In this issue - #139 September 30, 2010

  1. Mini BreakOut West 
  2. Record Year for Pushor Mitchell Kelowna Apple Triathlon 
  3. Employment Law - The Dangers Of Guessing 
  4. Johnson & Johnson Sued Over Hip-Replacement Devices Recalled in August 
  5. The Latest On Damages For Mental Suffering 
  6. Don’t Forget To Buckle Your Seatbelt 
  7. A Review Of The Key Themes Of The Proposed Family Law Act  
  8. Taxman Chided For Treatment of Taxpayer 
  9. 28th Angel Investment Forum October 19 in Vancouver 
  10. New Life For Horses...With Prisoners 
  11. Violent Crime In USA Falls For 3rd Straight Year 
  12. 'Condom in Soup' Case Reaches Settlement 
  13. Hands Up, Pants Down, But Is that An Illegal Search? 

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1. Mini BreakOut West

Got kids?

Before you go bonkers looking for somewhere to kerplunk your little rascals come the weekend, this fall here’s a hint: Mini BreakOut West.

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2. Record Year for Pushor Mitchell Kelowna Apple Triathlon

2010 was another record year for the Pushor Mitchell Apple Triathlon!

This years event was a record year in all areas including the number of athletes, volunteers and the largest number of elite athletes competing  in Canadian Triathlon history! It was truly an international event with athletes from across Canada, USA, Chile, Brazil, Barbados, Sweden, Argentina, Great Britain, Bermuda, Australia.

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3. Employment Law - The Dangers Of Guessing - by Alfred Kempf*

A British Columbia employer has recently been ordered to pay an employee $10,000 in damages for bad-faith [Beggs v. Westport foods Ltd.]. The employer, in a small community, was advised by the employee that her house had burned down and that she wasn't sure when she would be able to return to work.

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4. Johnson & Johnson Sued Over Hip-Replacement Devices Recalled in August - by Paul Mitchell, Q.C.

Johnson & Johnson  is likely facing many lawsuits as a result of defective hip-replacement devices that the drugmaker stopped selling last month after defect reports surfaced.

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5. The Latest On Damages For Mental Suffering - by Alfred Kempf*

The Ontario Court of Appeal in a 2010 decision (Piresferreira v. Ayotte) has purported to limit recovery by employees for damages caused by an employer for negligent and/or deliberate infliction of mental suffering. The Employee had at the trial level been awarded damages for future loss of income to the date of retirement since the court accepted that she was permanently scarred by the bullying conduct of her supervisor (which was condoned in good measure by her employer). The conduct included extensive verbal abuse and culminated with the supervisor shoving the employee.

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6. Don’t Forget To Buckle Your Seatbelt - by Greg Pratch

The law requires that we fasten our seatbelts while driving or riding as a passenger in a motor vehicle.   This law exists, at least in part, because seatbelts are proven to help reduce the risk of serious injury or death in the event of an accident.  As a result of these proven safety implications, our law will often reduce the compensation that an injured motorist is entitled to receive if the motorist was not wearing their seatbelt at the time of the accident.    Courts have reduced compensation by up to 25% on the basis that the injured party’s failure to wear a seatbelt contributed to the seriousness of their injuries.  The moral of the story, from both a personal safety perspective as well as a lawsuit perspective, is to wear your seatbelt whenever you are traveling in a motor vehicle.

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7. A Review Of The Key Themes Of The Proposed Family Law Act - by Taryn Moore*

Further to my article in July of 2010, the provincial government of British Columbia released the White Paper on Family Relations Act Reform: Proposals for a new Family Law Act (the “Family Law Act”). As discussed, the Family Law Department at Pushor Mitchell is going to produce a series of Legal Alert Articles outlining various parts of the Family Law Act that we believe are interesting and significant. This will by no means be an exhaustive review of all of the provisions of the Family Law Act, but rather a brief description of some of the proposed changes.

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8. Taxman Chided For Treatment of Taxpayer
Mark Baron, a partner at Pushor Mitchell and Matt Kraemer one of our associates specializing in income tax matters recently appeared in Federal Court in Vancouver on an application challenging certain actions taken by CRA against a client/taxpayer. They were successful not only on the application but also in getting an award of costs against the federal government.
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9. 28th Angel Investment Forum October 19 in Vancouver

The 28th Angel Forum  will be held in Vancouver on October 19. If your company is looking for investors,  consider the 28th Angel Forum on Oct 19 in Vancouver.

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10. New Life For Horses...With Prisoners

Thoroughbreds who don't make the winner's circle, are injured or simply too old to race are discarded by their owners, auctioned off -- sometimes to the slaughterhouse. Now these horses are getting new lives.The twist? Prison inmates looking for their own second chances are helping save them.

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11. Violent Crime In USA Falls For 3rd Straight Year

The world is going to hell in a hand basket. Violent crime is up. Playgrounds aren't safe.  It's clear--things are getting worse. Or are they?

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12. 'Condom in Soup' Case Reaches Settlement

Question: What is the worst thing that a person could find in their soup?

Answer: hard to say for sure, but finding a condom in soup has to be pretty high on the list. We don't know. But, an Orange County Claim Jumper diner who found the secret ingredient in his soup sued for monetary compensation and the restaurant settled for an undisclosed amount.

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13. Hands Up, Pants Down, But Is that An Illegal Search?

No good deed goes unpunished. Officer Kara Breci discovered the truth in that old saying during a drug bust outside White Castle burgers in November of 2008. When she spotted a possible drug deal going down in the parking lot, Officer Breci and her partner swung into action, got the suspects out of their vehicle and ordered hands in the air.
 

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