In this issue - #159 May 31, 2012

  1. Monthly Lawyer Profile - Joni Metherell 
  2. WorksafeBC’s Surprise For Homeowners 
  3. Is It Medical Malpractice? 
  4. Is Your Child In The Right Car Seat? 
  5. The New Family Law Act As It Relates To Care And Time With Children 
  6. Incapacity Planning And Your Health Care 
  7. The Supreme Court Of Canada Gives The Final Word On The Residency Of A Trust 
  8. Mild Brain Injury 101, The Top 5 Myths About Mild Brain Injury - #3 
  9. Interesting Transactions - From Our Business Law Group 
  10. In The Community - $43,000 Raised At United Way Plane Pull Challenge 
  11. Ask A Lawyer – Are Oral Contracts Enforceable? 
  12. Legal Lite - Top 5 Stupid Criminal Excuses 

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1. Monthly Lawyer Profile - Joni Metherell

Why did you become a lawyer?

I was studying journalism in Ottawa in the late 1980s and had the opportunity to take courses in Media Law and to watch cases live at the Supreme Court of Canada. Those experiences made me realize that I was interested in law and that I wanted to go back to school for a few more years of university.

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2. WorksafeBC’s Surprise For Homeowners - by Alfred Kempf*

I was alarmed to learn that WorksafeBC is of the view that that a homeowner who hires a person to do a project that will take more than 24 man (person) hours must register with the WCB and pay premiums with respect to the work.  If the homeowner fails to do so he or she could be liable for the cost of the claim should a worker be injured.

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3. Is It Medical Malpractice? - by Keri Grenier

There I was, sitting on the operating table with my legs hanging over the side and my back curved to open up my spine, just as instructed by the anesthesiologist.

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4. Is Your Child In The Right Car Seat? - by Paul Mitchell, Q.C.

Car crashes are the number one killer of children 1 to 12 years old in the United States and Canada. The best way to protect them in the car is to put them in the right seat, at the right time, and use it the right way. Read this article to help you make better-informed choices when choosing and using a car seat.

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5. The New Family Law Act As It Relates To Care And Time With Children

As we have explained in earlier Legal Alert articles, in late 2011 the British Columbia Legislature passed Bill 16, which will be our new Family Law Act. Once in force, it will replace the Family Relations Act. The new legislation provides for many changes to family law in British Columbia.

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6. Incapacity Planning And Your Health Care - by Vanessa DeDominicis

A Representation Agreement is a legal planning document which can be used in British Columbia to provide your named representative the authority to make health care decisions for you if you are unable to do so because of mental or physical disability. Living Will language can also be incorporated into a Representation Agreement which provides the named representative the legal right to refuse specific medical treatment or any treatment at all.

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7. The Supreme Court Of Canada Gives The Final Word On The Residency Of A Trust - by Melodie Lind

Last month, the Supreme Court of Canada released its decision in Garron Family Trust v. The Queen (also known as St. Michael Trust Corp. or the Fundy Settlement). The Supreme Court of Canada upheld the decisions of both the Tax Court of Canada and the Federal Court of Appeal that held the residency of the trust is to be determined on the basis of where “its real business is carried on.” Or, in other words, the residency of a trust is where the “central management and control” of the trust is truly exercised.

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8. Mild Brain Injury 101, The Top 5 Myths About Mild Brain Injury - #3 - by Paul Mitchell, Q.C.

Mild brain injury cases are very complex. This series of 5 articles by BC brain injury lawyer Paul Mitchell, Q.C., will explain the Top 5 Myths About Mild Brain Injury.

Find out what is involved in these challenging and difficult cases, and separate fact from fiction.

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9. Interesting Transactions - From Our Business Law Group

From Our Business Law Group – Acted for a major Canadian Chartered Bank to secure a multi-million dollar financing package for a real estate company for its construction of a new multi-story commercial centre.

Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law

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10. In The Community - $43,000 Raised At United Way Plane Pull Challenge

On May 11th, 2012 the Pushor Mitchell Legal Leverage team was one of thirty three teams pulling a plane at the third annual Valley First Plane Pull.

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11. Ask A Lawyer – Are Oral Contracts Enforceable? - by Andrew Brunton*

We often get asked if oral contracts are enforceable. Generally, they are. The problem is proving the existence of the oral contract should you ever have to do so.

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12. Legal Lite - Top 5 Stupid Criminal Excuses

Getting caught in uncompromising positions can lead people to give some pretty stupid excuses for their behavior. But nowhere is stupidity at its finest than when it's a stupid criminal excuse.

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