In this issue - #146 April 30, 2011

  1. Kelowna General Hospital Foundation - 2011 Giving Catalogue 
  2. Canadian Human Rights Tribunal Orders INAC to Cease Discriminatory Practices 
  3. The Duty To Consult First Nations Under Modern Treaties 
  4. Lingo: Words and Phrases Commonly Used in First Nations Projects 
  5. Partners, Partnering, Partnership: the Legal Implications 
  6. The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #4 
  7. Pushor Mitchell Partner Curtis Darmohray Awarded Kelowna Chamber “Volunteer Of The Year” Award 
  8. Children Restraint Tips; How Booster Seats Save Children’s Lives ; A Must Read For Every Parent 
  9. Need Legal Advice Outside Of British Columbia? 
  10. Court Clarifies When A Lien May Be Filed For Off Site Work 
  11. Guide To Mediation In BC 
  12. Social Media: The New Business Reality For Board Directors 
  13. Forgery Suspect Shows Up In Court With Forged Doctor's Note 
  14. Legal Lite 

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1. Kelowna General Hospital Foundation - 2011 Giving Catalogue

As the only tertiary care facility in our region, the Kelowna General Hospital has been here to take care of us in our time of need. That is why Pushor Mitchell is pleased once again to partner with the Kelowna General Hospital Foundation on the 2011 Giving Catalogue.

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2. Canadian Human Rights Tribunal Orders INAC to Cease Discriminatory Practices - by Andrea East

In 2008, the federal government introduced a significant shift in its First Nations policies by repealing the section of the Canadian Human Rights Act that excluded decisions under the Indian Act from scrutiny by the Canadian human rights system.

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3. The Duty To Consult First Nations Under Modern Treaties - by Andrew Brunton*

Where a proponent proposes a land use for Crown lands within a First Nation’s traditional territory, the Crown has a duty to consult the First Nation with respect to the effect on the First Nation’s traditional use of the land.  Proponents are often very engaged in the consultation process, as it is the proponent who stands to gain from approval of the land use.  Cases interpreting the Crown’s duty to consult are divided into three types: (1) those where an Aboriginal group asserts that it has a specific Aboriginal right, but has not yet proved that the specific right exists, (2) those where when an Aboriginal group has established that it has a specific Aboriginal right, but has not entered into a modern treaty with the Crown, and (3) those where there is a modern treaty in place between the First Nation and the Crown.

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4. Lingo: Words and Phrases Commonly Used in First Nations Projects - by Andrea East

There are many words and phrases used in connection with First Nations Projects which have very specific meaning, and many acronyms used as short form, which can be challenging when first getting started. This article sets out some common words, phrases and acronyms and describes their meaning.

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5. Partners, Partnering, Partnership: the Legal Implications - by Andrea East

If you're thinking about forming a partnership, here are some things to think about before the partnership begins...
 
This article has been published in Native Business Development Magazine, a national publication focusing on the successes of First Nation, Inuit and Métis owned or managed businesses. 

http://www.nbdm.ca/blog/partners-partnering-partnership-the-legal-implications

6. The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #4 - by Paul Mitchell, Q.C.

This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim.
The articles 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 ICBC personal injury claim is not prejudiced.
This month, Mistake # 4, Posting Content on Facebook That May Hurt Your Case

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7. Pushor Mitchell Partner Curtis Darmohray Awarded Kelowna Chamber “Volunteer Of The Year” Award

Pushor Mitchell is pleased to announce that Curtis Darmohray was recently awarded the Kelowna Chamber of Commerce's "Volunteer of the Year Award".  Curt was happy to share this honour with Ken Carmichael of BDO Dunwoody Charted Accountants.  Together, Curt and Ken serve on the Kelowna Chamber of Commerce Board, and co-chair the Economic Sustainability Committee (which was instrumental in implementing the Chamber's Go Green Business Challenge).

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8. Children Restraint Tips; How Booster Seats Save Children’s Lives ; A Must Read For Every Parent - by Paul Mitchell, Q.C.

I came across a video recently that is a must read for every parent and grandparent.

The video was prepared for the Utah Primary Children's Medical Centre campaign on the need for children to use booster seats until they are tall enough to use an adult seat belt.

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9. Need Legal Advice Outside Of British Columbia? - by Andrew Brunton*

Did you know that Pushor Mitchell has lawyers qualified to practice in provinces other than British Columbia?  For instance, Andrew Brunton is called in the Province of Ontario.  His practice focuses on business law, real estate law and wills and estates.

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10. Court Clarifies When A Lien May Be Filed For Off Site Work - by Mark Danielson

In Action Holdings Ltd. v. Trend Homes Ltd., 2011 BCSC 381, the Supreme Court of British Columbia clarified when a claim of builder’s lien may be filed for work that is not done on the land subject to the claim of lien. 

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11. Guide To Mediation In BC - by Paul Mitchell, Q.C.

This On-Line “Guide to Mediation in BC” describes mediation, and how it works. It was prepared by the BC Ministry of Attorney General Dispute Resolution Office.

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12. Social Media: The New Business Reality For Board Directors

The social media phenomenon has made the leap from the consumer world to the boardroom. Directors are faced with sorting out how social media impacts the firms that they oversee and their own roles on boards.

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13. Forgery Suspect Shows Up In Court With Forged Doctor's Note

Some people never learn, and Michelle Astumian happens to be one of them.

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14. Legal Lite
In Greece, a driver’s license can be revoked if the person appears poorly dressed or unwashed.
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