In this issue - #152 October 31, 2011

  1. Matthew Kraemer Appointed To Kelowna Bar Association Board 
  2. Business Law Group At Pushor Mitchell 
  3. Business Law Group – A Few Of Our Transactions 
  4. Issuance Of A Development Permit: Not Taking “No” For An Answer 
  5. Why Should You Register Copyright? The Top Reasons Why… 
  6. Pre-Sale Litigation: A Change In Attitude From The Courts? 
  7. You’re Fired (And By The Way You Can’t Compete With Me) 
  8. In-Trust Claims - Compensation For Lending A Helping Hand 
  9. Corporate Transactions To Reduce Taxes Following Death 
  10. Medical Malpractice 101, The Top 7 Things You Need To Know About BC Medical Malpractice Cases - #5 
  11. But Employment (Labour) Standards Said …… 
  12. Too Late To Sue? 
  13. Trial Marriage? 
  14. Top 3 Halloween Lawsuits Of All Time 
  15. Social Media: Risk And Policies For Companies 
  16. Legal Lite 

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1. Matthew Kraemer Appointed To Kelowna Bar Association Board

Pushor Mitchell lawyer Matthew Kraemer has been recently appointed to the Board of the Kelowna Bar Association.

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2. Business Law Group At Pushor Mitchell

We are in the business of helping business succeed. For over 35 years we have been assisting businesses of all sizes achieve their objectives. We do so by gaining a deep understanding of our client’s business and then working hard to help clients grow and succeed.

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3. Business Law Group – A Few Of Our Transactions

A few brief summaries of some sample selected transactions or continuing client relationships.  Inclusion in the list has been authorized by our clients:

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4. Issuance Of A Development Permit: Not Taking “No” For An Answer - by Bradley Cronquist

Developers have to deal with the requirements imposed by a municipality through the development permit process. These requirements can be onerous and time consuming, and sometimes appear to the developer as unreasonable or arbitrarily applied.

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5. Why Should You Register Copyright? The Top Reasons Why… - by Vanessa DeDominicis

Protecting your intellectual property is extremely important. For businesses, think of it as protecting the brand and image that is conveyed to the public. You want what they see to be within your control. Copyright registration gives you this control.

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6. Pre-Sale Litigation: A Change In Attitude From The Courts? - by Bradley Cronquist

The economic downturn in 2008 created circumstances where purchasers were unwilling or unable to complete on strata units that were now valued at less than the purchase price in the Purchase Agreement.

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7. You’re Fired (And By The Way You Can’t Compete With Me) - by Alfred Kempf*

Should an employer who terminates an employee without just cause be entitled to enforce non-competition covenants against that employee?

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8. In-Trust Claims - Compensation For Lending A Helping Hand - by Greg Pratch

When a person sustains injuries as a result of the fault of another, whether by way of a motor vehicle accident, a slip-and-fall or otherwise, there may be substantial limitations to that person’s ability to work and care for themselves for a period of time afterwards. Family members of the injured person often end up helping their loved one, whether by way of taking on housekeeping duties, or assisting with childcare, mobility, or even work duties. The law in British Columbia recognizes the effort and contributions of these family members and in some cases may award damages to repay them for such efforts.

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9. Corporate Transactions To Reduce Taxes Following Death - by Melodie Lind

When a person resident in Canada dies, the Income Tax Act deems that person to have disposed of and reacquired all of his or her property for fair market value immediately before death. The result of this deemed disposition and reacquisition is that the person (subject to some exceptions) will be required to pay tax on the increase in value of his or her property that accrued since he or she initially purchased such property. The person’s estate, and ultimately the beneficiaries of the estate, will receive the property with the increased cost base (i.e. at fair market value). From a policy perspective, this deemed disposition and reacquisition ensures that capital gains are taxed for the growth that accrues to each generation. The deemed disposition and reacquisition at death, however, can result in double taxation where a person dies owning shares in a corporation.

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10. Medical Malpractice 101, The Top 7 Things You Need To Know About BC Medical Malpractice Cases - #5 - by Paul Mitchell, Q.C.

Medical malpractice cases are very complex.

This series of articles by BC personal injury and medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about  medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so hard to win.

Paul Mitchell Q.C has successfully concluded BC medical malpractice cases for amounts up to 3.5 million in individual cases.

Find out what is involved in these difficult cases.

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11. But Employment (Labour) Standards Said …… - by Alfred Kempf*

This is one of the most frequent phrases heard by Employment lawyers. The phrase is uttered by employers who have terminated employees without cause have given only the notice (or pay) required under the Employment Standards Act (the “Act”). That should be the end of the matter. Right?

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12. Too Late To Sue? - by Keri Grenier

Our lives are inundated with deadlines and time limits.  Some time limits make events more exciting, such as the game show Minute to Win It where contestants have a minute to do silly tasks like balance six dice on a Popsicle stick held in their mouth.  However more often than not, time limits are annoying but necessary for getting things accomplished.

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13. Trial Marriage?

In late September 2011, lawmakers in Mexico City proposed a new marriage license that would allow a couple to have a 2 year trial marriage.  If, at the end of those 2 years, the couple still wanted to be together, they could renew their marriage license indefinitely.  If, however, the married life, or their chosen spouse, is not what they had hoped for, they would go their separate ways, without having to go through a lengthy, potentially messy divorce.

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14. Top 3 Halloween Lawsuits Of All Time

Halloween lawsuits can be silly, ghoulish, and downright bizarre. They involve haunted houses; eggs and shaving cream; and a good deal of childish behavior. In fact, Halloween lawsuits are so amusing, that we'd like to share the top three, as compiled by Stephanie Rabiner of FINDLAW.Com

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15. Social Media: Risk And Policies For Companies

Social media also brings inherent risk, even to those companies not actively using them—e.g., threats to confidential information or intellectual property, reputational risk and the potential for regulatory infractions, to name a few. As a result, it is critical that management develop and maintain a clear-cut governance framework as a central part of its social media development initiatives.

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16. Legal Lite
In New York, New Yorkers cannot dissolve a marriage for irreconcilable differences, unless they both agree to it.
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