Pushor Mitchell LLP's Legal Alert

January 29, 2009 - Issue 120

In This Issue
Pushor Mitchell News 1. PUSHOR MITCHELL WELCOMES NEW PARTNER BLAIR FORREST 2. CENTRAL OKANAGAN FOUNDATION Health Care 3. HEALTH CARE COSTS RECOVERY ACT; IN FORCE APRIL 1, 2009 Real Estate Law 4. NEW HOMES REGISTRY LAUNCHED 5. NEW ANTI-MONEY LAUNDERING LEGISLATION TO IMPACT REAL ESTATE DEVELOPERS 6. REALTORS CAN INCORPORATE AS OF JANUARY 1, 2009 Labour & Employment 7. I QUIT! (NO I DON'T) 8. STRANGE TALES FROM THE EMPLOYMENT WORLD Criminal Law 9. ART CRIMES OF THE YEAR Tax Law 10. INCREASED PROTECTION FROM SEIZURE FOR RETIREMENT SAVINGS 11. SUPREME COURT OF CANADA RELEASES LIPSON DECISION Patents And Trademarks 12. APPLE AWARDED SIGNIFICANT iPHONE PATENT 13. LINK BETWEEN PATENTS AND TECHNOLOGY JOBS Product Liability 14. FDA ISSUES WARNING ON WEIGHT LOSS PRODUCTS

Pushor Mitchell News

1) PUSHOR MITCHELL WELCOMES NEW PARTNER BLAIR FORREST
Pushor Mitchell LLP is pleased to welcome Blair Forrest as a partner to the firm. Blair has earned a solid reputation representing clients in the areas of business law; technology law and intellectual property law, including securities, trade-marks, early stage companies and venture capital. He is involved in the community with the Central Okanagan Child Development Agency and youth sports. Blair can be contacted at 250-869-1160 or forrest@pushormithcell.com

2) CENTRAL OKANAGAN FOUNDATION
Tom Fellhauer, our tax partner, has been elected as the Chair of the Board of the Central Okanagan Foundation for a two year term. The Board of Directors of the Central Okanagan Foundation for 2008 - 2009 consists of: • Tom Fellhauer • Louise Elliot • Craig Gronsdahl • Stafford McKergow • Don Turri • Harry Grossmith • Ross Langford • Kathe Mackenzie • Sharon McCoubrey • Gail Plecash • Mary Jo Schnepf • Adrienne Skinner • Russell J. Bennett (Honorary Director) • Executive Director: Leanne Hammond Komori The Central Okanagan Foundation was established in 1977. It is registered as a charity and is able to issue tax deductible donation receipts for donations of cash, stocks or property. It is a community foundation and is a member of the Community Foundations of Canada. The Central Okanagan Foundation has been providing grants to charitable organizations in the Central Okanagan, from Oyama in the north, to Peachland in the south, for over 30 years. For more information, go to http://www.centralokanaganfoundation.org

Health Care

3) HEALTH CARE COSTS RECOVERY ACT; IN FORCE APRIL 1, 2009
The Health Care Costs Recovery Act, S.B.C. 2008, c. 27 (Bill 22) is in force April 1, 2009 (B.C. Reg. 397/2008). KEY FEATURES The bill has the following key features: Bill 22 permits government to recover past and future health care costs which have been paid or will be paid by the government regarding injuries that were the result of negligence or wrongdoing of a third party. An unofficial copy of the bill is available at: http://www.leg.bc.ca/38th4th/3rd_read/gov22-3.htm

Real Estate Law

4) NEW HOMES REGISTRY LAUNCHED
The Homeowner Protection Office (HPO), a provincial Crown corporation responsible for licensing residential builders in B.C. and administering Owner Builder Authorizations, is pleased to launch the New Homes Registry. This new online registry is a free resource for homebuyers, realtors, lawyers, local governments and others interested in quickly checking the status of a new home or new home under construction. Use this easy and convenient registry to find out if the home: has a policy of home warranty insurance. Such information includes: - name of the Licensed Residential Builder - name and phone number of the home warranty insurance company - builder's warranty number has an exemption and no home warranty insurance. Such information includes: - type of exemption - Owner Builder Authorization or rental purpose - date of first occupancy - whether the home is permitted to be offered for sale Both single detached homes and multi-unit homes, including duplexes can be searched on the registry by civic address. See a three-minute demo of the New Homes Registry to view the type of information the registry can provide you: http://tinyurl.com/hpo-bc-ca To use this new tool, visit the Homebuyers section of the HPO website at: http://www.hpo.bc.ca For more information contact Pushor Mitchell Associate Andrew Brunton at: brunton@pushormitchell.com or (250) 869-1135

5) NEW ANTI-MONEY LAUNDERING LEGISLATION TO IMPACT REAL ESTATE DEVELOPERS
On February 20, 2009, real estate developers (“Developers”) will become subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Act”). Developers will be required to comply with the following record keeping and reporting obligations: 1. keeping a “client identification record” each time they sell a new property; 2. keeping a “receipt of funds record” each time they receive funds from a purchaser (some exceptions apply); 3. reporting the receipt of cash in excess of $10,000; and 4. reporting suspicious transactions where they have reason to suspect that the transaction is related to the commission of money laundering or terrorist financing. Developers will also be required to implement a compliance regime, including a written compliance policy, a risk assessement and employee training. Please visit our website at http://www.pushormitchell.com/law-library/article/new-anti-money-laundering-legislation-impact-real-estate-developers-0 for a complete summary of Developers obligations under the Act.

6) REALTORS CAN INCORPORATE AS OF JANUARY 1, 2009
Please click on the following link to access Vanessa DeDominicis’ follow up article from last month’s issue of Legal Alert, summarizing the key advantages and disadvantages for realtors contemplating incorporation. Vanessa can be contacted directly at 250-869-1140 or dedominicis@pushormitchell.com for more information. http://www.pushormitchell.com/law-library/article/realtors-can-incorporate-january-1-2009

Labour & Employment

7) I QUIT! (NO I DON'T)
In a recent edition of his weekly column, “Legal Ease”, which appears nationally in a variety of print and electronic media, Robert Smithson addressed the circumstances in which an employer can rely on an employee’s statement of an intention to resign (and when it can’t). This edition of “Legal Ease” may be viewed at: http://www.pushormitchell.com/law-library/article/i-quit-no-i-don%E2%80%99t Previous articles in Robert’s “Legal Ease” series, on a wide variety of employment and labour topics, may be viewed at: http://www.pushormitchell.com/publications.asp Information about Robert’s practice may be viewed at: http://www.pushormitchell.com/lawyers.asp?lawyerID=25

8) STRANGE TALES FROM THE EMPLOYMENT WORLD
Although it happened in Stow, Ohio, we can’t help but wonder if this polite bank robber was a Canadian. The man’s intention of robbing the bank was perhaps made a little too obvious when he stood in line waiting his turn while wearing a ski mask. When his turn came, the teller asked him to take off the mask before being served. At that point, the robber displayed a weapon and demanded money and then made off with a disclosed amount. He was caught after a short car chase. Police stated that it is “unusual” for a masked robber to wait his turn in line.

Criminal Law

9) ART CRIMES OF THE YEAR
2008 was quite a year for art crime, featuring a stolen Caravaggio that turned out to be a fake, gun-wielding thieves and under-the-table ransoms, and something of a real-life Thomas Crown affair. But for every art theft that makes headlines, tens of thousands slip under the radar of the international media. Most people assume that art crime consists of only a handful of museum heists each year; in actuality, it has become the third-highest–grossing world criminal trade over the past 40 years, regularly perpetrated by or on behalf of organized crime syndicates and used to fund other illicit activities, such as drugs or arms trades. So while art thefts may be fascinating and certainly sexy to read about, we must keep in mind their sinister side and gather what lessons we can from them. http://www.artinfo.com/news/story/29907/2008-in-review-art-crimes-of-the-year/

Tax Law

10) INCREASED PROTECTION FROM SEIZURE FOR RETIREMENT SAVINGS
On November 27, 2008, an amendment to the Court Order Enforcement Act received royal assent. As a result of this amendment, section 71.3 of the Court Order Enforcement Act now exempts deferred profit sharing plans (“DPSPs”), registered retirement income funds (“RRIFs”) and registered retirement savings plans (“RRSPs”), all as defined in the Income Tax Act (Canada), from any enforcement process, subject to some important exceptions. The full article may be viewed at: http://www.pushormitchell.com/law-library/article/increased-protection-seizure-retirement-savings For more information please contact Pushor Mitchell Associate Melodie Hope at: hope@pushormitchell.com or (250) 869-1210

11) SUPREME COURT OF CANADA RELEASES LIPSON DECISION
On January 8, 2009, the Supreme Court of Canada released a long-awaited decision involving the application of the general anti-avoidance rule. The full text of Lipson v. Canada, 2009 SCC 1, can be found at: http://www.canlii.org/en/ca/scc/doc/2009/2009scc1/2009scc1.html.

Patents And Trademarks

12) APPLE AWARDED SIGNIFICANT iPHONE PATENT
Apple has been recently awarded a patent covering the user interface screen of their iPhone. U.S. Patent Number 7,479,949 is considered quite significant by many industry experts as it covers the method by which the iPhone interprets the finger movements of a user in controlling the position, orientation and size of the display on the iPhone. More information on this new patent is available at: http://apple20.blogs.fortune.cnn.com/2009/01/27/apple-awarded-iphone-patent/ and http://www.pcmag.com/article2/0,2817,2339661,00.asp In the wake of this recently issued patent, many people expect Apple to become more active in enforcing their rights in technology that was to a large extent pioneered by the iPhone. Stay tuned for news of Apple suing some of it’s competitors such as Palm, LG or RIM (makers of the Blackberry) for infringement of these and other patents. Richard D. Okimaw is an engineer, lawyer and patent and trade-mark agent practicing exclusively in intellectual property law and may be reached at okimaw@pushormitchell.com or (250)869-1280

13) LINK BETWEEN PATENTS AND TECHNOLOGY JOBS
A recent study published by a California non-profit organization called Next 10 has once again demonstrated the links between patent registrations, investment and job creation. The study titled “California Green Innovation Index 2009” is a comprehensive study that looks at current status and trends within California for energy usage, efficiency, economic, and environmental factors. News on the study and the study itself are available at: http://www.bizjournals.com/sacramento/stories/2009/01/26/daily19.html and http://www.next10.org/ Some of the key findings of the study are that within California: • green tech venture capital investment nearly doubled in 2008 over 2007 (and was 7 times higher than 2005 levels) and captured 57% of the national total for such investing; • patent registrations for green technologies between 2002 and 2007 increased by 70% over a similar period during the 90’s and led all other states for these patent registrations; and • job creation in green technologies has increased 10% since 2005 while the state average has only been 1% during this time. This study is an important reminder that investing the time and resources in creating and securing new technologies can and does create jobs.

Product Liability

14) FDA ISSUES WARNING ON WEIGHT LOSS PRODUCTS
More than 25 brands of weight loss pills and dietary supplements contain undeclared -- and potentially harmful -- pharmaceutical ingredients, and should be avoided by consumers, according to a warning issued Monday by the U.S. Food and Drug Administration. Read more: http://commonlaw.findlaw.com/2008/12/fda-issues-warning-on-weight-loss-products.html

Pushor Mitchell LLP's Legal Alert
Subscribing / Unsubscribing
To subscribe to or unsubscribe from this e-mail Newsletter for free, please visit http://www.pushormitchell.com/LegalAlert
Thank You
Thank you for reading Legal Alert. We hope you will forward this copy by email to colleagues, friends, and any others you feel would be interested in subscribing. Please ensure that no part of the newsletter is changed, added, or deleted when it is forwarded.
Online Suggestion Box
Would you like to see a topic covered in Legal Alert? If you have any suggestions on this newsletter, or how we may better serve our clients, we want your input, and would appreciate hearing from you. Please provide us with your comments by e-mail to feedback@pushormitchell.com
Contact Information
Pushor Mitchell LLP Lawyers and Trade-Mark Agents 3rd Floor - 1665 Ellis Street Kelowna, British Columbia, V1Y 2B3 Canada Tel: (250) 762-2108 Fax: (250) 762-9115 Email: Pushor Mitchell LLP's lawyer e-mail directory is located at http://www.pushormitchell.com/contactus.asp http://www.pushormitchell.com Legal Alert Editor: Paul Mitchell, mitchell@pushormitchell.com
Copyright
Copyright 2009, Pushor Mitchell LLP, Lawyers and Trade-Mark Agents, All Rights Reserved Please do not reprint or host on your website without written permission. Legal Alert is a trademark of Pushor Mitchell LLP, Lawyers and Trade-Mark Agents
Privacy Policy
We value and respect your privacy. Pushor Mitchell LLP will never make our subscriber list, names, email addresses, or any other subscriber information available to any other company or organization for any reason whatsoever.
Disclaimer
Readers should be aware that the legal issues described in this newsletter apply only to the laws of the province of British Columbia, Canada. This news letter may not apply to laws of the other provinces of Canada, nor to the laws of other jurisdictions. The subject matter provided in Legal Alert is provided for general informational purposes only and is not intended to be relied upon as legal advice.