In this issue - #155 January 31, 2012

  1. Monthly Lawyer Profile – Andrew Brunton 
  2. Medical Malpractice 101, The Top 7 Things You Need To Know About BC Medical Malpractice Cases - #2 
  3. Court Quashes ICBC Policy 
  4. Merck Settles All Canadian Vioxx Lawsuits For C$37 Million 
  5. Strata Property Act Changes – Depreciation Report Requirements 
  6. Family Law Act Receives Royal Assent 
  7. Investing In Mortgage Investment Corporations: The Tax Advantages 
  8. Distracted Doctors Linked To Medical Errors 
  9. Interesting Transactions – From Our Personal Injury Group 
  10. Ask A Lawyer - Trade Name Vs. Trade-Mark – What’s The Difference? 
  11. Legal Lite – Kidnapper Sues Hostages For Breaching “Contract” To Hide Him 

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1. Monthly Lawyer Profile – Andrew Brunton

Andrew, if you weren’t a lawyer, what profession would you like to attempt?

I would definitely want to be a professional golfer.  I consider myself a good golfer, but I am nowhere near being able to make a living at it.

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2. Medical Malpractice 101, The Top 7 Things You Need To Know About BC Medical Malpractice Cases - #2 - 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.

#2 Time Limitations in Medical Malpractice Cases

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3. Court Quashes ICBC Policy - by Keri Grenier

ICBC was recently taken to task on one of its more commonly cited accident benefit policies, which is: “ICBC is not required to pay for massage therapy.”  Not true, said the BC Court of Appeal on November 29, 2011 in a case called Raguin v. Insurance Corporation of British Columbia.  In this case, two children ages 11 and 12 years old were injured in a car accident.  Their doctor recommended massage therapy and they attended.  Despite their doctor’s recommendation, ICBC refused to pay the accounts for massage therapy totalling $742.

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4. Merck Settles All Canadian Vioxx Lawsuits For C$37 Million - by Paul Mitchell, Q.C.

Pharmaceutical giant Merck has agreed to pay up to CAN$36.8 million (US$36.3 million) to resolve all suits brought against it in Canada over its former hit painkiller Vioxx.

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5. Strata Property Act Changes – Depreciation Report Requirements - by Bradley Cronquist

As of December 13, 2011, there are immediate changes that impact depreciation reports, which help strata corporations plan for future maintenance and repair costs.

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6. Family Law Act Receives Royal Assent

This article will focus on some of the upcoming changes to family law in British Columbia as a result of the implementation of the Family Law Act.  Subsequent articles will deal with provisions of the new Family Law Act in terms of property division, common-law relationships, and other topics.

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7. Investing In Mortgage Investment Corporations: The Tax Advantages - by Melodie Lind

A Mortgage Investment Corporation, commonly referred to as a “MIC,” is given preferential tax treatment under the Income Tax Act. MICs appear to be quite popular with investors. They often generate a reasonably good rate of return and also are taxed favourably.

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8. Distracted Doctors Linked To Medical Errors - by Paul Mitchell, Q.C.

Recent studies have diagnosed a growing problem in operating rooms: Distracted doctors and surgical staff are at times texting or surfing the web while performing patient procedures.

It has led to medical errors and lawsuits.

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9. Interesting Transactions – From Our Personal Injury Group

From our Personal Injury Law Group – Recently settled a complex product liability action against two large US medical companies, Johnson and Johnson, and Depuy medical, for a failed knee implant.

The defence lawyers advised this was one of largest settlements they have paid in Canada to date for a failed knee implant case.

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10. Ask A Lawyer - Trade Name Vs. Trade-Mark – What’s The Difference? - by Vanessa DeDominicis

Many people confuse trade names and trade-marks and think they acquire trade-mark rights by virtue of having a trade name.

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11. Legal Lite – Kidnapper Sues Hostages For Breaching “Contract” To Hide Him

One of the strangest lawsuit to come out of 2011 might be this one. A convicted kidnapper in Colorado sued his former hostages for breaching an oral contract to hide him when he was a fugitive. He sought damages to compensate him for injuries incurred during his arrest.

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