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During the (economic) unification after 1990, Germany faced several challenges. A central problem was the high unemployment rate which forced the government to implement fiscal and monetary policies to reduce unemployment. Irrespective of the economic developments those measures led to stable wages, resulting in low production costs in times of economic growth in comparison to other European countries. Thus, Germany had a competitive advantage of tradable goods, leading to continuous growth of its current account surplus. A surplus generated partly on the expense of other European countries causing the European internal imbalance to enlarge, amplifying debts growth and the European crises. The foundation of income distribution for Germany's workers and its consequences for the Sovereign debt crises will be discussed in detail.
After the German unification the country had a severe problem of unemployment with a constant rose in unemployment rate up to 10% in 1997. Facing the problem of increasing unemployment, a reverse in monetary policies led to a return to economic growth and low unemployment in the following years. Thereby, some important structural characteristics in the labor market were enforced to uncouple economic fluctuation with the unemployment rate and the wage rate. Mainly a general philosophy prevailed that makes long-term job security a priority over short- term profit making, keeping the labor market unaffected by boom-bust cycles of the world economy.
Based on this philosophy, German firms effectively kept unemployment numbers relatively lower than their production costs would normally allow by increasing working hours without additionally salary, or decreasing the number of full-time workers while increasing the number of part-time workers during times of instability.
In times of booms, instead of hiring new workers, firms motivated their workers that had already worked part-time to work longer hours, enabling firms to not encounter further training costs for new staff. Firms also rather reinvested their profits to increase their productivity to remain competitive in the world market.
German policymakers have traditionally realized to make structural adjustments that affect worker's work-leisure patterns and their wage rate. The labor market ministry undertook a series of labor market reforms, including more experience for unemployment benefits, sanctions for refusing job offers and the development of labor agencies which allow more flexible temporary work. These measures allowed Germany to alter the work-leisure patterns of its workforce, motivating more workers to enter into temporary work and to stay in their firms to secure benefits in cases of unemployment during a crisis.
Those labor market policies undertaken by Germany's government and the structural nature of Germany's labor market operations, allow a stabilization of the unemployment rate, independent of macroeconomic cycles, thus keeping wages constant over time. Germany's wage rate stayed constant despite growth-boom cycles induced by the world economy because those structural characteristics allowed German skilled workers long-term job security on a slowly increasing salary.
With the change in macroeconomic environment and the increase in GDP growth from 2000 onwards, these characteristics of the German labor market caused German firms not to hire many more workers or to increase wages excessively. This distinguished German's income distribution from other European countries, comparing its very small increase in wages of 7.5% between 1990- 2010 with a rise of wages in e.g. Spain of 55% in the same time period. Since 2001, average hourly wages have even stagnated in real terms in Germany. Before the European debt crises, in the economic boom of 2005-2007 unemployment rates were also constant at about 9%, keeping wages rate also constant. Clearly, the comparable lower wage rates improved Germany's competitive advantages in tradable goods keeping production costs low which result in an ever growing surplus in its current account from 2000 onwards. In addition, the repercussions of the hesitant wage rate policy in Germany is that Germany's domestic consumer sector has always remained fairly weak with regard to its GDP, leaving spending/imports low despite economic growths. The surplus in Germany's trade balance has been mostly based on expense of other European countries, which suffer from Germany's advantage in production of tradable goods and it's reserved spending pattern. With the European Monetary Union an adjustment due to nominal exchange rates in those countries were also impossible. The following statistic summarizes that Germany's current accounts surplus mirrors the current account deficits in Southern European countries:
Facing the growing deficit in current accounts, Southern European countries were forced to increase their debts. A strong borrower was thereby Germany, able to invest in e.g. governments bonds in Greece and Italy with its newly generated profits. Starting from this point, as the bond market stagnated and fiscal imbalance increased, the situation for Southern European countries worsened, making it impossible to repay the high debts.
The income distribution in Germany can thus be applied to explain how the internal imbalance in Europe increased before the Sovereign Debt Crises, leading to growing debts in e.g. Southern Europe countries. The explained structures in income distribution and the low domestic spending in mind, also explains among other things why Germany has not been hidden by the recession as much as other countries and why its spending pattern has contributed to the crisis.
#712 #724


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There are a lot of people especially women who are having flabby hips and they want to get rid of it. In order to have a leaner, more defined appearance you will have to work on few things which would be explained in this reading. Just make sure that you make up your mind that you will do all these things and the rest is quite easy.
Observe Your Food
A lot of people have a habit of eating around from here and there and do not even notice that they consume a lot of unnecessary calories and fats. First you will have to observe yourself which means you have to track your intake for one day. Make sure you cut back by almost 500 calories. Avoiding 500 calories each day will lead to 1 lb. of weight loss per week. Make sure the food you are consuming is healthy and nutritious. Drink plenty of water, fresh fruit drinks etc. Eat green vegetables, fresh fruits, lean meat, low-dairy products, fish and whole grains.
Go for Cardiovascular Training
Cardio exercises are mostly recommended when it comes to lose the fat around the hips. The reason is that cardio helps in burning the fats in your hips as well as in the rest of the body. Make sure you begin from 10 minutes of cardio exercises each day and slowly make it to 30 and even 40 if you want to lose fat quickly. Some of the simple cardio exercises include:
- Brisk walking
- Running
- Swimming
- Skipping the rope
- Mountain climbing etc.
Dancing and Aerobics Exercises
A lot of people are not aware of this fact that dancing is also a good exercise to lose weight. However if you don't like dancing then you should try some aerobics steps. If you don't want to go out or you don't want to join a gym then you can watch some aerobics exercises online and can practice at home.
Abductor Machine
Abductor machine is also a good way to reduce to hips. All you need to do is to perform the exercises on the abductor machine backwards, like sit on the machine with your back resting on the back rest. And then place your feet on the foot rest. Now position your thighs against the padded level arms. Press against the arm levels with some force and try to move them outwards as far as you are able to do. And then bring them back together quite slowly. Now repeat.
Side Plank Leg Release
Lie on the floor on your left side with your legs stacked and forearm lie flat on the floor perpendicular to your body. Now lift your hips up in order to form a straight body and now raise your right leg until it is parallel to the floor. And then lower it back slowly. Repeat and switch sides.
So if you will follow these tips you will surely get rid of flabby hips.

subset: commoncrawl


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This is gonna be a short one.
Today I was trying to write a DOORS DXL script to automatically assign IDs to requirements in a requirements document module.
I said "I was trying" because this was the first time I ever tried to write a DXL script.
What I wanted to do with this script was:
1) Check the related attributes of the objects to determine if they were requirements or other types of objects
2) If an object was of type "Requirement", automatically and sequentially generate and assign a unique ID to another attribute of that object
Easy right? Actually quite easy. But I had to spend some time trying to convert an interger value to a string (text) value, and internet didn't seem to have enough resources on this problem.
Just append an empty string to your integer variable!
Below is a sample pseudo code:
string sometextvariable
int someintvariable
Do some stuff here to set the value of someintvariable
sometextvariable = someintvariable ""
Hope this helps someone.
Good luck,


text: Deep water canal front right out to Bimini Bay! Bring your boat and get ready to relax in this three bedroom, two bath canalside home in a very quiet residential area in the northern part of Holmes Beach. A large wetland preserve lies the entire length just across from you so there is plenty of privacy and bird life to watch! The house has an open, split floor plan and an enclosed lanai. It is updated with new kitchen and bathrooms and is turnkey furnished for you to move right into! Large lot with plenty of room for a pool. Vacant and easy to show!


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Craig Norris has conducted many photography workshops in
Hong Kong, with a very high satisfaction level from the participants.
If you want to learn how to "capture the moment" and preserve
special memories for posterity, click on the picture below to enter Craig's photography workshop web site.
All images on this page copyright Craig Norris. All rights reserved.


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The breathtaking Samsung Wave will sweep you away into a sea of apps and features. With the world's first super AMOLED touch screen and a super-fast 1GHz processor; Wave was made for pure media playback, brilliant web browsing and effortless multitasking. The first handset to have Samsung's new Bada operating system and social hub, Wave is also the first mobile with Bluetooth 3.0 connectivity.
The Carphone Warehouse Eyeopeners - The stunning Samsung Wave is a mobile technology marvel.
This breathtakingly beautiful handset is the first smartphone to have a super AMOLED high definition display - a curved, tempered glass screen enhanced by mDNIe (mobile Digital Natural Image engine) technology for a free viewing angle even in direct sunlight.
Tap the crystal-clear screen to dive into a sea of possibilities; Wave is the first handset to run the exciting new Samsung Bada operating system and the fun, simple TouchWiz 3.0 interface. There's plenty of room for all your favourite applications on Wave's scrolling 10 page home screen and the 1GHz processor ensures that everything runs smoothly.
TouchWiz 3.0 and Bada bring a whole host of enhancements and innovations, including a handy notifications bar for quick access to connectivity settings, a quick panel for favourite features and an integrated phonebook that syncs with Facebook™ and Twitter™.
Go online via 3G or WiFi to experience high definition web browsing. You can fire off instant messages, update your status, stream video clips, or use one-finger zoom to see web pages in up to 10x detail! You can also visit the new Samsung Apps marketplace, where a wealth of free and paid apps are waiting to be discovered. New content is added daily, ready to be downloaded directly to Wave or to your PC using Samsung Kies software.
Stay in touch via IM, SMS, MMS or email. Wave's ultimate inbox merges every message into one communications stream; so you can easily see who sent what and when. The new Ticker widget lets you read and reply to messages with one click and there's a full screen virtual QWERTY for firing off emails or IMs. A multiple email client handles your Microsoft Exchange, Gmail™, Yahoo™ and MSN accounts.
New to Samsung phones, the Buddies Now widget provides real-time access to your favourite contacts, right from your home screen. The all-in-one calendar supports 2-way sync with Microsoft Outlook, Yahoo, Google and Facebook; it pulls across all your events and meetings to make one clear overview of your day.
Samsung Wave has a generous 2GB of Onboard Memory; more than enough to store your app collection. You can also enhance its memory with a microSD card up to 32GB, and turn this state-of-the-art smartphone into your own personal entertainment centre.
Enjoy your multimedia more with Wave's HD music and video player, which supports seamless video streaming and 720p HD video decoding! Virtual 5.1 surround sound transforms your mobile into an advanced entertainment centre and there's an integrated FM radio with broadcast recording to keep you in tune with the newest hits.
From a 5 Megapixel camera and HD video recorder to Assisted GPS navigation, Samsung Wave has every advanced mobile feature you could need to enjoy your day-to-day.


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Find The Right Acne Treatment Products in Leupp
If you struggle with an imperfect complexion, you know difficult it is to find an acne treatment that's right for your skin. That's why we offer solutions that actually fight acne effectively. Not sure what products are right for you? Talk with a Mary Kay Independent Beauty Consultant in Leupp for acne treatment options. With Mary Kay's acne treatment regimen, you can target problems like adult acne so you can eliminate blemishes and have the confidence that comes with clear skin. Check out our serums, toners, and gels, or use one of our skin care systems and get the results you really need. To learn what solution will work best with your skin, talk to you Mary Kay Beauty Consultant in Leupp. Acne treatment is easier than ever with Mary Kay. Contact us to get started today!


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English as an Additional Language (EAL)
Marymount's linguistic diversity is an asset for teaching and learning. We value the multilingual and multicultural nature of our students, and we draw on their background knowledge across the curriculum. The English as an Additional Language (EAL) department is instrumental in welcoming and supporting children from a wide variety of linguistic and cultural backgrounds to our school. We aim to support our language learners in the most inclusive way possible so that all students have access to the curriculum and school life.
Marymount encourages first language maintenance at home and provide our students with language instruction and content support in EAL and mainstream classes. Alongside classroom teachers, we promote authentic and meaningful language experiences. EAL and mainstream teachers work together to ensure that students can develop the language and understand the content of the classroom as well as participate in the classroom activities. The EAL department determines appropriate learning environments for our students so that they make continuous academic and social progress, and experience success and autonomy while developing English language proficiency.
Download our Teaching & Learning Policy below to learn more about Marymount's EAL department.


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Here at Clever Marketing our PPC management focuses on the ultimate goal – delivering the best return on investment possible to your business! We pride ourselves on being able to help businesses of all sizes deliver results through the paid search advertising channel. Whether you run a start-up or work within an SME, we have the resources, skills and experience to deliver the results you need.
Only the best SEO management & practices allow a website the opportunity to obtain high positions in search engines to begin with, not to mention stay there for the long run. While you cannot buy the right to appear in organic spots, you do have to earn it. The SEO landscape is driven by the ever-changing search engine algorithms, a plethora of indicators which determine how important and how relevant your website is for the search terms important to your business.
Due to the dynamic nature of the constantly-evolving search engine algorithms, SEO strategies are bespoke for every company. While there are a number of consistent elements which need to be adhered to, following these does not necessarily create the exact same results for every website. A number of factors will come into play – competition being one of them as you will not be the only company pursuing the same search terms!


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Eid-ul-Fitr Mubarak
Wish You All a Very Happy and Blessed Eid-ul-Fitr
Published by InfoZonePK on | Leave a response
Dear all our Readers, We wish you all a very happy and blessed Eid-ul-Fitr. The holy month of Ramadan is just at its end and you all have enjoyed Samosas, Pakoras, Fruit Chats, Dahi Balla, Rooh Afza and Doodh Soda a lot and now the happier festival of Eid-ul-Fitr is almost upon us. So we […]
Read More


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CAFIA detected pesticide chloropyrifos in another lot of apples from Poland01/05/2018
The Czech Agriculture and Food Inspection Authority (CAFIA) pays its constant attention, inter alia, to inspection of presence of foreign substances in fresh fruit and vegetables on the Czech market, namely both from Czech and foreign suppliers. Result of the analysis performed in the CAFIA accredited laboratory currently confirmed presence of pesticide chlorpyrifos exceeding the permitted limit in a lot of bulk apples of variety red Champion originating from Poland. The maximum permitted limit for presence of chlorpyrifos 0.01 milligrams per kilogram (mg/kg) was exceeded more than sevenfold, the laboratory detected value amounting to 0.075 mg/kg.
The non-compliant sample was taken at the premises of company MAKRO Cash & Carry ČR s.r.o. in Ostrava. Company Olymp Fruit s.r.o. from Trutnov was then the supplier to Makro.
CAFIA entered the information into the European Rapid Alert System (RASFF) and will initiate an administrative procedure on imposition of a fine with the inspected person. CAFIA informed on a similar case in its press release of 30th November 2017.
Article by: Pavel Kopřiva, CAFIA Spokesperson, + 420 542 426 633


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Another brilliant post by Ari Herstand titled: How 10 Musicians Make Good Livings In Today's Music Industry.
I love the profiles on each of these musicians, and the different ways they are making money. As you read through the interviews, take note of how creative and committed these business owners are!


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Instant Filtration Improves Water Quality
Ammonia Remover is a specially selected premium grade zeolite based product with a massive surface area to allow rapid adsorption of ammonia which is highly toxic to fish. This product is used ideally after a filter clean or after adding a number of new fish to the existing population. A suitably sized filter media bag is included for ease of use. Simply add the required amount of media to the filter bag, rinse under the tap and add to your filter.
Always test your water using Aquarium Lab test kits.
Find your nearest NT Labs Authorised Retailer in the UK.
Let us calculate your dosage for you!
To make the process of using our products even easier this handy dosage calculator tells you the amount you will need to put into your system. Please ensure you also read the instructions and warnings that are written on the bottle/pack label.
I know my system's measurements and want to:Calculate my volume
You'll require*
0 g
Replace after 2-3 months
* Always follow the instructions on the label. This calculator is intended to be used only as a guide to how much product you need to buy to treat your system. It does not take account of displacement caused by gravel, rocks and ornaments etc and does not include the volume of any external filtration system. NT Laboratories Ltd. will not accept any responsibility for inaccuracies or misuse of this guide.


text: Work council, personnel management and the management board of Flexicon Germany start a joint project of workplace health promotion with the IKK Classic health insurance. Employees can be excited already: There will be several fitness courses and seminars concerning health topics that will definitely be effective. Whether it is about quitting smoking, healthy nutrition or the prevention of stress – everybody can decide, which topics and trainings are going to be offered. Corresponding questionnaires are currently circulating, fresh ideas are welcome anytime. One thing is obvious: Health in the workplace, less sick days and an optimized workflow support every single person within the company and therefore the company itself. Thus our motto is: Healthy employees make a healthy business. We are looking forward to many healthy suggestions!


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So the last 2 weeks have sped by in a blur of yarn in all the colours, (oh, and the landscape, and planes of last weekends short break in the country).
Tonight I'm prepared for a quiet night in with a number of projects in various stages of completion. A comfy couch and a project for every eventuality...
Wonder which of these will get the most attention tonight?
Hope there are lots of your favourite colours in your creative space this weekend.
Friday, October 16, 2015
FNSI October
3 comments:
- nicole said...
lots of pretty projects on the go!
i finished up a milo vest this afternoon at work, and have a swatch on the go for an ace yarn i've not knitted with before from the shop.
interested to see how it knits up!
- October 16, 2015 at 7:07 PM
- mamasmercantile said...
Certainly a lot of projects on the go. The bright orange yarn certainly held my attention, such a vibrant colour.
- October 16, 2015 at 9:07 PM
- Maria said...
Have fun playing with all your projects.... Love that baby shawl...
- October 17, 2015 at 3:05 AM
Subscribe to: Post Comments (Atom)


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Nov 2, 2018
*Please visit Patreon.com/UnscriptedMC to listen to this premium episode.
Mike & Chris discuss Dana White's motivation for trading for Ben Askren, despite once calling him the most boring fighter on the planet. Plus: Interviewing owners after a championship win, Usain Bolt sucks at soccer, Steph Curry is awesome at basketball, and Kurt Warner comes from humble Iowa roots to barnstorm the NFL.


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Social Media for Business
I found a really great presentation on Slideshare. You can get some ideas on structure on how to tackle your own social media needs. Great overview with pointers to channels and tools you might want to use. The basic process in the presentation is as follows:
- Set specific business goals
- Listen to your audience. Who they are, what they want and where they go
- Choose your channels and build you home base
- Engage people by asking questions, participating in conversations, being transparent.
- Analyze and optimize, who does what where and how's that relevant to your goals
We have covered some of the free social media tools here. One thing that I would add is the need to measure real ROI in dollars. Here are two post just to get you started on that road:
Here is the presentation:
Image credit: Intersection Consulting, Mark Smiciklas
Social Media Marketing 2019, PPC on 10+ Platforms.Learn how to market via Twitter, Pinterest, Instagram, YouTube, Facebook, Google and more advertising platforms! This must-have course has a 4.5 rating out of 4,235 ratings with more than 37,000 students enrolled.
Take a look at the social media marketing course


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A lot of people lower their expectations due to fear of disappointment, yes? After all, if you don't expect much, the worst that can happen is you won't be too disillusioned when things don't turn out the way you expect them to. Conversely, the best that can happen is you'll be pleasantly surprised. However, lowered expectations can backfire both in personal and business …Continue Reading
Letting Go of Anger and Finding Forgiveness
I believe anger is one of the bitterest pills you can swallow. It's the pill that doesn't dissolve. Instead, it just sits there, potentially poisoning any and all good that comes into your life. While it's difficult, letting go of anger is vital to your happiness. Below, I'm going to tell you how to begin learning to let go and prioritizing forgiveness over all else. How to …Continue Reading
Unlocking Your True Potential Through Hidden Talents
There's a book out there called Life Was Never Meant To Be A Struggle by Stuart Wilde. The title pretty much says it all, yes? However, most people don't take this message to heart. Instead, they struggle and force themselves into jobs that not only make them unhappy, but also don't utilize their hidden talents. How Hidden Talents Can Become Your Living I agree with Stuart …Continue Reading
Fighting Unworthiness and the Feeling of 'Not Good Enough'
Of all the obstacles to creating wealth, one of the biggest is the feeling of unworthiness. Many of my students have come to me, fearing that they are not good enough for my mentorship or for success in business. What they don't realize is that this fear of unworthiness is what's holding them back from achieving greatness. Today, I'm going to teach you how to embrace your true …Continue Reading
Finding Your Passion in Life and Work
Before you can work on finding your passion in work, you first have to know your true self. One can't happen without the other. Focus on discovering your true self before anything else. The Path to Finding Your Passion and True Self Many of you know I embrace Buddhist wisdom as part of spiritual knowledge and growth. These kinds of things are choices we make for ourselves …Continue Reading
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iPhone, Cell Phone, Portable electronics Solar Charger
Posted by Norman F, March 21st, 2012
Low cost iPhone, Cell Phone, and portable electronics Solar Chargers with batteries are now available for under $40. Leave it out in the Sun to charge, then use it when you are out of power. iPod, iPhones, BlackBerry's, Kindles all eat batteries fast. Solar Panels charge and maintain 1400 mAh of battery power present in this unit. Full Solar Charging takes from 5-7 hours. Most units have USB connectors to charge various devices like the Nintendo DS game console.
Be green and use the sun's energy to power your gadgets.
Filed under: Alternative Energy, Easy, Eco Friendly, Effort, Electronics, Energy, Green, Money, Reduce, Shopping | Tags: Cell phone, iPhone, Portable Electronics, Solar Charger |


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Even if you don't know who Jeff Koons is, you probably have seen his work! He's most famous for the shiny metallic balloon dog statutes, one of which, has sold for a record-breaking $58 million dollars. The exhibit, Jeff Koons: A Retrospective, is the artist's first New York retrospective and the largest exhibit devoted to one artist the Whitney Museum has ever featured. His work is funky, fun, whimsical, and quite suggestive at times (I could not post photos of all of his work that was featured since it was very explicit!). I took a lot of photos to share with you all, click through to see them!
|Green Balloon Dog
|Bob Hope
|Michael Jackson
Jeff Koons: A Retrospective will be at the Whitney Museum until October 19th, 2014 until it moves to another city. Coinciding and complimenting his Whitney Exhibit, a large topiary version of his "Split-Rocker" horse is on display for a free viewing at the Rockefeller Center 24 hours a day 7 days a week, until September 12.


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|Rev. Dr. Clarence Baker
|Senior Pastor
|Rev. Dr. Lipton Robertson
|Asst. Pastor/Prayer Ministry
|Rev. Paul Perville
|Music Ministry
|Rev. Cleveland Thomas
|Evangelistic Ministry
|Rev. Albert Blair
|Men's Ministry
|Rev. Maureen Baker-Jones
|Discipleship Ministry
|Min. Denise Thomas
|Choir/Praise & Worship Leader
|Sis. Marvalee Waite
|Women's Ministry
|Rev. Dale Jones
|Youth Director
|Sis. Paulette Morgan
|Sunday School Superintendent
|Sis. Beverly Thomas
|Sis. Joyce Thomas


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> select price
Caribbean Grace
Fresh Arrangement
Product Description•Asiatic lilies, alstroemeria and birds of paradise are accented with red hypericum , arranged in simple square container
You might also be interested in these arrangements
When you order custom designs, they will be produced as closely as possible to the picture. Please remember that each design is custom made. No two arrangements are exactly alike and color and/or variety substitutions of flowers and containers may be necessary. Prices and availability of seasonal flowers may vary.
Our professional staff of floral designers are always eager to discuss any special design or product requests. Call us at the number above and we will be glad to assist you with a special request or a timed delivery.


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It has been two years since I have been fighting a serious diagnosis – colorectal carcinoma with metastases in the liver. This is not the topic of this story, however. I would like to share some...Read Story
TURKEY BECAME THE DESTINATION OF HOPE Student, Maria A. from Romania, who was diagnosed with ovarian cancer, finally defeated the disease after her operation in Turkey. 3rd year student at medical s...Read Story
I came to the Anadolu Medical Center from Russia, Krasnodar Territory, the city of Novorossisk. I applied because of a tumor of the upper lobe of the right lung. This tumor was found in Russia in 2008...Read Story
Amarildo's organs failed subsequent to hernia operation in Albania and he was told that his 'survival ratio was 1 percent.' The businessman who was brought to Turkey by air-ambulance...Read Story
A NEW CHIN WITH THE PATIENT'S BONE REMOVED FROM HIS LEG Vladimir S. who had a tumor inside his cheek and whom doctors said "Nothing left to do" in Russia, regained his health i...Read Story
Our patient Daniela L from Romania tells us her story of her treatment journey;Read Story
Tatyana and her mother Zoia arrived at Anadolu Medical Center in March, 2014. Tatyana Zakharova, daughter of Zoia Medvedeva tells their story that started when her mother was diagnosed with cancer in...Read Story
58 year old Yasir Ati Hanash is from Iraq and a resident of Baghdad. He smoked 40 cigarettes a day for 40 years. In 2008 Yasir Ati had a heart attack. He needed surgery however poor technologic infras...Read Story
Victor opens his bright blue eyes into world to see it more clear. His mother Tanya, stands just near-by him and tries to explain everything that he can't see. The trust that we have for ANADOLU...Read Story
Stacey and Andrew Denslyz is a young American couple. Both work for children who have learning disabilities. They love children and cordially want to have one. Unfortunately, their one and a half year...Read Story
Safiya's story began on October 2, 2014, when her family found out that their daughter had cardiac malformation. At that moment, she was 2 months and 7 days old. Her family doctor informed them...Read Story
Dr. Rana Mammadova visited Anadolu Medical Center for a check-up program, and it was the time when her breast problem was detected. Per Prof. Metin Çakmakçı's recommendation, her c...Read Story
Pavline Boeva who lives in Varna, Bulgaria, noticed a mass in her right breast after a control that she made herself but; because of her pregnancy she couldn't apply to a doctor for treatment or...Read Story
Murat Bagirokov and Tamara Bagirokova is a married couple from Adygea (Russian Federation). Their story started when Mr. Bagirokov was diagnosed with cancer in . The couple was devastated by the...Read Story
I would chose Anadolu Medical Center even for simple cases Milena Chameva had a rapidly-growing ovarian cyst which was stated to be medically untreatable. Doctors at Anadolu Medical Center, however, r...Read Story


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Welcome to the Florida Division of Training's website. Day-after-day we work hand in hand with parents, teachers, educators and neighborhood members to improve Florida's education system for students of all backgrounds and abilities. Our new web site displays this cooperative relationship and the position that so many Floridians play in guaranteeing pupil success. This is not to say no law professors produce scholarship. Some do. And, this is not to say all normative scholarship is bad. But it is to say that it is not scholarship, it is advocacy. Why do not more legislation professors do scholarship? The straightforward answer is they have no idea how. They weren't educated to be students. That isn't ok. All of them were regulation students and all of them, I hope, have been taught to be essential thinkers. Even on their exams I think they had been advised to spot the issues. This meant exploring the strengths and weaknesses of either side of the problems. I am going to make the not so wild assumption that each regulation professor did well in law school and that each one learned to be vital even of his or her personal pondering.
Tuesday I headed over to Bryant Park within the afternoon to do some reading however ended up seeing a mini-opera. That night I went to see Carol Burris problem two charter slugs at an NAACP sponsored debate on the NYC Bar Association. I had thought of going to a film as a substitute but was glad I went. Carol, as standard, was excellent. The Politico ed reporter, Eliza Shapiro who was moderating, was fairly bad and often clueless. The constitution slugs had been shameless. I want to write down this up in a separate put up.
Greater than 90% of recent academics reported that they really feel either nicely" or very well" ready within the content material of their subject subject(s), with more than fifty one% of latest teachers particularly responding very properly". Examine this to the level of preparedness claimed for pedagogy and classroom practice of the subject discipline(s) and only barely over 80% of latest lecturers declare to feel both nicely" or very properly" ready, with solely 32 (for pedagogy) and 34 % (for classroom practice) of teachers saying that they really feel very well" prepared in these two domains.
America's training woes are attributable to inconsistent teacher high quality, dangerous curricula, dangerous textbooks, and unhealthy teaching methods and ideas. They're attributable to the lack of an incentive system that rewards college students who work laborious and take difficult lessons. They're attributable to disinterested learners. They're brought on by an inability to draw and maintain America's finest and brightest within the teaching occupation. They're brought on by excessive turnover in teaching. The record goes on. Blaming the teachers merely is not going to reform America's training system when many of them are trying to do the very best they will within a severely broken system.
Positive relationships with parents are another form of social help that permits adolescents to deal with annoying life situations and thrive. PISA 2015 data show that almost all of students in all nations feel that they'll depend on their dad and mom if they've difficulties at college. But these college students who do not understand any such help from their mother and father, or don't spend time simply talking with their mother and father, are more likely to feel remoted and disengaged from school.


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Robb v. Walker, 2015 BCCA 117
Garry Douglas Robb (Respondent- plaintiff)
Christopher Michael Walker (Appellant- defendant)
The Honourable Mr. Justice Chiasson
The Honourable Mr. Justice Tysoe
The Honourable Mr. Justice Willcock
On appeal from: An order of the Supreme Court of British Columbia,
dated March 12, 2014 (Robb v. Walker, 2014 BCSC 408,
Duncan Docket S14821).
Counsel for the Appellant:
J.A. Hall
Counsel for the Respondent:
P.C.M. Freeman, Q.C.
Place and Date of Hearing:
Vancouver, British Columbia
January 16, 2015
Place and Date of Judgment:
Vancouver, British Columbia
March 18, 2015
Written Reasons by:
The Honourable Mr. Justice Willcock
Concurred in by:
The Honourable Mr. Justice Tysoe
Dissenting Reasons by:
The Honourable Mr. Justice Chiasson (page 14, para. 44)
The appellant sought to construct a sewer line across land subject to an easement. The grant was executed in 1978 by predecessors in title. The grant affords the owner of the dominant tenement a free and uninterrupted right to use, enter, pass and repass over and upon the land. The respondent, owner of the servient tenement sought a declaration that the easement does not permit the construction of a sewer line and an injunction to restrain its construction. The judge determined that the registered easement did not include the right to lay a sewer line through the easement. The appellant says the judge erred in his interpretation of the grant and failed to take into account historic and continuing use of the easement.
Held: appeal dismissed (Willcock J.A., Tysoe J.A. concurring.) It was open to the judge to conclude the easement granted a right of access only and did not permit construction of a sewer. The judge made no error of law and was cognizant of the evidence of the intentions of the grantor and the surrounding circumstances. (Chiasson J.A. dissenting.) In Sattva Capital Corp. v. Creston Moly Corp., the Supreme Court of Canada adopted the approach to contract construction which began in this Province with Hayes Forest Services Limited v. Weyerhaeuser Company Limited as explained in 269893 Alberta Ltd. v. Otter Bay Developments Ltd. Hayes and Sattva made it clear that where an appeal is limited to questions of law, it is an error not to accept the findings of fact of an arbitrator or to consider them as errors of law. It is clear that there is no such constraint on an appellate court's review of a trial court's interpretation of a contract provision. As they always have been, findings of fact are reviewable on the standard of palpable and overriding error; findings of law are reviewed on the standard of correctness. Sattva did not change this long-standing law. It does not circumscribe appellate review of contractual interpretations. Those who chose arbitration are limited to appellate review on questions of law. Those who do not, and have recourse to the court, are entitled to the full panoply of appellate review. In the present case, the judge erred in his application of the legal principles of contract interpretation, by not considering the implications of the words "use", "enter" and "pass and repass". He also erred by not considering these words in light of the surrounding circumstances at the time the easement was executed.
Reasons for Judgment of the Honourable Mr. Justice Willcock:
[1] The appellant, Christopher Walker, is the owner of waterfront property on Cowichan Bay on Vancouver Island, which is the site of a marina and a proposed development. The property is served by an easement that has provided road access and a utility corridor to the property since the 1960s, when the lot was subdivided from a larger parcel of land. From the time of its creation by subdivision, the nature and extent of the access to the waterfront lot has been a contentious issue dividing the owners of the dominant and servient tenements.
[2] Mr. Walker, the present owner of the dominant tenement, the waterfront lot on which the marina is situated, seeks to expand upon the use that is being made of the property. Before he can do so, he must make adequate provision for the sewage that may be generated by such development. He would prefer to do so by installing a sewer line along the length of the easement so as to connect the sources of sewage on his property to the Cowichan Valley Regional District's Lambourn Sewer System sewage treatment plant, approximately 400 metres southeast of the waterfront lot.
[3] The respondent, Garry Robb, the present owner of the servient tenement, says the easement may not be used for that purpose. In proceedings commenced by Notice of Civil Claim in April 2013, Mr. Robb sought a declaration that the easement does not permit Mr. Walker to place a sewer line across the easement and an injunction to restrain him from installing the line.
[4] The matter was heard before Mr. Justice Crawford in September 2013, and on March 12, 2014, for reasons indexed at 2014 BCSC 408, he granted the declaration sought by Mr. Robb.
[5] Mr. Walker seeks to have that declaration set aside and seeks a declaration that the easement agreement permits him to lay sewer lines under the road that is the subject of the easement.
[6] This is not the first occasion upon which access to this waterfront property has been before the courts. The history of the subdivision of property in question and the dispute giving rise to the easement is canvassed in colorful detail in the judgment of Mr. Justice Gould in McDonell v. Lambourn Holdings Ltd. (1977), 4 B.C.L.R. 58. The parties to that litigation were predecessors in title to the parties to this appeal. The plaintiff was the owner of the waterfront lot; the defendants were the owners of the surrounding property. Gould J. found the owner of the waterfront lot had purchased it on the strength of a representation made by the owners of the surrounding property that access would be by dedicated public road maintained by the British Columbia Department of Highways. He found the parties were sincere in the belief a road would be dedicated when the property was subdivided. As it turned out, probably because of the steep, tight turn in the road, the Department of Highways did not agree to the access road being so designated. The owner of the waterfront lot thereupon accepted that access to his lot would be assured by an easement instead of a public road.
[7] The subdivision plan was approved and deposited on February 7, 1966. Due to inadvertence, the plan was deposited without the simultaneous deposit of an easement agreement. In subsequent years no written agreement was executed. Disputes arose in the 1970s with respect to the nature and extent of the access permitted.
[8] After reviewing this history, Gould J. found, at 62:
There is no question whatsoever, and this court holds, that McDonell is entitled by implied grant to a written registrable easement agreement appurtenant to Lot 1, over the access road shown in Ex. 1, such agreement nunc pro tunc to when it should have been delivered, with Ex. 2, 26th March 1966. As to easements by implied grant see Megarry on the Law of Real Property, 3rd ed. (1966), p. 828 et seq., and Torosian v. Robertson, [1945] O.W.N. 427, [1945] 3 D.L.R. 142.
[9] The Court noted that the real dispute concerned the terms, rather than the existence of the easement, in particular, whether the business of the marina had overloaded the road. The Court found the road had not been used inappropriately and held, at 64:
As McDonell was to have a public road, or its equivalent, so far as the access road easement could be, what he is entitled to is unrestricted use of the access road.
[10] Noting that there had been some negotiations and a limited agreement between the parties, Gould J. held, at 65:
In this case the following was agreed between McDonell and Lambourn: McDonell for his marina should have unrestricted use of the access road shown in Ex. 1, which should be maintained by Lambourn. That is all the parties agreed to, and an agreement to that effect is all that this court can properly order to be prepared and duly executed. The court cannot make an agreement for the parties: it can only order the preparation and execution of the agreement the parties have already made between themselves. An agreement incorporating no significant terms other than those will be, for reasons obvious, highly unsatisfactory to both parties. Thus, I follow the lead of Mignault J. in [J. D. Creaghan v. Davidson, [1929] 3 D.L.R. 146 (Can.)], and suggest the parties draw a consent order in sensible and adequate terms. With their record over the years, that may be beyond their apparently painfully limited abilities to act intelligently. If that be so, the court may attempt such an order.
[11] With that judicial encouragement, the parties, apparently assisted by counsel, drafted and executed an easement in registerable form on March 22, 1978. The recitals to the agreement provided the agreement had been entered into because:
a) the grantor was the registered owner of the servient property;
b) the grantee was the registered owner of the dominant tenement; and
c) the grantee "has applied to the Grantor to grant an easement for access over [the easement property]" (emphasis added).
[12] The grant of easement was worded as follows:
NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration now paid by the Grantee to the Grantor (the receipt of which is hereby acknowledged) the Grantor does hereby grant unto the Grantee, his heirs, assigns and successors, the owner or owners for the time being of the dominant tenement, his agents and servants, invitees, or any other member of the public however described, a free and uninterrupted easement in common with the Grantor or persons, animals and vehicles of any kind whatsoever including trailers or other objects attached to a vehicle to use, enter, pass and repass over and uponthose portions of:
Parcel "B" (DD 21934F) and Parcel "P" (DD 718411) of Sections Four (4) and Five (5) in Range Six (6) COWICHAN DISTRICT, EXCEPT those parts of said Parcel "B" included within the boundaries of Plan 16068, 16649, 18556, 18564, 18937 and 21218 and EXCEPT that part of said Parcel "P" included within the boundaries of Plan 18556;
as outlined in red and marked on a copy of Subdivision Plan #18556 registered in the Victoria Land Registry Office attached hereto as Schedule "A".
[Emphasis added.]
[13] When the owner of the dominant tenement acquired an adjacent lot, a new dispute arose with respect to whether the easement could be used to access both lots. When that dispute could not be resolved by other means, Mr. Walker commenced proceedings by a petition served upon Mr. Robb, then the owner of the servient tenement, seeking a declaration that the easement:
… authorizes the owner … of the dominant tenement … to use, enter, pass, and re?pass over and upon the Easement area for any purpose in any way related to access to or from the dominant tenement, the foreshore immediately adjacent to such lands and the aquatic leases appurtenant to the said lands, or any premises or business located on such lands, either in whole or in part, and together with any lands consolidated with title to the dominant tenement ...
[14] That litigation was resolved by a Consent Order entered into on December 22, 2011 granting a declaration in precisely the terms sought by the petitioner, Mr. Walker. During the course of negotiations leading to the Consent Order, counsel for the petitioner asked the respondent to consider amending the easement to expressly allow for the installation of subterranean sewer lines. That proposal was rejected.
[15] In January 2013, Mr. Robb received notice that Mr. Walker had instructed contractors to connect his property to the Lambourn Sewer System by installing sewer lines under the surface of the easement. That notice resulted in the litigation from which this appeal arises.
Judgment Appealed From
[16] The judge began his analysis of the competing arguments by noting that correspondence from the owner of the servient tenement to the Department of Highways in 1965 reflected the location of water and power lines in relation to the roadway that he intended to be a public road. He noted that, while the easement is for a right of way, it has always served as a conduit for services to the marina and the adjacent lots of the original subdivision.
[17] He observed that Gould J. found that the original owners of both the dominant and servient tenements intended the dominant tenement to have the benefit of a public road, or its equivalent.
[18] He noted, further, on the jurisprudence, including Selby v. Crystal Palace Gas Company, [1862] 45 E.R. 1178, which concerned the right to install an underground gas line, an easement that affords the owner of the dominant tenement the right to use the easement as public land includes the right to lay lines under the easement.
[19] He noted the evidence that the road had, in fact, been used as a utility corridor long before Mr. Robb came to the servient tenement:
[104] … [C]lear evidence demonstrates that the right of way has been used for more than access before Mr. Robb purchased Lot 5 from Mr. Williams in 2000.
[20] However, he found the broad use contemplated by the grantor of the easement and reflected in its use over the years was not reflected in the executed document:
[117] The original grant was not of a public road but of a right of way or access in all its myriad forms. …
[21] The claim was dismissed, for reasons set out in the following passages from the judgment:
[118] Mr. Walker submitted that I rule the right of access include (in the context of all the easement's other uses) a right to lay sewer pipe within the easement. He relies on the additional wording found in the consent order "for all purposes".
[119] However, "purposes" in a right of way context refers to using the dominant tenement. And if the grant is in wide terms, it simply means that if the marina use changed to a residential use, the right of way easement would not be lost. It does not alter the nature of the easement that grants a right of way.
[120] In my opinion the right to lay service lines is a different use and consequently a different easement; it is not subsumed in a right of way that provides access for all purposes.
[121] Thus, I am obliged to conclude that the easement does not include the right to lay a sewer line to the treatment plant from the marina through the easement.
Grounds of Appeal
[22] The appellant argues the judge made the following errors:
a) interpreting the phrase "use for any purpose whatsoever" in the 2011 Consent Order refining the easement as pertaining to the use of the dominant tenement "for any purpose whatsoever" instead of the use of the easement area "for any purpose whatsoever";
b) interpreting the easement as a grant of access only;
c) interpreting the easement in such a way as to negate its original purpose to serve as a public road; and
d) interpreting the easement in such a way as to negate its use to date as a utilities corridor serving not only the dominant tenement.
The Wording of the 2011 Consent Order
[23] In my view, nothing should turn on the wording of the 2011 Consent Order. This is not an action to enforce that Order but, rather, a dispute with respect to the rights afforded to the owner of the dominant tenement by the registered instrument. We are here concerned with what Estey J. referred to in Dukart v. Surrey, [1978] 2 S.C.R. 1039, as the right or condition running with the land, and not merely a contractual right enuring the benefit only to persons who are parties thereto at its inception (or, I should add, parties to later agreements with respect to the scope or effect of the registered agreement). The argument founded upon the wording of the Consent Order was not pressed on appeal and the parties' submissions focused upon the interpretation of the March 1978 instrument.
The 1977 Judgment
[24] Nor, in my view, does anything turn upon the view expressed by Gould J. in McDonell to the effect that the parties to the sale at the time of the subdivision of the property, McDonell and Lambourn Holdings, intended to give the owner of the dominant tenement such rights as he would have had if a public road to his property had been designated. Having expressed those views, Gould J. left it to the parties to draft an easement. For reasons known only to the parties to the agreement, they did not draft an easement in terms as broad as those described by Gould J.
[25] While the judgment that caused them to enter into negotiations and, ultimately, execute an agreement certainly forms the factual matrix within which the agreement was drafted, we cannot look to the context until and unless we are permitted to do so in accordance with the principles governing interpretation of documents; and then, only to the extent permitted by those principles.
Recitals and Surrounding Circumstances
[26] Nor does much turn on the words that appear in the recitals. Clearly, recitals to an easement may be referred to for the purpose of interpreting the grant. In Dukart, Estey J. canvassed the authorities for placing reliance upon the recitals in an easement. He cited the observations of Denman C.J. in Aspdin v. Austin (1844), 5 Q.B. 671 at 683; Clute J. in Re Lorne Park (1913), 18 D.L.R. 595 at 603; and Odgers' Construction of Deeds and Statutes, (1967, 5th ed.) at 159, as authority for the proposition that where words of a recital manifest a clear intention that parties should do certain acts, the recitals may operate as formal covenants.
[27] In general, however, words in the recitals ought only to be referred to for the purposes of clarifying ambiguity. As Rothstein J. noted inSattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 at para. 57:
While the surrounding circumstances are relied upon in the interpretive process, courts cannot use them to deviate from the text such that the court effectively creates a new agreement (Glaswegian Enterprises Inc. v. B.C. Tel Mobility Cellular Inc. (1997), 101 B.C.A.C. 62).
[28] If there is ambiguity, and if reference may be made to the recitals in this case, reference must be made to the circumstances surrounding the execution of the easement. In this case, the same ambiguity that would permit the court to look to the recitals as evidence the parties referred to the easement as a means of affording access to the premises would also permit consideration of the intentions of the parties to grant to the dominant tenement all the rights entailed by designation of a public road.
Interpretation of the Grant
[29] The task of the judge was to interpret the extent of the right of way provided in the grant. Specifically, the meaning of an easement granted to "the Grantor or persons, animals and vehicles of any kind whatsoever" to "use, enter, pass and repass over and upon" the easement. As worded, the grant does not provide any right to the appellant to construct utilities underneath the land subject to the easement. Similarly, the words of the grant do not suggest that the intent and purposes of the use of the land is the same as if it were a public road.
[30] Disputes over the validity and scope of easements give rise to questions of mixed fact and law. For example, in the leading caseRe Ellenborough Park; Re Davies; Powell v. Maddison, [1956] Ch. 131, [1955] 3 All E.R. 667, the Court considered whether an easement could,factually or lawfully be of benefit to the plaintiffs. While decisions turning upon extricable legal issues are amenable to review on appeal, those turning upon factual questions are not.
[31] When interpreting an easement, the court must have regard to the plain and ordinary meaning of the words in the grant to determine what the intention of the parties was at the time the agreement was entered into. Surrounding circumstances, that is, objective evidence of the background facts at the time of the execution of the contract, are to be considered in interpreting the terms of a contract: Sattva at para. 58.
[32] The wording of the instrument creating the right of way should govern interpretation unless (1) there is an ambiguity in the wording, or (2) the surrounding circumstances demonstrate that both parties could not have intended a particular use of the easement that is authorized by the wording of the document: Granfield v. Cowichan Valley (Regional District) (1996), 16 B.C.L.R. (3d) 382 (C.A.).
[33] The first task, therefore, in construing the scope of the right of way is to give regard to the words used, and give them their ordinary meaning in the context of the instrument as a whole.
[34] Reference to vehicles, animals and persons, collectively as users of the easement, suggest that the easement is to be used for transit.
[35] The fact the easement is to be exercised "over and upon" the land suggests that the use of the easement is limited to the surface of the property, rather than below the surface.
[36] The reference to the "use" of the land suggests some activity other than mere transit over it. Simple access would be permitted by an easement that allowed the dominant owner to pass and repass upon the easement. For that reason, the judge could have read the easement as granting rights other than mere transit over the property. Further, the instrument might have been found to be sufficiently ambiguous to permit consideration of the circumstances in which the grant was executed. The trial judge might have read the instrument so broadly as to permit use of the easement consistent with its designation as public land. That would include conveyance of sewage and water and transmission of power.
[37] In my view, however, it cannot be said the judge erred by interpreting the grant as he did. The easement would only permit the installation of underground sewage lines if the word "use" in the instrument were read so broadly as to grant an easement to "use for any purpose" or "use in any manner consistent with the designation of the easement as public land". But that reading of the grant is inconsistent with the reference tospecific uses (entry, passing and repassing) and deprives those words of meaning. Interpretation may be aided by use of the ejusdem generis, or the limited class rule. Employing that rule, the judge could reasonably have considered all four words in the phrase "use, enter, pass and repassover and upon the easement" (emphasis added) to have been intended to describe the same type of activity, and read the word "use" in the instrument to mean "use for a purpose such as entry, passing and repassing".
[38] The words used in the grant are clearly meant to be repetitive and to clarify each other. It is hard to see how a right to pass over the property can be distinguished from a right to enter upon the property. It is hard to see how a right to pass over the property can be distinguished from a right to repass over the property. The apparent repetition of similar words suggests that we should consider them to be variations on the same theme, rather than considering each word as describing a different use.
[39] The appellant also argues the judge erred in interpreting the easement in such a way as to negate its use as a utilities corridor serving not only the dominant tenement. It is not suggested there was any misapprehension of the factual matrix. Nor is it suggested the judge erred in law in describing the incidents that might have flowed from designation of the easement as a public road. He was cognizant of the evidence of the intentions of the grantor and concluded that a sewer line might have been installed had a road been designated. He then concluded, however, that the easement executed and registered did not give effect to that intention.
[40] The appellant, in my view, has not identified an extricable question of law upon which to found the appeal. In the words of Rothstein J. inSattva, at para. 53, citing from King v. Operating Engineers Training Institute of Manitoba Inc., 2011 MBCA 80 at para. 21, 270 Man. R. (2d) 63, the appellant cannot point to "the application of an incorrect principle, the failure to consider a required element of a legal test, or the failure to consider a relevant factor". Nor can he identify an issue in contract law engaging substantive rules of law: the requirements for the formation of the contract, the capacity of the parties, the requirement that certain contracts be evidenced in writing, and so on. In Sattva, at para. 54, we are advised to be cautious in identifying extricable questions of law in disputes over contractual interpretation. I cannot see a principled basis upon which to distinguish cases involving interpretation of easements from those involving interpretation of contracts.
[41] In light of the deference we must pay to the trial judge's interpretation of the instrument, and in light of the fact there is no identified error in principle, I am of the view that it is not open to us to set aside the judgment below simply because we might read the easement differently.
[42] It cannot be said that the trial judge was not cognizant of the factual matrix in which the March 1978 instrument was drafted and executed. The question is whether it can be said that he erred in law or was under a misapprehension of fact when he interpreted the document.
[43] While the appellant's real complaint, in my view, is that the easement does not reflect the implied grant described by Gould J., the relief sought by the plaintiff was a declaration describing the rights arising from the registered easement. Confining the scope of my review of the judgment, in the manner described in Sattva, to determining whether there was an error in law on the part of the judge called upon to interpret the easement, and seeing none, I would dismiss the appeal.
"The Honourable Mr. Justice Willcock"
I agree:
"The Honourable Mr. Justice Tysoe"
Reasons for Judgment of the Honourable Mr. Justice Chiasson:
[44] I have had the opportunity to read a draft of the reasons for judgment of Mr. Justice Willcock. Regrettably, I am unable to agree with his analysis and conclusion.
Standard of Review
[45] In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, the Supreme Court of Canada adopted the approach to contract construction which began in this Province with Hayes Forest Services Limited v. Weyerhaeuser Company Limited, 2008 BCCA 31, as explained in 269893 Alberta Ltd. v. Otter Bay Developments Ltd., 2009 BCCA 37 [Otter Bay]. In Hayes, this Court rejected the notion that the interpretation of a contract provision is always a question of law. Sattva, like Hayes, involved an appeal from an arbitration award in circumstances where an appeal was available only on a question of law. The standard of review for contractual interpretation generally was not at issue. In my view, the general comments in Hayes and Sattva must be considered in that context.
[46] In Otter Bay, the standard of review was in issue because, relying on Hayes, the appellant took the position that the standard of review of a decision interpreting a contract provision is a palpable and overriding error. In rejecting this contention, this Court stated:
[10] Relying on paras. 41 and 44 of this Court's decision in Hayes Forest Services Ltd. v. Weyerhaeuser Co., 2008 BCCA 31, 289 D.L.R. (4th) 230, the respondents contend that this Court should not interfere with the judge's interpretation of s. 10 of the Mortgage absent palpable and overriding error because the construction of contractual provisions is a question of mixed fact and law.
[11] In my view, the respondents' position takes too narrow a view of Hayes.
[12] In Hayes, this Court referred to and quoted from a number of authorities. Several propositions emerged. They included the following: a trial judge must apply the proper principles of contract interpretation; failure to do so would be an error attracting review on a standard of correctness; determining the factual matrix of a contract is a question of fact; construction of a contractual provision becomes a question of law as soon as the true meaning of the words and the surrounding circumstances have been ascertained. This Court summarized the analysis in para. 44, stating:
[44] In my view, taken broadly, the construction of a contract often is a question of mixed fact and law. Insofar as the task narrowly is to determine the meaning of the words in the contract the matter may be a question of law as was stated in Domtar, but where the factual matrix of the contract is questioned, determining that matrix and its significance is a question of fact. Interpreting the language of the contract in the context of the factual matrix is a question of mixed fact and law.
[13] The analysis in Hayes was undertaken to examine the proposition that the construction of a contractual provision is always a question of law because under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, an appeal to the court is limited to questions of law. This Court concluded that often the construction of a contractual provision is not solely a question of law, but it can be. The determination of the factual matrix is a question of fact. This means that interpreting the meaning of a contractual provision in the context of the factual matrix is a question of mixed fact and law, but at the end of the day the court determines the legal relationship between the parties as expressed by the language of their contract.
[14] In Hayes, this Court expressed the nub of the problem which it was addressing in para. 45:
[45] The appeal judge also did not separate the question or questions of law that properly may have been before him from a consideration of the factual determinations of the arbitrator which were not properly before him.
[15] In the context of an appeal under the Commercial Arbitration Act, in the absence of legal error in the arbitrator's determination, the court must take the factual matrix as found by the arbitrator. On an appeal such as this, a trial judge's determination of the factual matrix is entitled to deference, but whether by arbitrator or court, the final determination of the meaning of a contractual provision is a question of law. This is not altered by the fact the process leading to that determination may involve questions of fact or mixed questions of fact and law. As noted, the construction of a contractual provision becomes a question of law as soon as the true meaning of the words and the surrounding circumstances have been ascertained.
[47] Hayes and Sattva made it clear that where an appeal is limited to questions of law, it is an error not to accept the findings of fact of an arbitrator or to consider them as errors of law. It is clear that there is no such constraint on an appellate court's review of a trial court's interpretation of a contract provision. As they always have been, findings of fact are reviewable on the standard of palpable and overriding error; findings of law are reviewed on the standard of correctness.
[48] In my view, Sattva did not change this long-standing law. It does not circumscribe appellate review of contractual interpretations. Those who chose arbitration are limited to appellate review on questions of law. Those who do not, and have recourse to the court, are entitled to the full panoply of appellate review. The caution in both circumstances is to respect the difference between findings of fact or mixed fact and law and determinations of law. It is an error to conflate the two. In Sattva, the Supreme Court did not emasculate the appellate rights of parties who engage trial courts to resolve disputes over the interpretation of contractual provisions.
[49] In Northwest Territories (Attorney General) v. Association des parents ayants droit de Yellowknife, 2015 NWTCA 2 at para. 20, referring toHousen v. Nikolaisen, 2002 SCC 33, the court stated, "Housen did recognize the role of the appellate courts, stating at para. 9: '… the primary role of appellate courts is to delineate and refine legal rules and ensure their universal application'". The court continued:
[21] Appeal courts obviously play a legitimate role in the administration of justice. The constitutionally enshrined principle of the "rule of law" includes the principle that private disputes will be resolved by ordinary public courts of general jurisdiction … The existence of a publicly operated dispute resolution system, with courts of universal jurisdiction, displaces the need for "self-help" remedies, and ensures that powerful entities cannot simply ignore the law. Within the public court system mandated by the rule of law, the appellate courts play a legitimate and important role. As observed in R. v. Cambridge University, ex party Bentley (1723), 1 Str. 557 at p. 564?5, 93 ER 698:
It is to the glory and happiness of our excellent constitution, that to prevent injustice no man is concluded by the first judgment; but that if he apprehends himself to be aggrieved, he has another Court to which he can resort for relief; for this purpose the law furnishes him with appeals, with writs of error and false judgment . . .
[22] … the standard of review analysis should not be seen as a competition between recognizing the legitimate role of trial courts, and recognizing the legitimate role of appeal courts. The two levels of court are equally important components of one system. It is equally important to recognize that appeal courts need deference in their role as much as first instance courts need deference in theirs. Tipping the balance too far either way effectively compresses the system into a single rank of court. Doing so undermines both the capacity of the system to give individual justice and also the capacity of the system to ensure equal justice under law to everyone.
[23] The law is ultimately an honour system in the sense that its authority depends on the integrity and credibility of the justice system, and self-discipline by each level of court in staying within its mandate. A system that effectively transfers the fact finding role of the first instance court to an appeal court could essentially reduce the first instance court to an expensive decoration. A system that effectively puts findings of fact or mixed fact and law by the first instance court beyond review has the similar potential for analogous damage to the ability of the appeal court to play its role. Appeal courts are expected to operate at a higher level of legal generality and, crucially, are to review outcomes for legality and reasonableness. If the appeal court is ineluctably confined to a structure of findings by the first instance court, there would be little or no real "review for legality" at the level of generality of appeal courts. The confidence of the enlightened public in a justice system with only one real level of judicial authority within and for each province or territory would soon wither.
[24] In addition to defining the legal rules, and ensuring their universal application, the intermediate appellate courts have an important error correcting role. It is that role that is primarily regulated by the standard of review analysis set out in Housen. But while the standard of review analysis regulates that error correcting role, it does not eliminate it. Intermediate appellate courts are created by statute. Litigants are given statutory rights of appeal to those appellate courts. The error correcting role is legally legitimate, and should not be artificially restrained. The suggestion in Sattva Capital Corp. v Creston Moly Corp., 2014 SCC 53 at para. 51 that litigants who exercise their statutory right to appeal are using courts of appeal as "a new forum for parties to continue their private litigation" is unnecessarily derogatory…
[25] As noted, appellate courts play a role in refining the legal rules and ensuring their universal application. Their error correcting role focusses, in part, on ensuring some consistency and universality in legal reasoning, analysis, and outcomes. Like cases should result in like outcomes. The result should not depend on "luck of the draw" justice, where the happenstance of the identity of the trial judge overwhelms the process. …
Deference to trial judges should not be confused with allowing the law or the outcome of particular cases to depend on the idiosyncrasies of the finder of fact. That is particularly so with appeals like this, which involve public law, constitutional interpretation, and the compulsory spending of public money. [Some citations omitted.]
I agree with these comments.
[50] At para. 55 of Sattva, the Court suggested that it will be rare to find extricable errors of law in the context of contract interpretation. As an expression of the need for caution in identifying errors of law, the comments underscore the concern that gave rise to and was addressed by this Court in Hayes. As a prediction of the likely incidence of errors of law, I share the comments of the court in Association des parents:
[21] There are valid reasons for extending deference to trial judges. The vast majority of trial decisions are never appealed. However, given the variety and complexity of issues that trial judges face, it is overly optimistic to assume that reviewable errors will be rare in those few decisions that are appealed.
The frequency with which potential errors of law are identified will be a function of the cases that come to court. There may be few or there may be many in which potential errors of law occur.
[51] In Sattva, the Court observed:
[47] … a decision-maker must read the contract as a whole, giving the words used their ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time of formation of the contract. Consideration of the surrounding circumstances recognizes that ascertaining contractual intention can be difficult when looking at words on their own, because words alone do not have an immutable or absolute meaning:
No contracts are made in a vacuum: there is always a setting in which they have to be placed. . . . In a commercial contract it is certainly right that the court should know the commercial purpose of the contract and this in turn presupposes knowledge of the genesis of the transaction, the background, the context, the market in which the parties are operating.
(Reardon Smith Line, at p. 574, per Lord Wilberforce)
[52] Consistent with this Court's comments in Otter Bay, the Court framed the important but circumscribed role played by surrounding circumstances:
[57] While the surrounding circumstances will be considered in interpreting the terms of a contract, they must never be allowed to overwhelm the words of that agreement (Hayes Forest Services, at para. 14; and Hall, at p. 30). The goal of examining such evidence is to deepen a decision-maker's understanding of the mutual and objective intentions of the parties as expressed in the words of the contract. The interpretation of a written contractual provision must always be grounded in the text and read in light of the entire contract (Hall, at pp. 15 and 30?32). While the surrounding circumstances are relied upon in the interpretive process, courts cannot use them to deviate from the text such that the court effectively creates a new agreement (Glaswegian Enterprises Inc. v. B.C. Tel Mobility Cellular Inc. (1997), 101 B.C.A.C. 62).
The Court further noted:
[58] … Whether something was or reasonably ought to have been within the common knowledge of the parties at the time of execution of the contract is a question of fact.
[53] Depending on the factual context, the inquiry into surrounding circumstances may or may not yield essential information to the process of contract interpretation. As noted by the Court in Sattva, the factual matrix within which a contract is struck engages a standard of review of palpable and overriding error. Application of the correct legal principles remains a question of law. While the factual matrix may be relevant to the determination of the meaning of contract language in some contexts, this does not supplant the requirement for trial judges to apply correct legal principles to the interpretation of contract language, such as the requirement to look to the ordinary meaning of words and to consider the specific words used as they relate more broadly to the contractual provisions. Failure to do so results in legal error.
The Merits
[54] I begin by examining the language used by the parties in the easement:
… the Grantor does hereby grant unto the Grantee … a free and uninterrupted easement in common with the Grantor or persons, animals and vehicles of any kind whatsoever … to use, enter, pass and repass over and upon [the servient tenement].
[55] In my view, three rights are granted: the right to use, the right to enter and the right to pass and repass. They are not the same.
[56] The right to pass and repass clearly is a right of access, but it does not authorize using the servient land. For example, it does not authorize stopping for a picnic or to pick berries.
[57] The right to pass and repass clearly includes the right to enter, but that right also is expressed specifically. As an independent right, the right to enter does not connote access: the ability to pass and repass from the dominant tenement to another destination. It merely allows persons, animals or vehicles to be on the servient tenement.
[58] The right to use the servient tenement clearly embraces the ability to enter and the ability to pass and repass, but those rights are expressed separately. "Use" must mean something more. It certainly adds to the right to enter, but it does nothing for the right to pass and repass. That is, it does nothing for the right of access.
[59] The easement contains the phrase "over and upon" the servient tenement land, but that phrase is part of language that is separated by commas from the words "use" and "enter" and is preceded by the words "pass and repass"; that is, "pass and repass over and upon". The phrase is necessary to give meaning to the words "pass and repass". It is not necessary to give meaning to the words "use" and "enter". Grammatically, the phrase is not applicable to those words.
[60] As a matter of law, the language of easements is to be construed broadly:
… the authorised mode or capacity of user … is as general as the physical capacity of the locus in quo at the time of the grant will admit, unless in any particular case … some limitation of user can be gathered from the surrounding circumstances" (Gaunt & Morgan, eds., Gale on Easements, 17th ed. (London, UK: Sweet & Maxwell, 2002) at 329).
As will be seen, I do not consider that the surrounding circumstances in this case impose any limitations.
[61] The fact that the easement refers to persons, animals and vehicles may connote transit, but there is no question that one of the grants in the easement is access. In my view, the plain meaning of the language of the easement shows that it is more than a right of transit access.
[62] It is appropriate to consider the surrounding circumstances at the time the easement was granted.
[63] At that time, the servient land apparently contained services: power and underground water. Can it reasonably be suggested that the parties to the easement did not intend that those services be serviced, repaired or replaced?
[64] While the specific focus of the 1977 litigation was on access – increased traffic to the marina – the legal problem was the vendor's failure to provide a public road. Mr. Justice Gould held that the purchaser should have the equivalent of a public road by way of an easement. The judge noted that the vendor was in the awkward position of having sold the dominant tenement to the purchaser "on the promise that access to it would be by public road maintained by the Department of Highways". The vendor asked the purchaser "to agree to access into [the dominant tenement] by an easement (road) instead of a public highway". The purchaser reluctantly agreed, provided that the vendor "would maintain the road". As Gould J. observed at p. 62:
This would give him at least the main advantage that he would have had from a public road, namely it would be maintained by someone other than himself. [The vendor] agreed to this. He could hardly do any less as his company had sold the property on the inducement of access by public road.
[65] Mr. Justice Gould stated at p. 64:
As [the purchaser] was to have a public road, or its equivalent, so far as the access road easement could be, what he is entitled to is unrestricted use of the access road.
and at p. 65:
In this case the following was agreed between [the vendor and the purchaser]: [the purchaser] for his marina should have unrestricted use of the access road … which should be maintained by [the vendor].
He ordered the parties to prepare an agreement to that effect. This resulted in the easement in question in this case.
[66] In the 1970s, the issue was the same as gave rise to the present litigation: concern over the expansion of the marina's business. Gould J. observed at p. 60:
There is no duty, and there never has been any, on [the purchaser] to operate the present marina - and it is still a small one - on a restricted basis.
[67] The answer in 1977 was that the purchaser was entitled to the rights he would have received had there been a public road. In my view, that still is the answer. The instrument that came into existence to reflect those rights should now be considered in light of these surrounding circumstances. While the trial judge referred to the 1977 litigation, in my view, he did not consider the underlying dispute and its resolution in the context of the language used by the parties to the easement.
[68] This also is consonant with Selby v. Crystal Palace Gas Co. (1862), 4 De G.F. & J. 246, (referenced by the trial judge) in which a covenant that the owners of conveyed lands should have full use and enjoyment of all roads "in as full, free, complete and absolute manner to all intents and purposes whatsoever, as if the same were public roads" enabled them to authorize a gas company to lay a gas main under the road.
[69] In my view, there are two extricable errors of law in the trial judge's analysis. One, he erred in failing to consider the plain and ordinary meaning of the actual contractual language contained in the easement, which granted a right to use, a right to enter and a right to pass and repass. Two, he did not pay sufficient heed to the surrounding circumstances.
[70] As noted by Willcock J.A. in his judgment, when interpreting an easement, courts must consider the plain and ordinary meaning of the grant language, to ascertain the intention of the parties (para. 31). In this case, the judge failed to do so. He did not address the word "use" or the word "enter" or the relationship of those words to the grant of the right to pass and repass. He merely concluded that the document was an easement of access. He stated:
[117] The original grant was not of a public road but of a right of way or access in all its myriad forms. No sewer existed at the time.
[71] In my view, this was an error of law. The Court in Sattva stated it would be an error of law if the arbitrator:
[64] … did not construe the Agreement as a whole because he ignored a specific and relevant provision of the Agreement. This is a question of law that would be extricable from a finding of mixed fact and law.
That is, by not considering the actual language of the granting provision in the easement, the judge did not apply the correct principles of contract interpretation.
[72] As noted previously, it is clear that the surrounding circumstances cannot be allowed to overwhelm the language of a contract. In the present case, the surrounding circumstances do not do so. They do not suggest any limitation on the grant.
[73] As a matter of legal principle, the judge was required to construe the easement language as broadly as possible, in light of the language used and the surrounding circumstances. Despite the presence of expansive language and no restrictive surrounding circumstances, he nonetheless narrowed the contents of the grant.
[74] In my view, the judge erred in his application of the legal principles of contract interpretation, by not considering the implications of the words "use", "enter" and "pass and repass". He also erred by not considering these words in light of the surrounding circumstances at the time the easement was executed.
[75] I conclude that the easement grants not merely a right of access, but also rights to enter and use the servient land. This use included services that existed at the time of the grant and the ability to maintain them. There is nothing in the easement to suggest that this use is limited to existing services. In my view, it extends to other required services, including a sewer line.
[76] I would allow this appeal and so declare.


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Row, row, row your boat - book a rowboat for a day
LUT's Green Campus now owns a rowboat. It can be booked by staff members or students for one day at a time until early October, provided that weather conditions are favorable.
The boat is located in the Skinnarila boat harbor, just outside the campus main building.
Making Saimaa accessible to staff and students
The idea for the rowboat came from Professor Kirsimarja Blomqvist from the School of Business. She came up with the development idea on a conference trip to Ireland:
I got the idea in an EAIE conference in Dublin in September 2012 when we were marketing LUT and our summer school to administrative personnel in the field of international student exchange. I also boasted about our location by Lake Saimaa. I then heard that students in a summer school program in the University of Kiel had loved the opportunity to go sailing. I immediately called the Green Campus Project Director, Professor Juha Varis and suggested that the Green Campus purchase its own boat.
During the summer, the rowboat was available to the roughly 150 international students in the LUT Summer School. According to the Summer School Coordinator Veronika Kojo, experiences of the boat were positive.
The purpose of the boat was to highlight LUT's excellent location by providing international students the possibility to row on the lake. The students took advantage of this opportunity very eagerly. Based on word-of-mouth, everyone loved the idea. I don't think many universities offer this opportunity.
The university is currently exploring possibilities to use the boat for research purposes, such as solar panel technology research. For example, student projects could involve the product development of solar panels or an electric motor.
Additional Information
Green Campus Project Manager Marko Kasurinen, tel 040 683 1488, firstname.lastname@example.com


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With my background, you wouldn't really expect me to be a Royalist and until Tony Blair dragged us into an illegal war and unleashed a Pandora's Box of terrorism I wasn't.
Then I realised just how dangerous megalomaniac politicians can be and vowed that if we were ever to be drawn into another major war I'd want someone I could trust to tell me.
Frankly I could not think of anyone but the Queen that I would believe.
I certainly wouldn't trust the word of any politician. Fool me once shame on you fool me twice… By any measuring stick, Her Maj has done a fantastic job with 66 years of unblemished service.
Given that the world's press scrutinises her every action for mistakes, misjudgements and scandal it's an amazing achievement.
So yes, if we are asked to send our sons and daughters into the killing fields again I want to hear it from directly from our Queen.
Now here's where I can help her out. Do my bit for the Royal family so to speak.
I like Will and Kate, I really do, and I appreciate their popping out heirs like ping-pong balls.
It's good to have continuity but George and Charlotte, great kids but not exactly 21st century names are they?
As I write this the odds-on favourite name for the new baby is Arthur.
Come on, that name's been around since some mermaid stuck her arm out of the water waving a magic sword.
Excalibur is ancient history.
This is the era of Jay Z, North West, Harper7, Ant and Dec (on second thoughts…just make that Dec).
You can't call your son Arthur if you want a modern monarchy.
Will likes to portray himself as a straight-up guy so let me offer him a piece of advice. Get down with the kidz innit otherwise you'll be a has-been before you pass go.
Seriously, we've had all the Arthurs, Henrys and James's we can handle.
They weren't much fun were they?
A good night out with these guys could end up with your head on a spike. Not great.
It's time for change. If you want a monarchy that embraces modern culture ditch the old traditional names and move on.
In case you're struggling here are my selection of names: Snoop Dogg: (star of Death Row Records and a jolly nice chap) Tupac: (short and sweet – which he was) E.T. (Great name if you need to reverse charges when phoning home) Blanket: (Amazing how a simple name can sound so err…unnerving) Jermajesty: (Thought you'd like this one previously used by Jermaine Jackson) If I'm too late and you have already gone for the safe option you can always slip one of the above in after the christening.
By our columnist Vic Barlow


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This nine panel comic by Ali Solomon of Wiggle Room Blog is the perfect representation of how, little by little, unclehood can transform a man who doesn't have his own kids. So many single guys out there can't begin to imagine the disgusting details required to take care of a baby. I mean, obviously diapers and poop, but also meconium, vernix, drool, spit up, baby acne, cradle cap, breastfeeding (hello, your partner probably has cracked and bleeding nipples) or formula feeding. It's a veritable minefield for any new parent to negotiate, but mothers somehow seem more prepared, when it comes time.
Little brothers, however, get indoctrinated into baby culture quickly when their big sisters start having kids of their own. Whether they want it or not.
And so, let's raise a glass to the little brothers who get dragged, kicking and screaming, into unclehood. Because while those early baby days may be filled with gross moments he wants absolutely no part of, there will come a time when that young uncle is the apple of his niece or nephew's eye. He will be the cool one, the one who is completely idolized by that kid. He is the one who exerts influence over that kid as they grow, in terms of musical taste, books introduced, classic movies shared.
And maybe, if that new baby is lucky one day, he'll spend some time teaching them some of the life lessons he's learned along the way. Because that's what great uncles do.


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We are a seaside village and we want our oceans to be clean and safe for many generations to come. We will be starting a campaign to encour- age Mumbles to go plastic-free. To show the way, MCC no longer buys single use water bottles and council- lors bring their own reusable drinks containers to meeting – we realise it's a small step but we need to start somewhere!
We will be working with businesses and schools to encourage them to reduce their usage of plastic. We will be asking cafes, bars and restaurants to consider changing from plastic to paper straws.
Already we know of one local shop that has gone plastic free wherever possible, we hope others will follow the lead.
How you can help:
● Take your own bags and pack your shopping loose as much as possible
● Stop using single use plastic drinks bottles
● Try asking for a glass or jug of water rather than a plastic bottle
● Avoid buying cotton buds with plastic stems and cosmetics and cleansers containing microbeads
Please give us more ideas on how we can spread the message.
Bottle Filling Stations
We are installing a bottle refilling station in Oystermouth Square to discourage people from throwing away their plastic drinks bottles after a single use. We will be monitoring the usage and if it is well-used, which we are confident it will be, we will look to install more. We would welcome your ideas on where you think they should be located.


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A Theoretical Framework for Incorporating Traditional Ecological Knowledge in Collaborative Ecosystem Management Strategies
Danielle V. Dolan
UC Davis
Indigenous communities hold a wealth of Traditional Ecological Knowledge (TEK), that could be valuable to modern ecosystem & natural resource management plans. However, the major disconnect between Indigenous and Western governance structures and worldviews inhibits this from occurring. Problems arise when applying Western methodology to Indigenous approaches, and Western professionals have difficulty accepting, understanding and applying Indigenous methodology. I hope to bridge the chasm between Indigenous and Western methods by uniting perspectives and creating a system equally representative of both. This can be done by developing a guiding framework for cross-cultural ecosystem management that synthesizes key properties expressed by Indigenous researchers with necessary and compatible components of Western ideology. The benefits of TEK can then be put into practice.
Sheila Watt-Cloutier: cool jurisprudence hailing in the heat
Duskin Drum
UC Davis
In 2006, i heard a speech on the radio titled "Defending the Right to be Cold." The speaker was Inuit leader, diplomat and activist SheilaWatt-Cloutier. The words catalyzed changing myself slowly to become a climate justice activist. This essay will look at how her speeches weave Inuit jurisprudence and science of dwelling through national and global representative politics. This essay shall trace Watt-Cloutier's rhetorical drift from its speech on a global political stage, back through Inuit politics and tradition, to the embodied experience of global interconnectivity through organic pollution and changed climate. i shall attend particularly to how Watt-Cloutier's speeches hailed me andInuit Qaujimajatuqagnit, an Inuit term that includes the notions science of dwelling, jurisprudence, and the ways 'tradition' is used within Inuit politics. This paper attempts to invite listeners to take on Watt-Cloutier's words by telling a story of her words taking me.
The Work of Making Home: Domestic Labor and Survivance in Lucy Young's "Out of the Past"
Kaitlin Walker
UC Davis
In this paper I use the critical concepts of testimonio, domestic labor, and survivance to unweave the narrative threads of Lucy Young/T'tctsa's 1941 "Out of the Past," her autobiographical story about genocide against the Wailaki people in 1850's California. She testifies to the violence of settler-colonial spatial production by describing her enslavement and the murder of her family members. To recognize her urgent interventions in dominant historical narratives, I read this autobiography as atestimonio. However, her narrative intervenes in history by focusing on survival rather than on violence. She describes in detail escaping from forts, reservations, and domestic slavery, and how she uses resource gathering, intimacy with the land, and community to maintain the spaces she escapes to as Wailaki home-places. I call this continual work of producing and maintaining home-places domestic labor, arguing that Young's domestic labor enables Wailaki survivance in Northern California. More than bare survival, Gerald Vizenor defines survivance as inheriting and participating in an ongoing story. For Lisa Brooks and Mishuana Goeman, stories are maps that engage directly with Native land rights and spatial production. Young structures her story around survivance by focusing on how, in the 1850s and 1930s, she actively produces Northern California as Native space.


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Pedaling and Paddling in a Swiss Blizzard
SUP in the middle of winter isn't for every paddler. And SUP in the middle of a snowstorm…really, is that for any paddler?
Thomas Oschwald isn't just any paddler. He's a die-hard dedicated to paddling no matter the fury of the flurry. Here we find Oschwald in a scenic and snow shrouded sanctuary we assume must be somewhere in his homeland of Switzerland. He bikes through the snow with an inflatable on his back until reaching a pristine lake, at which point a storm fills in and the snow begins to fall. Not one to be discouraged by a little pow, Oschwald takes a long and leisurely SUP through this winter wonderland.
Let this serve as a reminder that A) with the right attire and safety gear, winter can be among the most spectacular seasons for SUP, and B) whining isn't warranted…your local paddling spot could be a whole lot colder. After all, you don't see Oschwald complaining, do you?
Another snowy SUP adventure in Europe.
Check out snow surfing on Lake Superior.


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The layout is going to document our hotell in Mallorca, so I opened up a few images in PSE and started figuring out how I wanted them placed. After placing them out on a blank letter sized canvas, I decided that in order to make the layout a little more dynamic I needed to add A) at least one circle element and B) a photo with people in it. I picked a photo of the kids outside the lobby and used the cookie cutter tool to crop it into a 1,8" circle. My plan was to punch it out using my 2" circle punch, and I wanted the photo to have a white frame. I also added some journaling in the same spot as the pin.
I printed two separate images. One with the photos hidden, on cardstock. And one with the journaling hidden, on photo paper. If you look closely you will also see a few unfortunate orange paint splatters that my daughter made by accident. She was sitting across the table making puppets from toilet paper rolls. One of them was a fox, thus the orange paint.
And here is my finished layout. All the pieces assembled and title and embellishments added.
All materials, except the flair, is from Studio Calico kits. The flair is designed by Brandi Kincaid and more of her designs can be found here! Brandi also has her own Etsy shop where you can buy digital items but also make custom orders!