In This Issue - #182 April 30, 2014

  1. Monthly Lawyer Profile - Andrea East 
  2. Senate Reform: Supreme Court of Canada Reasons 
  3. Pinot with Your Produce? The B.C. Government Recommends Grocery Store Liquor Sales 
  4. Community Amenity Charges: The Province Introduces Guidelines for Local Governments 
  5. Why I Practice Personal Injury Law 
  6. B.C. Securities Commission Proposes New Equity Crowdfunding Rule 
  7. "I Want To Move…And He Won’t Let Me Take the Kids!" 
  8. Injured On Another’s Property – Am I Entitled To Compensation For My Injuries? 
  9. I Might Be Too Late To File A Builders Lien – Should I File One Anyway?  
  10. "Marking" Your Trade-mark Properly 
  11. Default Under A Commercial Lease - Part One 
  12. Foreign Income and Assets: Tax Implications under the Canadian Income Tax Act 
  13. When Does The Spousal Support Guideline Ceiling Break? 
  14. Cheeky Note To Manager Gets Gas Station Employee Fired 
  15. In The Community - Got Blood? Pushor Mitchell Does! 
  16. Legal Lite - Text Message Breakup Costs Man $53K Engagement Ring 

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1. Monthly Lawyer Profile - Andrea East

Why did you become a lawyer?

I love reading, writing and research, and lawyering allows me to use those skills to help others achieve their business goals.

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2. Senate Reform: Supreme Court of Canada Reasons - by Paul Mitchell, Q.C.

See the full text of the Supreme Court of Canada decision discussing Senate Reform, released April 25th, 2014, here. Full text

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3. Pinot with Your Produce? The B.C. Government Recommends Grocery Store Liquor Sales - by Katy Williams

The British Columbia government recently undertook a Liquor Policy Review headed by MLA John Yap, whose final report was released to the public on January 31, 2014. The Review collected submissions from industry stakeholders and the public and the Final Report provides 73 recommendations for reform to the existing liquor laws.

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4. Community Amenity Charges: The Province Introduces Guidelines for Local Governments - by Bradley Cronquist

Local governments across British Columbia have competing demands of providing amenities and infrastructure while keeping down taxes.

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5. Why I Practice Personal Injury Law - by Keri Grenier

There is no shortage of news stories, novels, television series or movies portraying what the media believe lawyers (or “attorneys” if you want the U.S. lingo) do for a living. While the media often depicts lawyers in a bad light, fortunately some portrayals are not only positive but also inspiring.

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6. B.C. Securities Commission Proposes New Equity Crowdfunding Rule - by Blair Forrest

On March 20, 2014 the British Columbia Securities Commission (BCSC), along with the securities regulators in Québec, New Brunswick, Manitoba and Nova Scotia, published a Notice and Request for Comment for a proposed a new exemption from the prospectus requirements to enable private companies to raise smaller amounts of money from members of the public over the internet.

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7. "I Want To Move…And He Won’t Let Me Take the Kids!" - by Monica McParland

Family Law disputes often arise when one parent wants to move out of town with the children. The move may be motivated by a new relationship, a better job, or by a desire to be closer to family support. Frequently the other parent objects to the move since it could hamper their ability to see the children, and may negatively impact his or her relationship with the children.

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8. Injured On Another’s Property – Am I Entitled To Compensation For My Injuries? - by Greg Pratch

Every year in my personal injury practice, I meet with individuals who have had the unfortunate luck of sustaining significant injuries while out shopping, eating dinner out, attending a party, etc. In other words, these individuals have been injured while on someone else’s property.

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9. I Might Be Too Late To File A Builders Lien – Should I File One Anyway? - by Mark Danielson

The Builders Lien Act, S.B.C. 1997, c. 45 (prescribes multiple time limits for filing a claim of lien. Generally, these time limits run from 45 days from the occurrence of a triggering event. It is often difficult to determine when, or if, such a triggering event has occurred.

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10. "Marking" Your Trade-mark Properly - by Vanessa DeDominicis

A question I often get asked is "Should I be using the ™ symbol or the ® symbol beside my trade-mark?"

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11. Default Under A Commercial Lease - Part One - by Alfred Kempf*

A landlord's reaction to a default under a commercial lease is usually determinative as to its ability to collect arrears and to recover future rent under the lease.

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12. Foreign Income and Assets: Tax Implications under the Canadian Income Tax Act - by Thomas Fellhauer*

Under the Income Tax Act (the "ITA") of Canada, Canadian residents are subject to income tax on all worldwide income. On the other hand, non-residents are only subject to tax on income tied to Canadian sources. Although this may sound straightforward, determining your liability and extent of liability can be complicated and the consequences for failing to comply can be significant.

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13. When Does The Spousal Support Guideline Ceiling Break? - by Wesley Forgione

When determining the amount of spousal support payable between spouses, courts in British Columbia typically follow the ranges provided by the Spousal Support Advisory Guidelines (the “SSAG”).

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14. Cheeky Note To Manager Gets Gas Station Employee Fired - by Joni Metherell*

A tired Michigan BP gas station attendant who had just completed the night shift and wanted to go home put his boss on blast and lost his job as a result.

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15. In The Community - Got Blood? Pushor Mitchell Does!

Pushor Mitchell is holding its annual blood drive at the Kelowna Canadian Blood Services Clinic on April 28thand 29th as well as May 1st and 3rd.

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16. Legal Lite - Text Message Breakup Costs Man $53K Engagement Ring

A man who broke up with his ex-fiancée by text message has lost his legal claim over a $53,000 engagement ring that he wanted back.

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