Two New Owners for WMCZ in Saskatoon

The start of 2012 brought great news, as Jamie Nykolaishen and Mark Vanstone each joined the ownership group of WMCZ.

Jamie joined the firm in 2008 and quickly established herself as one of the province's leading commercial and residential real estate lawyers. In addition to her work with real estate and condominiums, Jamie handles business law transactions.

Mark started with WMCZ in 2009 after establishing a successful career in the criminal law and family law areas. He has distinguished himself both inside and outside the courtroom, and has been an active supporter of community organanizations ranging from the CLASSIC legal clinic to Saskatoon Christian School.

There wasn't much doubt that Mark and Jamie would fit seamlessly into WMCZ's ownership group, as each of them demonstrate a committment to exceptional legal service. We are proud to have them represent us.

Queen's Counsel Appointment for Craig Zawada

WMCZ's CEO, Craig Zawada, was one of 16 lawyers honoured with the designation of Queen's Counsel for 2011. In making the announcement, Saskatchewan's Justice Minister and Attorney General Don Morgan said "These exceptional recipients being honoured with a Queen's Counsel designation have a range of experience and represent the very best of our legal community"

A full list of the 2011 appointees is here. Congratulations to all of the recipients.

Craig is the fourth WMCZ lawyer to be honoured with a Q.C., joining Anne Wallace, Q.C., Lorne Jamieson, Q.C. and Gary Meschishnick, Q.C.

Farewell To A Friend

Ed Sebestyen passed away on December 4, 2011. Saskatoon lost a great citizen, and the legacy he left this city has few peers. 

Some of us were lucky enough to work with Ed prior to forming WMCZ in 1996. When we started the firm, we leaned on his cartoonist's background to come up with caricatures of the 4 founding partners:

He also drew the image on the front of our first Christmas card - a simple, elegant line drawing of the Saskatoon skyline as viewed from atop our building.

But Ed was also a counsel to us, and more importantly, a friend. He expressed confidence in what we could accomplish, and was always there if we had a question. Everyone who knew Ed got the same treatment - kind and courteous, he was a gentleman in the truest sense of the word.

Ed's contributions to Saskatoon were much, much bigger, including generating the idea for a mountain on the prairies. In comparison, we were small fry, but to Ed, everything was important. He had a way of letting you know that.

We will miss him, and we extend our deepest sympathies to Edna and his family.

How Far Does Zoocasa Reach?

The BC Supreme Court's decision in Century 21 Canada Ltd. Partnership v. Rogers Communication Inc., [2011] BCJ No. 1679 is a fascinating case, full of issues that can affect ISP's, online content providers, and users. It is the secondary arguments, however, that raise the most questions.

In brief, Zoocasa ran a site that pulled real estate listings from others, including a Century 21 website. Century 21 sued, claiming breach of contract through unauthorized use, and was successful.

A couple of minor issues are very interesting, though. For instance, the court suggested that an assignment of future copyrights might not be permitted, because the property didn't exist yet. The case did not turn on this point, and there are conflicting cases on the issue, so it remains to be seen whether this view will stand.

Even more significantly, Century 21 argued that unauthorized access to its servers was the same as physical trespass onto property. This claim was dismissed, since Century 21 used another host's servers and did not own them itself. If it had owned them, however, would trespass apply? That remedy would be an important additional weapon for content providers.

These issues will keep lawyers talking for some time, bu they are genuinely important in practice. The ease of copying on the internet guarantees that this will continue to be an issue. Content owners will look for every remedy they can find to protect themselves, and Zoocasa could be a turning point in how far that will extend.

Jamie Nykolaishen receives ACCI Designation

Jamie Nykolaishen has been recognized by the Canadian Condominium Institute, receiving their Associate of Canadian Condominium Institute (ACCI) designation. Jamie is a Director with the CCI, and also serves as Vice President of their North Saskatchewan Branch. She is the first professional in Saskatchewan to receive the ACCI designation.