Vigoren, Re, (1984) 35 Sask.R. 223 (QB)

• Judge: Dielschneider, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 04, 1984
• Jurisdiction: Saskatchewan
• Citations: (1984), 35 Sask.R. 223 (QB)

Vigoren, Re (1984), 35 Sask.R. 223 (QB)

MLB headnote and full text

In The Matter Of an appeal by Iain A. Mentiplay, Informant, from an acquittal of Vigoren's Real Estate and Insurance Ltd. and Ralph P. Vigoren at Lanigan, Saskatchewan of unlawfully performing work for a fee in a matter pertaining to the law, contrary to Section 5(1)(e) of the Legal Profession Act, R.S.S. 1978, Chapter L-10

Indexed As: Vigoren, Re

Saskatchewan Court of Queen's Bench

Judicial Centre of Humboldt

Dielschneider, J.

October 4, 1984.

Summary:

Vigoren, a notary public, drew a transfer of land under the Land Titles Act for a fee of $20.00. Vigoren was charged with performing legal services for a fee contrary to the Legal Profession Act. The trial judge acquitted Vigoren.

On appeal to the Saskatchewan Court of Queen's Bench the appeal was dismissed.

Barristers and Solicitors - Topic 6269

Unauthorized practice - Acting as a solicitor, exception, notary public - Vigoren, a notary public, drew a transfer of land for a fee of $20.00 - Vigoren was charged with performing legal services for a fee contrary to the Legal Profession Act - The Saskatchewan Court of Queen's Bench held that the Notaries Public Act empowered Vigoren to transfer land under the Land Titles Act (see paragraph 16).

Sale of Land - Topic 6084

Deed and transfer distinguished - The Saskatchewan Court of Queen's Bench discussed the distinction between a deed and a transfer under the Saskatchewan Land Titles Act (see paragraph 14).

Cases Noticed:

R. v. Nicholson, 14 A.R. 450, refd to. [para. 5].

Regina ex rel. Smith v. Mitchell (1953), 104 C.C.C.(2d) 247, refd to. [para. 5].

R. v. Staseson Agencies Limited and Staseson (1983), 30 Sask.R. 309, refd to. [para. 13].

R. v. Exner (1983), 30 Sask.R. 313, refd to. [para. 13].

Bell et al. v. Guaranty Trust Company et al. (1983), 30 Sask.R. 246, refd to. [para. 15].

Jellett v. Wilkie, 26 S.C.R. 282, refd to. [para. 15].

T.M. Ball Lumber Company Limited v. Zirtz and St. Mary's Parish Credit Union Limited (1961), 34 W.W.R.(N.S.) 625, refd to. [para. 15].

Re North-West Telephone Co. Limited (1909), 2 Sask. L.R. 379, refd to. [para. 13].

Hooper v. Hooper, [1953] 4 D.L.R. 443, refd to. [para. 15].

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 [para. 8].

Authors and Works Noticed:

Halsbury's Laws of England (1st Ed.), vol. 21, p. 493 [para. 11]; p. 497 [para. 9].

Chitty on Contracts (23rd Ed.), p. 20 [para. 14].

Words and Phrases (Butterworth)(2nd Ed.), vol. 5, p. 22 [para. 14].

Counsel:

G.M. Kraus, for the appellant;

Barrett D. Halderman, for the respondent.

This appeal was heard by Dielschneider, J., of the Saskatchewan Court of Queen's Bench.

The decision of Dielschneider, J., was delivered on October 4, 1984.