In this issue - #144 February 28, 2011

  1. The Tax Law Team At Pushor Mitchell LLP 
  2. Tax Disputes With The Canada Revenue Agency (CRA) – The Burden Of Proof 
  3. Five Important Reasons For Employment Contracts 
  4. Waterscapes Development In Kelowna: B.C. Supreme Court Rules On The Importance Of Full Disclosure Under REDMA 
  5. Giving Notice To Employees On Leave 
  6. Foreclosures and Non-Resident Withholdings under the Income Tax Act 
  7. The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #6 
  8. Riparian Areas Regulation - The Court’s First Consideration Of RAR In Yanke V. Salmon Arm 
  9. Court of Appeal Overturns Award for Business Losses from Construction Disruption 
  10. Suit Filed In Dallas Over Super Bowl Seat Problems 
  11. Hip Replacements; New Depuy Hip Replacement Being Investigated By FDA 
  12. Legal Lite 

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The Tax Law Team At Pushor Mitchell LLP

Tax is often one of the largest expenses for any individual or business.  Our Tax Law Team approach your tax needs and disputes with expertise, creativity and practicality.

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Tax Disputes With The Canada Revenue Agency (CRA) – The Burden Of Proof

Many taxpayers respond to a reassessment by the Canada Revenue Agency by saying, “prove it”.  This response is usually based on an understanding that in our justice system a person is innocent until proven guilty. Unfortunately tax law does not operate on this same principle.  In fact it is just the opposite.  In a tax dispute, the burden of proof is on the taxpayer to prove that the CRA’s assessment of tax liability is wrong.

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Five Important Reasons For Employment Contracts - by Alfred Kempf*

There are five important reasons for employment contracts.

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Waterscapes Development In Kelowna: B.C. Supreme Court Rules On The Importance Of Full Disclosure Under REDMA - by Mark Baron*

With limited case law available with respect to the Real Estate Development Marketing Act (“REDMA”), each decision made under REDMA will help to clarify the interpretation and application of the legislation.  The British Columbia Supreme Court recently made such a decision that those involved in the real estate development industry should be aware of.  This decision emphasizes the importance of full disclosure in disclosure statements prepared for marketing new developments.

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Giving Notice To Employees On Leave - by Joni Metherell*

Employers often struggle with how employees who are on unpaid leave should be dealt with when there are significant changes occurring in the workplace. The British Columbia Court of Appeal struggled with this issue too in Lewis v. Terrace Tourism Society and the outcome of the decision is instructive to employers and employees alike.

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Foreclosures and Non-Resident Withholdings under the Income Tax Act - by Bradley Cronquist

This article addresses a particular challenge that a purchaser of real property in a foreclosure scenario faces with respect to its potential liability for tax (non-resident withholding tax) under section 116 of the Income Tax Act (Canada) (the “ITA”).

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The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #6 - by Paul Mitchell, Q.C.

This series, by Pushor Mitchell personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim.

The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.
This month, Mistake #6. Not seeking medical attention early enough, or often enough.
 
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Riparian Areas Regulation - The Court’s First Consideration Of RAR In Yanke V. Salmon Arm - by Bradley Cronquist

The Riparian Areas Regulation (the “RAR”) was established under the Fish Protection Act S.B.C. 1997 c.21 (the “FPA”), and came into force on March 31, 2005.  RAR replaced the Streamside Protection Regulation (the “SPR/2001”), which was enacted under the FPA and came into effect in 2001.  RAR was implemented with the purpose of protecting riparian areas from development so the areas can maintain natural features and conditions that support fish life.

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Court of Appeal Overturns Award for Business Losses from Construction Disruption - by Mark Danielson

On February 18, 2011, the British Columbia Court of Appeal released its decision in Susan Heyes Inc. (Hazel & Co.) v. South Coast B.C. Transportation Authority, 2011 BCCA 77, holding that the builders of the “Canada Line” rapid transit system were not responsible for a business’ losses from disruption during the project’s construction, and overturning a ruling of the Supreme Court of British Columbia. The decision has implications for public bodies and developers involved in the construction of infrastructure projects, as well as individuals and businesses impacted by the construction process.

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Suit Filed In Dallas Over Super Bowl Seat Problems

A lawsuit has been filed accusing the NFL, the Dallas Cowboys and team owner Jerry Jones of deceiving hundreds of fans who bought Super Bowl tickets and had no seats, or who felt the seats were inadequate.

The federal lawsuit, filed in Dallas, alleges breach of contract, fraud and deceptive sales practices.

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Hip Replacements; New Depuy Hip Replacement Being Investigated By FDA

Hip replacement surgery involves inherent risks, but for those who have all-metal hip replacements, the risks are now even greater.
Last August, all recipients of a DePuy hip were notified that the company was voluntarily recalling its all-metal hips. Countless people who had received a DePuy hip were in need of revision surgery, which is just as risky as the first procedure.

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Legal Lite
In North Carolina, persons in possession of illegal substances must pay taxes on them.
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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.
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