In this issue - #146 April 30, 2011

As the only tertiary care facility in our region, the Kelowna General Hospital has been here to take care of us in our time of need. That is why Pushor Mitchell is pleased once again to partner with the Kelowna General Hospital Foundation on the 2011 Giving Catalogue.

In 2008, the federal government introduced a significant shift in its First Nations policies by repealing the section of the Canadian Human Rights Act that excluded decisions under the Indian Act from scrutiny by the Canadian human rights system.

Where a proponent proposes a land use for Crown lands within a First Nation’s traditional territory, the Crown has a duty to consult the First Nation with respect to the effect on the First Nation’s traditional use of the land.  Proponents are often very engaged in the consultation process, as it is the proponent who stands to gain from approval of the land use.  Cases interpreting the Crown’s duty to consult are divided into three types: (1) those where an Aboriginal group asserts that it has a specific Aboriginal right, but has not yet proved that the specific right exists, (2) those where when an Aboriginal group has established that it has a specific Aboriginal right, but has not entered into a modern treaty with the Crown, and (3) those where there is a modern treaty in place between the First Nation and the Crown.

There are many words and phrases used in connection with First Nations Projects which have very specific meaning, and many acronyms used as short form, which can be challenging when first getting started. This article sets out some common words, phrases and acronyms and describes their meaning.

If you're thinking about forming a partnership, here are some things to think about before the partnership begins...
 
This article has been published in Native Business Development Magazine, a national publication focusing on the successes of First Nation, Inuit and Métis owned or managed businesses. 

http://www.nbdm.ca/blog/partners-partnering-partnership-the-legal-implications

This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim.
The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.
For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.
This month, Mistake # 4, Posting Content on Facebook That May Hurt Your Case

Pushor Mitchell is pleased to announce that Curtis Darmohray was recently awarded the Kelowna Chamber of Commerce's "Volunteer of the Year Award".  Curt was happy to share this honour with Ken Carmichael of BDO Dunwoody Charted Accountants.  Together, Curt and Ken serve on the Kelowna Chamber of Commerce Board, and co-chair the Economic Sustainability Committee (which was instrumental in implementing the Chamber's Go Green Business Challenge).

I came across a video recently that is a must read for every parent and grandparent.

The video was prepared for the Utah Primary Children's Medical Centre campaign on the need for children to use booster seats until they are tall enough to use an adult seat belt.

Did you know that Pushor Mitchell has lawyers qualified to practice in provinces other than British Columbia?  For instance, Andrew Brunton is called in the Province of Ontario.  His practice focuses on business law, real estate law and wills and estates.

In Action Holdings Ltd. v. Trend Homes Ltd., 2011 BCSC 381, the Supreme Court of British Columbia clarified when a claim of builder’s lien may be filed for work that is not done on the land subject to the claim of lien. 

This On-Line “Guide to Mediation in BC” describes mediation, and how it works. It was prepared by the BC Ministry of Attorney General Dispute Resolution Office.

The social media phenomenon has made the leap from the consumer world to the boardroom. Directors are faced with sorting out how social media impacts the firms that they oversee and their own roles on boards.

Some people never learn, and Michelle Astumian happens to be one of them.