Monthly Archives: September 2014

Does the Public Guardian and Trustee Charge Fees?

The Public Guardian and Trustee of British Columbia (the “PGT”) plays many roles in administering and overseeing matters for individuals who lack the ability to do so.  For example, the PGT may act as the Committee of the Estate, managing the financial affairs of someone who is unable to do so himself.  The PGT also can manage the Estate of a missing person, review the accounts of private Committees, act as a Representative under the Representation Agreement Act, administer an Estate, and act as litigation guardian in any number of types of claims.

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General Counsel Corner: Clients Want a Partner

For this month’s installment of our General Counsel Corner, we are pleased to welcome Assistant General Counsel and Assistant Director of Internal Operations for Jacam Chemical Company, Jayson Macyda.

Mr. Macyda is not only a lawyer for Jacam, but also a general business manager. Because of his dual function, he is keenly aware of how legal decisions impact business operations, and vice versa. Jacam Chemical Company is a division of Canadian Energy Services, and provides chemical solutions to the oil and gas industry worldwide. 

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Joan Rivers and End of Life Planning

Fellow legal bloggers Danielle and Andy Mayoras (find them here and here) have a great article today about end-of-life lessons to be learned from Joan River’s passing.  All estate plans should include planning for incapacity and end-of-life decision making.  The Mayoras’ article excellently explains why this is so important. 

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ILN Today Post

DRUG TESTING RETALIATORY DISCHARGE CLAIM FAILS ON ISSUES OF CAUSATION

Continental Tire Americas, LLC (“CTA”) builds tires in Mt. Vernon, Illinois. The Mt. Vernon plant has a health services department that provides medical treatment to sick or injured employees. In April 2010, Jeff Phillips visited the health services department to report that his fingers went numb at work and to start a workers’ compensation claim. CTA required drug testing in certain situations: 1) Pre-employment testing; 2) Random testing for initial 12 months of employment; 3) For-cause testing; 4) OSHA recordable accident; 5) Transportable injury; 6) Serious equipment/property personal damage incident; and 7) Initiation of workers’ compensation claim. More…

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Two for Tuesdays: Marketing Refresh

September and October are two of my favorite months, not the least of which is because it gives me motivation, motivation for a fresh start as if I’m starting a new school year again.

As I’m thinking about fresh start today, I’m bringing you a Two for Tuesdays that focuses on a marketing refresh!

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ILN Today Post

HOWARD & HOWARD CONGRATULATES OUR ATTORNEYS NAMED TO MICHIGAN SUPER LAWYERS AND MICHIGAN RISING STARS 2014

Royal Oak, Michigan, September 9, 2014:  Twenty-six of Howard & Howard’s attorneys were recently named to Michigan Super Lawyers® and Michigan Rising Stars 2014 as a result of a survey by Law & Politics Media, Inc.  They were selected through a process which included peer evaluation and independent research.  Only five percent of the attorneys in Michigan were named to the Super Lawyers list and two and one half percent to Rising Stars.

The Howard & Howard attorneys and the practice areas under which they are listed in Michigan Super Lawyers 2014 are as follows: More…

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Ontario Securities Commission Rejects Insider Trading Allegations

The Ontario Securities Commission (“OSC”) released its long awaited decision in the Baffinland insider trading case.  Hearings in the case began in January of  2013 and concluded in September of that year.  The decision was a disappointment to observers who have been clamouring for stiffer penalties for violation  of securities regulations as the OSC dismissed all allegations of wrongdoing against the respondents.
 
In its statement of allegations, staff of the OSC (“Staff”) made allegations of insider trading, tipping and conduct contrary to the public interest in connection with the purchase of 20 million common shares and 5 million warrants of Baffinland Iron Mines Corporation by Nunavut Iron Ore Acquisition Inc., a company owned and controlled by Jowdat Waheed and Bruce Walter.  Nunavut Iron Ore acquired a “toehold” purchase of Baffinland on September 9, 2010 and launched a hostile takeover bid for Baffinland on September 22, 2010.
 
At the time, Baffinland was a publicly-traded junior mining company focused on developing iron ore deposits on its Mary River property located on Baffin Island in Nunavut. 
 
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Complimentary Webinar to Address Key Health Care Reforms and Its Impact on Population Health Management

 

Epstein Becker Green and EBG Advisors, as part of the Thought Leaders in Population Health Speaker Series, will host a complimentary webinar on September 30, 2014 on emerging trends in value-based purchasing in health care. The next session will feature a former key official from the U.S. Department of Health and Human Services (HHS), Gary Cohen, JD, who played a central role in the implementation of the Affordable Care Act over the past several years and is moderated by Lynn Shapiro Snyder, Senior Member, Epstein Becker Green.  The session, The Impact of the Affordable Care Act on Population Health Management, will assess how much progress the federal and state governments have made expanding health care coverage and bending the cost curve.  Specific insurance reforms to the individual and small group markets will be examined along with emerging trends such as the role of accountable care organizations (ACOs), patient accessibility issues, and the drive towards integrated population health solutions.

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ACAS Issue Guidance to Employers on Dress Codes

ACAS have issued guidance for employers in relation to dress codes in the workplace. The guidance states dress codes may be used by employers to ensure workers are kept safe and dressed appropriately for their role, however employers should create specific codes that relate to the job to be carried out and which should be reasonable in nature.

In particular;

• Employers must avoid unlawful discrimination in their dress code policy;

• Employers may include certain requirements to comply with health and safety duties;

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"Where there isn’t a will, there may be a way": Mark Weintraub and Gordon Behan write on WESA for TLABC.

In the Summer 2014 issue of The Verdict, the premier publication of the Trial Lawyers Association of BC (TLABC), Clark Wilson Partner Mark Weintraub and Clark Wilson lawyer Gordon Behan authored an article about WESA, the Wills, Estates and Succession Act, which came into effect on March 31, 2014. Their article answers key questions about how WESA will operate in practice, how WESA will change the way lawyers advise clients, how WESA may affect litigation in certain areas, and more. This article arose out of a TLABC presentation delivered by Clark Wilson Partner Amy Mortimore and Gordon Behan. This article is a useful reference for those working with WESA for the first time. Check out this informative read.

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