In this issue - #168 February 28, 2013

  1. Monthly Lawyer Profile - Katy Williams 
  2. Tax Court Of Canada Finds That Third Party Penalties Are Criminal Sanctions 
  3. Capacity To Make A Will: Medical Evidence Is Not Always The Last Word 
  4. Symptoms Of A Concussion; What You Need To Know 
  5. BC’s New Family Law Act – An Overview 
  6. ICBC Says I Don’t Need A Lawyer 
  7. New Developments In Employee Leave For Family Obligations 
  8. Charitable Donations – What MOTIVATES You To GIVE? 
  9. Cohabitation Agreements: Promoting Open, Honest Communication - From The Start 
  10. In The Community - Pushor Mitchell Raises $5,000 for Heart & Stroke Foundation 
  11. Interesting Cases / Transactions - From Our Business Law Group 
  12. Legal Lite - Cupid's Arrow Fail: Top 5 Weird Valentine's Day Arrests 

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1. Monthly Lawyer Profile - Katy Williams

Why did you become a lawyer?

I have always enjoyed problem-solving and logic puzzles.  As a lawyer, I often deal with complicated situations that require some mental gymnastics to decipher how the law should apply.  I enjoy being able to deal with these interesting questions in order to help a client.

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2. Tax Court Of Canada Finds That Third Party Penalties Are Criminal Sanctions

A recent Tax Court of Canada case could dramatically impact the ability of the Canada Revenue Agency to assess third party penalties pursuant to section 163.2 of the Income Tax Act.  If you have been assessed a penalty pursuant to section 163.2 or such an assessment has been proposed by a Canada Revenue Agency auditor, you can breathe a sigh of relief - at least temporarily.

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3. Capacity To Make A Will: Medical Evidence Is Not Always The Last Word

In matters of mental capacity, the evidence of doctors is often conclusive. It is not often that the opinion of a lawyer about mental capacity trumps that of a doctor, and rightly so, since doctors applying scientific diagnostic criteria and experience have the expertise to properly answer questions about mental capacity. However, in some situations, a Court may prefer non-expert evidence of capacity to the extent it is focused on a particular issue, supported by outside evidence, and benefits from a particular legal test for mental capacity.

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4. Symptoms Of A Concussion; What You Need To Know - by Paul Mitchell, Q.C.

Traumatic brain injury can have wide-ranging physical and psychological effects. Most signs or symptoms are evident soon after the traumatic event, while you may only become aware of others days or weeks later. This article by Paul Mitchell,Q.C. lists some common symptoms to be aware of, and special considerations relating to children.

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5. BC’s New Family Law Act – An Overview

The Family Law Act (the “Act”) passed third reading on November 23, 2011 and received Royal Assent November 24, 2011.  It will come into force on March 18, 2013.

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6. ICBC Says I Don’t Need A Lawyer - by Keri Grenier

So ICBC has said: “you don’t need a lawyer” to help you with your personal injury claim.   Initially it’s not a hard sell for ICBC, is it?  Society has done a pretty good job of grooming you to not trust lawyers.  In fact, if you Google “lawyer jokes” you will get over 3 million hits and plenty are aimed at personal injury lawyers, some of which I’ll admit are pretty funny.

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7. New Developments In Employee Leave For Family Obligations - by Alfred Kempf*

A recent case in the Federal Court of Canada has nudged the door open a little further to more liberal rights for workers needing work accommodations to care for family members.

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8. Charitable Donations – What MOTIVATES You To GIVE? - by Vanessa DeDominicis

What are the Motivators for Charitable Giving? Think about it, what motivates you?

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9. Cohabitation Agreements: Promoting Open, Honest Communication - From The Start - by Brian Anslow

My last article (entitled Cohabitation Agreements:  The law is changing for common-law couples.  Now is the time to get a cohabitation agreement in place, in the December 2012 Legal Alert) explained why people living in a common-law relationship should enter into a Cohabitation Agreement before the Family Law Act (“FLA”) comes into effect on March 18, 2013.   Since that article, I have been contacted by several people wondering what happens if they do not have a Cohabitation Agreement in place before March 18th, 2013?  Or, what happens if their common-law spouse refuses to enter into a Cohabitation Agreement?

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10. In The Community - Pushor Mitchell Raises $5,000 for Heart & Stroke Foundation

On Valentine’s Day, the staff and lawyers at Pushor Mitchell participated in a firm wide fundraising event for the Heart and Stroke Foundation. Activities included a heart-healthy BBQ lunch, a silent re-gifting auction, the ever popular casual attire day, and the tried but true standard 50/50 ticket sales. Lots of smiles and heart felt contributions and matching funds generated just over $5,000 for the Heart & Stroke Foundation. A big thank you to our organizers: Brian Anslow; Marion Bomford; Diane Morrissey; Amanda Brealey; Serena Nolan; Stephanie Sedmak; Laurel Reading; Dorothy Holmes; Christa Taylor; Amelia Carew; Julie L. Burleigh and Blair Forrest.

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11. Interesting Cases / Transactions - From Our Business Law Group

From Our Business Law Group – Act as corporate and franchise counsel for national retail franchisor with over 200 franchise locations across Canada.

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

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12. Legal Lite - Cupid's Arrow Fail: Top 5 Weird Valentine's Day Arrests

http://blogs.findlaw.com/legally_weird/2013/02/cupids-arrow-fail-top-5-weird-valentines-day-arrests.html?DCMP=NWL-cons_blg-weird

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