Monthly Archives: June 2013

The Gift that Stopped Giving

In 1996, Kismet Enterprises Ltd. (“Kismet”) owned approximately 2 acres of land in Nanaimo, British Columbia. In April, 1996, Kismet leased the property to Rascal Trucking Ltd. (“Rascal”). Rascal began operating a topsoil processing facility on the property.

Rascal’s topsoil operation generated significant complaints from the neighbourhood. As a result, the City of Nanaimo (the “City”) passed resolutions declaring that the facility was a nuisance and authorizing the City to remove the topsoil if neither Kismet nor Rascal did so. The City subsequently removed the topsoil and lodged the costs incurred (approximately $110,000) against the property as tax arrears. Rascal brought an action challenging the City’s authority to pass these resolutions but in 2000, the Supreme Court of Canada ruled in favour of the City.

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Deadline for Avoiding the eRx Payment Adjustment Approaching at End of the Month

The June 30, 2013 deadline to participate in the Electronic Prescribing Incentive Program (“eRx”) and avoid the 2014 eRx payment adjustment is fast approaching.  Eligible Professionals (“EP’) looking to avoid the 2% payment adjustment in 2014 (payment adjustment means that EPs will only receive 98% of his/her Medicare Part B Physician Fee Schedule amount for […]

For more information please visit or click on the headline above.

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Call for L drivers to be allowed on the motorway

Young drivers must be allowed to gain early motorway driving experience, according to road safety charity Institute of Advanced Motorists (IAM).

With a green paper on learning to drive due to be published later this month, the IAM are calling on the government to ensure that any new system includes allowing supervised L drivers onto our motorways.

Motorways are our safest roads and many countries including Australia and the USA already allow their use by learner drivers, often with few restrictions.

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Executive Compensation and Governance Alert: July 1 is Indepdence Day for compensation committees assessing advisers

Under New York Stock Exchange and the NASDAQ Stock Exchange rules that were approved by the Securities and Exchange Commission (SEC) in January of this year, companies listed on those exchanges must comply by July 1, 2013 with new independence requirements for compensation committee advisers. Specifically, by July 1, 2013, compensation committees must:

  • Have authority to retain compensation consultants, legal counsel and other compensation advisers,
  • Have authority to pay reasonable compensation to such advisers with funds provided by the company, and
  • Have the responsibility to consider independence factors before selecting such advisers.
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Intellectual Property Alert: Myriad: How it impacts DNA testing labs

In a unanimous opinion issued on June 13, 2013, the U.S. Supreme Court distinguished between isolated naturally-occurring DNA, which is non-patentable, and a synthetic version of DNA, complementary cDNA, which is patentable. Association for Molecular Pathology v. Myriad Genetics.

In this case, Myriad owned several key patents that gave it the exclusive right to isolate the BRCA1 and BRCA2 genes on human chromosomes for genetic testing. Through isolating these genes, Myriad was also able to change the genetic sequence, resulting in cDNA, a non-naturally occurring DNA sequence.

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Nigel Kent and David Buxton-Forman published in Canadian Insurance Top Broker magazine

A commentary by Nigel Kent and articled student David Buxton-Forman was published in the May 2013 edition of Canadian Insurance Top Broker. The commentary discusses a recent decision that considered whether a breach of the duty of good faith could arise in the absence of damages flowing from a breach of an express term of the underlying insurance contract.

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Illinois Governor Signs “Fracking” Law

Article by: Arnstein & Lehr Attorneys William J. Anaya and Matthew E. Cohn, Environmental Practice Group

Article: Summary of the New Hydraulic Fracturing Regulatory Law


After considerable debate involving dueling interests, Illinois Governor Pat Quinn signed the Hydraulic Fracturing Regulatory Act into law in Illinois — providing Illinois with a remarkably new regulatory program designed to support the interests of the oil and gas industry and to provide for responsible stewardship of the environment.

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Golf Skills for Professional Women: Mixing business with pleasure.

Golf etiquette
Driving range and basic skills clinic
Limited tee times are available after the program at 6:30 p.m. (9 holes, scramble format)

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"U.S. Senate committee approves draft compounding legislation," Ned Milenkovich for Drug Topics

Ned Milenkovich wrote the article “U.S. Senate committee approves draft compounding legislation,” for the June 2013 edition of Drug Topics.

Click here for full text.

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Week of June 14, 2013 on ILNToday – A Roundup!

It’s Friday again, and without further ado, here are this week’s top stories!


Happy reading!


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