In this issue - #155 January 31, 2012

Andrew, if you weren’t a lawyer, what profession would you like to attempt?

I would definitely want to be a professional golfer.  I consider myself a good golfer, but I am nowhere near being able to make a living at it.

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.

#2 Time Limitations in Medical Malpractice Cases

ICBC was recently taken to task on one of its more commonly cited accident benefit policies, which is: “ICBC is not required to pay for massage therapy.”  Not true, said the BC Court of Appeal on November 29, 2011 in a case called Raguin v. Insurance Corporation of British Columbia.  In this case, two children ages 11 and 12 years old were injured in a car accident.  Their doctor recommended massage therapy and they attended.  Despite their doctor’s recommendation, ICBC refused to pay the accounts for massage therapy totalling $742.

Pharmaceutical giant Merck has agreed to pay up to CAN$36.8 million (US$36.3 million) to resolve all suits brought against it in Canada over its former hit painkiller Vioxx.

As of December 13, 2011, there are immediate changes that impact depreciation reports, which help strata corporations plan for future maintenance and repair costs.

This article will focus on some of the upcoming changes to family law in British Columbia as a result of the implementation of the Family Law Act.  Subsequent articles will deal with provisions of the new Family Law Act in terms of property division, common-law relationships, and other topics.

A Mortgage Investment Corporation, commonly referred to as a “MIC,” is given preferential tax treatment under the Income Tax Act. MICs appear to be quite popular with investors. They often generate a reasonably good rate of return and also are taxed favourably.

Recent studies have diagnosed a growing problem in operating rooms: Distracted doctors and surgical staff are at times texting or surfing the web while performing patient procedures.

It has led to medical errors and lawsuits.

From our Personal Injury Law Group – Recently settled a complex product liability action against two large US medical companies, Johnson and Johnson, and Depuy medical, for a failed knee implant.

The defence lawyers advised this was one of largest settlements they have paid in Canada to date for a failed knee implant case.

Many people confuse trade names and trade-marks and think they acquire trade-mark rights by virtue of having a trade name.

One of the strangest lawsuit to come out of 2011 might be this one. A convicted kidnapper in Colorado sued his former hostages for breaching an oral contract to hide him when he was a fugitive. He sought damages to compensate him for injuries incurred during his arrest.