In this issue - #171 May 31, 2013

  1. Monthly Lawyer Profile - Thomas Fellhauer 
  2. Another Great Reason To Choose Pushor Mitchell - Sandra Hakanson 
  3. Another Great Reason To Choose Pushor Mitchell - Brent Coyne 
  4. Testamentary Capacity And Estate Planning 
  5. The Importance Of Disclosure In Negotiating A Family Law Agreement 
  6. When Should I Settle With ICBC? 
  7. Workplace Equality: When Is It Legal To Terminate An Employee On Parental Leave?  
  8. Probate Fees: What Is The Cost And When Are They Payable? 
  9. Joint Tenants vs. Tenants in Common. What Is The Impact On Your Estate Plan? 
  10. Do Guarantees Mean What They Say? 
  11. In The Community - Pushor Mitchell LLP Supports Juvenile Diabetes Research Foundation (JDRF) 
  12. In the Community - Pushor Mitchell Earth Day Mill Creek Clean-Up Project 
  13. Interesting Cases / Transactions - From Our Business Law Group 
  14. Legal Lite - Woman Slaps Deputy to Go to Jail, Quit Smoking - Legally Weird 

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1. Monthly Lawyer Profile - Thomas Fellhauer

Why did you become a lawyer? 

Back in the 1980’s I was working in a junior management position in a manufacturing plant and realized that I was going to need an MBA or Law degree to get to the executive management level.  I already had a business background so I thought Law degree would be helpful.  I didn’t really plan to be a lawyer but once I got to law school I changed my mind.

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2. Another Great Reason To Choose Pushor Mitchell - Sandra Hakanson

Pushor Mitchell is pleased to welcome Sandra Hakanson to the firm.

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3. Another Great Reason To Choose Pushor Mitchell - Brent Coyne

Pushor Mitchell is pleased to welcome Brent Coyne to the firm as an associate lawyer.

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4. Testamentary Capacity And Estate Planning - by Vanessa DeDominicis

My office is frequently graced with the delightful presence of seniors wanting to ‘re-do’ their Wills. Their reasons for this are numerous, and their history is certainly colourful.

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5. The Importance Of Disclosure In Negotiating A Family Law Agreement - by Taryn Moore*

 If you have read any of my articles over the past two years or the articles of my colleagues over the same period, there is little doubt that you have heard us describe the changes to family law under the Family Law Act.

The Family Law Act (the “FLA”) came into force on March 18, 2013.  Given the substantive changes to the law resulting from the FLA, many clients are now seeking legal assistance with drafting and negotiating Cohabitation Agreements and Marriage Agreements. In doing so, the concept of obligatory financial disclosure is brought to their attention.

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6. When Should I Settle With ICBC? - by Keri Grenier

“When should I settle with ICBC?”  Now, this is a question I get asked a lot and it is often followed by the million dollar question “How much should I settle for?”  This second question however, I will save for another day.

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7. Workplace Equality: When Is It Legal To Terminate An Employee On Parental Leave? - by Alfred Kempf*

It is undeniable that employers must not discriminate against employees because of pregnancy parental leave. That being said, sometimes legitimate business reasons require an employer to reorganize their work force. In such circumstances, must an employer protect an employee who is pregnant or on parental leave when making decisions about how to downsize?

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8. Probate Fees: What Is The Cost And When Are They Payable? - by Melodie Lind

British Columbia’s Probate Fee Act sets out the rules for the rate of probate fees payable on a deceased estate and when they must be paid. As a general rule, probate fees are equal to approximately 1.4% of the gross value of a deceased’s estate, calculated as of the date of death, and must be paid before the Court will issue a Grant of Probate. There are some circumstances, however, which reduce the amount of probate fees payable.

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9. Joint Tenants vs. Tenants in Common. What Is The Impact On Your Estate Plan? - by Vanessa DeDominicis

In my initial estate planning meeting with clients, one very important question that I ask is “Do you hold your real estate as joint tenants or tenants in common?” I am often answered with “We are both on the title” which doesn’t really answer my question.

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10. Do Guarantees Mean What They Say? - by Alfred Kempf*

In a recent decision in the Ontario Court of Appeal (Royal Bank of Canada v. Samson Management), the Court upheld guarantee language that was clearly designed to take away common-law protection for guarantors.

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11. In The Community - Pushor Mitchell LLP Supports Juvenile Diabetes Research Foundation (JDRF)

Pushor Mitchell LLP is pleased to be a platinum sponsor of the 2013 Telus Walk to Cure Diabetes which will be held on June 9, 2013 at Mission Creek Park.

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12. In the Community - Pushor Mitchell Earth Day Mill Creek Clean-Up Project

On Earth Day, the staff and lawyers at Pushor Mitchell partnered with the City of Kelowna in the clean-up of Mill Creek Linear Park.

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13. 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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14. Legal Lite - Woman Slaps Deputy to Go to Jail, Quit Smoking - Legally Weird

Smoking is a nasty habit and quitting can be a challenge. Some people try the nicotine patch, while others apparently go to jail to quit smoking.

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