 2023 on March 8

On March 8, International Women’s Day (IWD2023) is celebrated around the world as a time to recognize and appreciate the achievements of women.

The theme for this year’s celebration is DigitALL: Innovation and technology for gender equality, which aims to highlight the role that digital technologies have played and continue to play in the empowerment of women.

At Robertson Stromberg LLP, we are committed to promoting gender equality at our firm, which we believe is essential to achieving a more inclusive workplace that benefits everyone. We strive to foster an environment where all employees feel respected, valued and encouraged to reach their full potential.

With seven female partners out of our 14, Robertson Stromberg is among the most gender-diverse law firms in Saskatchewan.

Candice D. Grant

Kirsten M. Hnatuk

Tiffany M. Paulsen, K.C.

“Robertson Stromberg strives to create a welcoming workplace for all employees. We believe that increasing the number of women in leadership positions will benefit the firm, our clients and the community at large.”

– Tiffany M. Paulsen, K.C.

Tiffany M. Paulsen, K.C.

“Robertson Stromberg strives to create a welcoming workplace for all employees. We believe that increasing the number of women in leadership positions will benefit the firm, our clients and the community at large.”

– Tiffany M. Paulsen, K.C.

“Robertson Stromberg strives to create a welcoming workplace for all employees. We believe that increasing the number of women in leadership positions will benefit the firm, our clients and the community at large.”

Robertson Stromberg’s female lawyers practice in a variety of areas, including construction and transportation law, commercial litigation, insurance and professional liability law, family law, residential real estate and mediation.

Join us as we celebrate the achievements of women who have chosen careers in law.

Siobhan H. Morgan

Darlene N. Wingerak

#IWD2023

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Robertson Stromberg recognized in the 17th Edition of The Best Lawyers in Canada

Launched in 2006, The Best Lawyers in Canada™ highlights the best legal talent across Canada. For 17 editions, they’ve celebrated the extraordinary accomplishments of those in the legal profession through exhaustive peer-review surveys. Using the same trusted methodology that Best Lawyers has used for more than four decades, The Best Lawyers in Canada is a comprehensive guide to the most prestigious, gifted lawyers in the country.

Congratulations to the lawyers at Robertson Stromberg LLP who have been recognized in the 17th Edition of The Best Lawyers in Canada.

MISTY S. ALEXANDRE

Construction Law

 

M KIM ANDERSON, Q.C.

Banking and Finance Law

Insolvency and Financial Restructuring Law

JARED D. EPP

Construction Law

LESLIE W. PROSSER, Q.C.

Corporate Law

Mining Law

Natural Resource Law

SCOTT D. WATERS, Q.C.

Banking and Finance Law

Corporate Governance Practice

Real Estate Law

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Kemi Adegoke Joins Robertson Stromberg as Associate

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What if I just don’t? A cautionary tale for those who ignore Saskatchewan’s new prompt payment requirements

For the past several years, we have been presenting to the construction industry the pending (and as of March 1, 2022, now in force) prompt payment provisions, which are now included in The Builders’ Lien Act of Saskatchewan. A common question that arises during every discussion on the topic is “what if I just don’t follow these provisions?” While the answer in many cases is clearly outlined in the legislation, there are many unknowns as well. For example, we know that if an Owner does not formally dispute an invoice within 14 days, the invoice becomes due and payable. However, some wondered about the repercussions of simply ignoring the paperwork or payment requirements along the way.  Surely there would be some second chances? We often rely upon Court decisions to interpret legislation, but since the legislation itself is new, it may be a while before we know how the Saskatchewan Courts will address questions of this nature.

Fortunately, we can now take some guidance from the Courts in Ontario (the first jurisdiction in Canada to enact prompt payment legislation.) Their prompt payment provisions have been in place for over two years, and the related Court decisions are now starting to trickle in. The verdict? The Courts fully appreciate the importance of the prompt payment provisions and will interpret them strictly and to the detriment of those who choose to ignore them.

One such case was very recently reported in SOTA Dental Studio Inc. v. Andrid Group Ltd., 2022 ONSC 2254. SOTA hired Andrid to construct a dental clinic in Vaughn, Ontario. Andrid issued invoices to SOTA, none of which were disputed within 14 days of receipt, making those invoices due and payable. When SOTA did not pay within the required 28 days, Andrid invoked the adjudication process and obtained a decision from the adjudicator requiring SOTA to pay the invoiced amount. SOTA continued to ignore its payment obligations, leaving Andrid to pursue enforcement measures. Andrid was able to garnish a portion of the amount owing from SOTA’s bank account, but the majority of the debt remained unpaid.

Similar to Saskatchewan, Ontario’s prompt payment legislation permits a party to apply for judicial review of an adjudicator’s decision, though in Ontario the parties are required to seek leave of the Court to do so, which is not a requirement in Saskatchewan. However, in both provinces, an application for judicial review does not operate as a ‘stay’ of the adjudicator’s order unless the Court orders otherwise.

SOTA was granted leave to bring the judicial review application but did not seek a ‘stay’ of the adjudicator’s decision in the interim. As such, the adjudicator’s decision remained enforceable until the judicial review application was heard by the Court.

In advance of the hearing, the Court flagged their concern with SOTA’s continued failure to pay the amount owing under the adjudicator’s decision. Notably, the Court outlined the following principles to be understood by all parties in the construction industry:

[12]           …  So that there is no misunderstanding in future cases, we suggest the following principles to be borne in mind.

(a) prompt payment is integral to the scheme of the Construction Act. 

(b) failure to pay in accordance with the prompt payment requirements of the Act may lead this court to refuse leave.  Where leave is granted, an applicant must obtain a stay or must make payment, failing which this court may dismiss the application on motion to quash or at the hearing of the application.

At the hearing, SOTA argued that it had not made payment because “there was no money.” The Court responded sternly:

[13] … If the owner is insolvent, as appears to be the case, it should not be permitted to run up costs and delays through recourse to litigation in the face of the order below and the prompt payment provisions of the Act.  If there are circumstances that should lead the court to grant a stay, in all of these circumstances, these must be established on proper evidence in the context of a motion for a stay.

And with that, the Court dismissed SOTA’s application for judicial review and awarded costs to Andrid in the sum of $10,000.

So, what’s the answer to the question “what if I just don’t?” Well, so far the message appears to be that the Courts will take no mercy upon you. All parties in the construction industry should understand the prompt payment and adjudication requirements that are now in force for non-exempt construction contracts entered into after March 1, 2022. In this case, ignorance will not be bliss!

This article is intended to provide legal information only, not legal advice.  Dividing family property can be quite complicated. It is recommended that you seek the advice of a lawyer when considering the division of family property.

For further information, please contact:

Misty S. Alexandre
Direct: 306-933-1352
Email: [email protected]

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Whether it’s personal or business, we handle cases ranging from wills to overseeing complex business deals, and everything in between. Our success comes as a result of our collective effort. Combining the experience of your lawyer together with the resources of our team, you can put your trust in us to handle your case with confidence.

LawyersMisty S Alexandre