R. v. Mysak, (1983) 30 Sask.R. 311 (ProvCt)

JudgeToews, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateAugust 19, 1983
JurisdictionSaskatchewan
Citations(1983), 30 Sask.R. 311 (ProvCt)

R. v. Mysak (1983), 30 Sask.R. 311 (ProvCt)

MLB headnote and full text

R. v. Mysak

Indexed As: R. v. Mysak

Saskatchewan Provincial Court

Toews, P.C.J.

August 19, 1983.

Summary:

A notary public was charged with unlawfully advising service for reward in a matter pertaining to the law while not enrolled as a barrister and solicitor of Saskatchewan, contrary to s. 5(1)(e) of the Legal Profession Act. The Saskatchewan Provincial Court convicted the notary public.

See also the cases of R. v. Staseson Agencies Ltd., 30 Sask.R. 309, and R. v. Exner, 30 Sask.R. 313.

Barristers and Solicitors - Topic 6267

Unauthorized practice - Offences - Acting as a solicitor - Matter pertaining to law - A notary public prepared an estate information sheet for an executor - Completion of the sheet called for decisions respecting whether the will was validly executed, whether probate was necessary, whether an administration bond or other documents were required and whether infants were interested in the estate - The Saskatchewan Provincial Court convicted the notary public of unlawfully advising service for reward in a matter pertaining to the law when not enrolled as a barrister and solicitor of Saskatchewan, contrary to s. 5(1) of the Legal Profession Act.

Barristers and Solicitors - Topic 6268

Unauthorized practice - Offences - Acting as a solicitor - Exceptions - Notaries public - S. 3 of the Notaries Public Act authorized a notary public to draw, inter alia, deeds and contracts - The Saskatchewan Provincial Court held that the preparation of an estate information sheet by a notary public was not authorized by s. 3 and therefore constituted the unauthorized practice of law by a non-lawyer - See paragraphs 4 to 6.

Words and Phrases

Deed - The Saskatchewan Provincial Court held that the word "deed" in s. 3 of the Notaries Public Act, R.S.S. 1978, c. N-8, did not include an estate information sheet - See paragraphs 4 to 6.

Words and Phrases

Matter pertaining to the law - The Saskatchewan Provincial Court discussed the meaning of the phrase "matter pertaining to the law" as found in s. 5(1)(e) of the Legal Profession Act, R.S.S. 1978, c. L-10 - See paragraphs 8 to 11.

Cases Noticed:

Reference re Society Notaries Public of British Columbia (1969), 69 W.W.R.(N.S.) 475, refd to. [para. 7].

R. v. Mitchel, [1953] 1 D.L.R. 700, refd to. [para. 10].

Statutes Noticed:

Legal Profession Act, R.S.S. 1978, c. L-10, sect. 5(1)(e) [para. 1].

Notaries Public Act, R.S.S. 1978, c. N-8, sect. 3 [paras. 2, 4 to 6].

Authors and Works Noticed:

Black's Law Dictionary (4th Ed.) [para. 6].

Counsel:

Gerald M. Kraus, for the informant;

Wayne M. Rusnak, for the defence.

This case was heard before Toews, P.C.J., of the Saskatchewan Provincial Court, whose decision was delivered on August 19, 1983.

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