In this issue - #153 November 30, 2011

  1. Pushor Mitchell “Mo-Team” Raises Over $9,000 For Prostate Cancer 
  2. Accelerate Okanagan Private Sector Partners Include Pushor Mitchell 
  3. Canadian Tax Dispute Help Website 
  4. Tom Fellhauer Re-Elected As The Bencher Of The BC Law Society For The Okanagan District 
  5. Commercial Litigation Group At Pushor Mitchell 
  6. A Refinement Of The Shimco Lien 
  7. The Credit Application Says Interest On Overdue Accounts Is 2% Per Month..Why Can I Can Only Collect 5% A Year? 
  8. The Independent Contractor Trap 
  9. Medical Malpractice 101, The Top 7 Things You Need To Know About BC Medical Malpractice Cases - #4 
  10. Disputing Gross Negligence Penalties 
  11. Law School Admission Officers Are Checking Facebook 
  12. Whale Harassment: Minimum $2,500 Fine 
  13. Warning; Hybrid Cars Dangerous To Pedestrians 
  14. Pushor Mitchell Lawyers Appointed To Key Positions With The Trial Lawyers Association Of BC 
  15. Our Adoption Story 
  16. Legal Lite 

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1. Pushor Mitchell “Mo-Team” Raises Over $9,000 For Prostate Cancer

The Pushor Mitchell “Mo-Team” raised over $9,000 for prostate cancer research, during the annual “Movember” fundraising campaign for Prostate Cancer Canada.

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2. Accelerate Okanagan Private Sector Partners Include Pushor Mitchell

Dr. Moira Stilwell, Parliamentary Secretary for Industry, Research and Innovation, praised Accelerate Okanagan's Partners: “They all contribute dollars, as well as professional services, advice and mentorship.” Speaking at the funding announcement for Accelerate Okanagan on November 5th, Dr. Moira Stilwell, Parliamentary Secretary for Industry, Research and Innovation – representing the Minister of Jobs, Tourism and Innovation – praised Accelerate Okanagan’s Partners for their support of the organization.

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3. Canadian Tax Dispute Help Website

The tax law group at Pushor Mitchell LLP is pleased to announce the launch of a new tax dispute blog and website at www.taxdisputehelp.ca.

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4. Tom Fellhauer Re-Elected As The Bencher Of The BC Law Society For The Okanagan District

Tom Fellhauer has been re-elected by acclamation as the Bencher of the BC Law Society for the Okanagan District for an additional 2 year term.  The Benchers are the Board of Governors of the Law Society of BC.

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5. Commercial Litigation Group At Pushor Mitchell

Business involves risk and when disputes arise our commercial litigation lawyers are ready to step in and defend our clients’ interests.
 

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6. A Refinement Of The Shimco Lien - by Mark Baron*

In 2002 the court’s decision in Shimco Metal Erectors Ltd., 2002 BCSC 238 and 2003 BCCA 193 caught both the construction industry and the legal community by surprise.  Prior to Shimco it was commonly held that the only way to maintain a claim of lien was through the normal process of filing in the appropriate Land Title Office the standardized claim of lien form prescribed by the Builders Lien Act against title to the property where the work had been done or the material supplied.

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7. The Credit Application Says Interest On Overdue Accounts Is 2% Per Month..Why Can I Can Only Collect 5% A Year?

Clients often come to us with a credit application and want to know why they cannot collect interest at the rate specified in their contract.  The contract explicitly states a monthly interest rate, so what is the problem?

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8. The Independent Contractor Trap - by Alfred Kempf*

An all too typical typical Friday afternoon call to an employment (or tax) lawyer goes something like this: "Oh my God… I have just been reassessed for my independent contractors. I've been told I must pay the government the CPP and EI deductions I didn't make over the last three years.”  To make matters worse, one of the contractors injured himself horribly in an accident and WCB says am not covered because I didn't include him in my payroll. The government must have it wrong because the contract says that they are independent contractors.

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9. Medical Malpractice 101, The Top 7 Things You Need To Know About BC Medical Malpractice Cases - #4 - by Paul Mitchell, Q.C.

Medical malpractice cases are very complex.

This series of articles by BC personal injury and BC 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.

Find out what is involved in these difficult cases.
 

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10. Disputing Gross Negligence Penalties

Taxpayers who are reassessed by the Canada Revenue Agency are often shocked when they see the amount of the penalties that they have been hit with.  There are a number of different types of penalties that can be assessed by the CRA.  Gross negligence penalties are one type of penalty that is commonly assessed by the CRA.

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11. Law School Admission Officers Are Checking Facebook

Yes, the obvious has occurred. The workers in charge of admitting and denying potential applicants are now scouring social media platforms like Facebook in order to glean personal information from would-be attorneys.

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12. Whale Harassment: Minimum $2,500 Fine

Whale harassment. It exists.

Just ask the pod of Humpback whales in Santa Cruz, Calif.

These newly-arrived whales are attracting much attention. Hundreds of sightseers, kayakers and boaters have taken to the coast. Though no humans have been hurt, a lone sailboat struck a pod member near Monterey Bay.

In response, the Coast Guard is striking back.

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13. Warning; Hybrid Cars Dangerous To Pedestrians

Hybrid cars are safer -- or more dangerous -- depending on whether you are behind the wheel or walking across a street, according to a recent study.
Research from the Highway Loss Data Institute, an affiliate of the Insurance Institute for Highway Safety, shows that "occupants in hybrid vehicles suffer fewer injuries in crashes than those who are involved in accidents in conventional cars." Yet, the same study also found that hybrids, which tend to be quieter -- cause more pedestrian accidents than their nonhybrid counterparts.

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14. Pushor Mitchell Lawyers Appointed To Key Positions With The Trial Lawyers Association Of BC

Pushor Mitchell continues it’s involvement with the Trial lawyers Association of BC (TLABC).

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15. Our Adoption Story

Imagine you became adoptive parents at mid-life stage completely unexpectedly, to a toddler, within one month.  What would you do? How would you cope?

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16. Legal Lite
In Utah, no one may have sex in the back of an ambulance if it is responding to an emergency call.
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