In this issue - #154 December 21, 2011

We will be closing down for Christmas at 3:00 on Friday, December 23rd and re-opening on Wednesday, December 28th.

We will be closing for New Year’s at 3:00 on Friday, December 30th and re-opening on Tuesday, January 3rd.

Merry Christmas and Happy New Year from the staff and lawyers at Pushor Mitchell.

Of course we’re dreaming of a Greener Christmas; so here are the 12 days of Christmas brought to you by the Green Team!

Securities transactions are usually complex and time sensitive. Securities rules are also complex and most private entities are unaware of how those rules apply to them.  Our securities lawyers advise both public and private entities, as well as private investors, on all aspects of capital structuring, financing and securities compliance.

In British Columbia, the Securities Act and the rules adopted by the British Columbia Securities Commission (“BCSC”) impose a number of obligations on corporations.  One of the main objectives of the Securities Act and the BCSC is to protect investors when they invest in “securities”, such as shares of a corporation.

In Canada, securities regulation consists of three main components: prospectus requirements, registration requirements and (for reporting issuers such as publicly listed corporations) continuous disclosure requirements.  The prospectus requirements and registration requirements apply to all trades of securities, whether the trade involves securities of a public entity or a private entity. (For more information on prospectus requirements, see the articles entitled “Selling Shares to Investors:  Exemptions from the Prospectus Requirement).

In the article entitled “Does the Securities Act Apply to My Corporation?  The Answer Might Surprise You”, we noted that when a corporation issues shares it has to provide an investor with a “prospectus” unless the corporation can rely on an exemption from this requirement. This article summarizes some of the most common exemptions.

Reasons for judgement were released recently by the BC Court of Appeal confirming that ICBC’s No-Fault Benefits Scheme (aka Part 7 Benefits) requires mandatory coverage of massage therapy benefits.  These reasons are useful as they contradict ICBC’s internal policy limiting the availability of coverage for massage therapy.

If you own shares in a private company and you have a power of attorney that pre-dates September 1, 2011, you may need to replace your enduring power of attorney to permit your attorney to continue to hold those shares after the attorney starts to act for you.

Medical malpractice cases are very complex.

This series of articles by BC personal injury and BC medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about  medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so hard to win.

Find out what is involved in these difficult cases.

#3 WHAT ARE THE COSTS IF YOU LOSE YOUR CASE

Here are the five most popular Pushor Mitchell articles in 2011:

1. The Top Ten Mistakes That Could Screw Up Your ICBC Claim, Mistake #7 – Paul Mitchell
2. You’re Fired (And By the Way You Can’t Compete With Me) – Alf Kempf
3. The Pitfalls of Owning U.S. Property in Joint Custody – Melodie Lind
4. Waterscapes Development in Kelowna: B.C. Supreme Court Rules On The Importance Of Full Disclosure Under REDMA – Mark Baron
5. The Independent Contractor Trap – Alf Kempf

The staff and lawyers at Pushor Mitchell are and have been proud supporters of the United Way for many years. Efforts throughout the year include lawyers attempting to pull a plane at the Valley First Plane Pull Challenge and attempting to clean windshields at Maxine DeHart’s Annual Drive Thru Breakfast. In November the staff kicked it into high gear with another successful workplace campaign that included some proven approaches (casual days, 50/50 tickets, a Mexican theme lunch, pledge forms) as well as some unusual approaches (Lawyer Cooked Meals To Go, Hit the Piñata, Pin the Sombrero on the Burro). The end result was a total of $11,162 for United Way!

From our Business Law Group – Represented a local start-up technology company which included assisting the company with its incorporation, extra-provincial registration and initial financing rounds.

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

Many clients ask me, “How long can the Canada Revenue Agency assess me for?" Or put another way, “How long until I am safe from a CRA reassessment for any given year?” See Matthew Kraemer's blog for the answer: http://taxdisputehelp.ca/2011/12/how-far-back-can-the-cra-go-to-reassess-me/

Gaming widows everywhere are quietly applauding Alyse Baddley, a 21-year-old Utah woman who tried to sell her husband on Craigslist. Fed up with the traditional head nod and deaf ears, she and her mother-in-law conspired to auction him off to the highest bidder. Or in exchange for "an acceptable replacement."