text:
Days before AAP forms govt, Cong debates: did we do right thing?
Top Stories
- In Dadri, BJP's Sangeet Som accuses UP govt of framing innocent men for lynching incident
- Sheena Bora murder case: Indrani Mukerjea regains consciousness, out of danger, says doctor
- Shashank Manohar unanimously elected as new BCCI president
- Non-declarants of foreign assets to be tried under black money law: FM
- Bihar polls: 130 candidates with serious criminal charges to contest in first phase
Days before Aam Aadmi Party (AAP) leader Arvind Kejriwal is scheduled to take oath as Chief Minister of Delhi, AICC general secretary Janardan Dwivedi expressed unease about the party's decision to extend outside support to the AAP government, saying the Congress should not have got involved in the government formation exercise. However, he asserted that since the decision to support the AAP has already been taken, "there is no going back".
"But it should be clear that outside support is never unconditional. It is always issue-based," Dwivedi told The Indian Express. His remarks came amid protests by Congress workers against the party's decision. The Delhi Congress unit, which is said to be upset about AAP continuing to attack the party, is likely to write to Kejriwal demanding restraint and specifying the broad parameters for its support.
"There is an opinion in the party that the decision to support the AAP was probably not correct. They say that Delhi voters have not given even enough support to the Congress to claim the post of the Leader of Opposition. It would have been appropriate for us to leave it to others to form the government and we should have played the role of a constructive opposition party. We didn't have to play a role in forming the government. Having said that, now that we have extended our support, there is no going back," said Dwivedi.
The Congress was quick to announce its support to the AAP, with party strategists concluding that a repoll would benefit either the AAP or BJP. The party's eight MLAs were also not willing to seek a repoll, as they were apprehensive that the Muslims who had stayed with the Congress would shift to the AAP that has emerged as an alternative to the BJP.
As per the Congress's assessment, the AAP government will soon lose its credibility as it will not be able to deliver on its manifesto promises within the given time frame. This would give the Congress an opportunity to pull the plug in the next four-five months.
... contd.


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Royalty Free Music Unique To Your Project - Every Time
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The following tracks match: Caribbean, Ethereal
Christmas VacationThis positive uptempo Reggae track can work well for cool vacation footage or any tropical themed project.https://www.smartsound.com/strata/images/STRATDF_200.jpgSingle62201-ST$ 39.9562201-EX$ 69.9562201-W$ 149.95Genre: Themes, World, Reggae, Dub, Caribbean, Tropical Keywords: Atmospheric, Ethereal, Lazy, Relaxed, Slick, Mellow, Quiet, Island Instrument: Instrumental Production Types: Indie Film, Background
Christmas Vacation from the album Dub Factor
Dub Till DawnThis smooth reggae-fused track features longing vocals and sparse guitar and bass. Good for night scenes.https://www.smartsound.com/producer/images/ps09-210px.jpgSingle30902-ST$ 39.9530902-EX$ 69.9530902-W$ 149.95Genre: Funky, Reggae, Dub, Caribbean, Electronic Keywords: Atmospheric, Ethereal, Pulsating, Slick, Mellow Instrument: Electronic, Instrumental Production Types: Background
Dub Till Dawn from the album Eurobeat / Club / Electronica (PS09)
The following tracks match: Caribbean
DreaminSmooth and easy this Reggae feel provides a pleasant background for a variety of subjects.https://www.smartsound.com/strata/images/STRATDF_200.jpgSingle62203-ST$ 39.9562203-EX$ 69.9562203-W$ 149.95Genre: Themes, World, Reggae, Dub, Caribbean, Tropical Production Types: Indie Film, Background Keywords: Cool, Calm, Relaxed, Mellow, Quiet, Soft, Island Instrument: Instrumental
Dreamin from the album Dub Factor
Dub ReasonSlick, sparse, and made for the night, this Reggae Dub cut can set the right atmosphere for your nightlife footage.https://www.smartsound.com/strata/images/STRATDF_200.jpgSingle62204-ST$ 39.9562204-EX$ 69.9562204-W$ 149.95Genre: World, Reggae, Minimal, Dub, Caribbean, Trip Hop, Tropical Production Types: Indie Film, Background Keywords: Atmospheric, Hypnotic, Slick, Sparse, Island Instrument: Electronic, Instrumental
Dub Reason from the album Dub Factor
Killa MastaA classic Reggae groove with hip trumpet phrases taking the lead.https://www.smartsound.com/strata/images/STRATDF_200.jpgSingle62206-ST$ 39.9562206-EX$ 69.9562206-W$ 149.95Genre: Themes, Jazz, World, Reggae, Dub, Caribbean Production Types: Indie Film, Background Keywords: Atmospheric, Slick, Quirky Instrument: Jazz Combo, Trumpet, Instrumental
Killa Masta from the album Dub Factor
One Hour PhonoA slick, late-night dub selection.Smooth reggae, moving but relaxed.https://www.smartsound.com/strata/images/STRATDF_200.jpgSingle62207-ST$ 39.9562207-EX$ 69.9562207-W$ 149.95Genre: World, Reggae, Downtempo, Dub, Caribbean, Ragga Production Types: Indie Film, Background Keywords: Cool, Atmospheric, Slick, Soothing, Mellow, Soft Instrument: Instrumental
One Hour Phono from the album Dub Factor
Island ShakeThis friendly island track will get the party going. Features steel drums and horn section.https://www.smartsound.com/strata/images/strataBW_200.jpgSingle57703-ST$ 39.9557703-EX$ 69.9557703-W$ 149.95Genre: Themes, World, Caribbean Production Types: Cooking, Travel, Home Videos Keywords: Happy, Uplifting, Carefree, Cheerful, Lively, Fun, Festive, Upbeat, Island Instrument: Ethnic Ensemble, Steel Drums, Instrumental
Island Shake from the album Blue Waters
Mary AnnThis tropical track can put a happy face on most any project. Playful pennywhistle and steel drums lead the way.https://www.smartsound.com/strata/images/strataBW_200.jpgSingle57705-ST$ 39.9557705-EX$ 69.9557705-W$ 149.95Genre: Traditional, Themes, World, Caribbean, Tropical Production Types: Travel, Home Videos Keywords: Happy, Carefree, Cheerful, Leisurely, Refreshing, Relaxed, Fun, Upbeat Instrument: Ethnic Ensemble, Pennywhistle, Steel Drums, Instrumental
Mary Ann from the album Blue Waters
My Donkey Wants WaterAn old traditional Calypso number, complete with steel drums and playful clarinet lead.https://www.smartsound.com/strata/images/strataBW_200.jpgSingle57707-ST$ 39.9557707-EX$ 69.9557707-W$ 149.95Genre: Traditional, Themes, World, Caribbean, Tropical Production Types: Travel, Comedy, Home Videos Keywords: Happy, Cheerful, Perky, Refreshing, Whimsical, Fun, Festive, Upbeat, Island Instrument: Ethnic Ensemble, Instrumental
My Donkey Wants Water from the album Blue Waters
Waterside StrollA happy Calypso number featuring soprano sax. Ideal for light-hearted scenes, or your next tropical vacation.https://www.smartsound.com/strata/images/strataBW_200.jpgSingle57710-ST$ 39.9557710-EX$ 69.9557710-W$ 149.95Genre: Themes, World, Caribbean, Tropical Production Types: Cooking, Travel, Home Videos Keywords: Happy, Carefree, Cheerful, Fresh, Refreshing, Fun, Mellow, Festive, Upbeat, Island Instrument: Ethnic Ensemble, Saxophone, Instrumental
Waterside Stroll from the album Blue Waters
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Fresh Air
Fresh Air with Terry Gross is weekday magazine of contemporary arts and issues with intimate conversations and unusual insights.
Recent Episodes
Son Of A Secret Smuggler Digs Up The Truth About His Dad
Tony Dokoupil's father was once busted for distributing enough marijuana "to roll a joint for every college-age person in America." In The Last Pirate, Dokoupil reflects on his dad's time as a dealer.
The Sounds, Space And Spirit Of 'Selma': A Director's Take
Ava DuVernay's new film dramatizes a turning point in civil rights history. She says she wanted to "elevate [Selma] from a page in your history book and really just get it ... into your DNA."
At The Peak Of Her Powers: Barbara Lynn's 'Complete Atlantic Recordings'
Fresh Air rock historian Ed Ward has a look in to a vital part of Lynn's career.
'America's Bitter Pill' Makes Case For Why Health Care Law 'Won't Work'
Journalist Steven Brill's latest book critiques the Affordable Care Act, which he calls "unsustainable." In the next few years, "something is going to snap," he says. "We cannot pay for this."
Matt LeBlanc Has Quietly Made 'Episodes' A Must-See Comedy
The show, in its fourth season, was created by David Crane, who worked with LeBlanc on Friends. TV critic David Bianculli says its brand of satire is particularly timely and laugh-out-loud funny.
Did Editorials Influence Obama's Decision To Normalize Relations With Cuba?
The New York Times' Ernesto Londono wrote editorials urging Obama to end the embargo. He tells of the changes he saw when he visited Cuba last month and how he sees the new relationship evolving.


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horse.com > Stable Supplies > Trailering > Item # E001620
promotional discount applied. Cart total will reflect savings.
Buy 2 or more, each at $34.03 Buy 3 or more, each at $33.29 Buy 6 or more, each at $32.55
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When we choose to sell these items for less, we display the sale price only in the cart. To see the price, click Add to Cart.
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OK Vancouver OK
"What's My Memory For?"
Set to appear in the middle of the album's ten tracks, "What's My Memory For?" is built on yelping vocals, a driving drum stomp and thick layers of guitar and synth atmosphere. The result sounds way more like a sprawling, epic anthem than a two-minute pop song.
Have a listen to the whole thing below and if you like what you hear you can preorder the album here.
Coming back soon! If our developer were more machine than man they'd already be here. Useless meatsack.
For now, please send any and all feedback to [email protected].
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text:
December 27, 2013: End Times
The Spawn of Cthulhu has risen. That's it, folks, game over. Get ready to be devoured by unknowable creatures.
-- Brian Engard
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VillaArcade 6 BR Villa with Pool
from £132 /night help Price for guests, Nights
from £132 /night help Price for guests, Nights
Estimated nightly price based on a weekly stay. Excludes fees (if applicable). Enter your dates to see the total cost.
Villa / 5 bedrooms / sleeps 12 Home 1306679
Availability Your dates are available
Villa / 5 bedrooms / sleeps 12
|Key Info
Hikkaduwa holidays – One of the liveliest of the south coast holdays in Sri LankaHikkaduwa is located approx 100km south of the countrys capital, Colombo. The area is well-known for its coral sanctuary and the proximity of wonderful scuba diving sites to explore. With its unique beach culture, Hikkaduwa has long been the most popular diving and surfing area in Sri Lanka. In the centre of Hikkaduwa, a lagoon also creates a beautiful and safe snorkelling area. Further south, where the currents are stronger, surfing is the dominant water activity. The impressive coral reef runs just offshore and is populated by exotic fish and sea turtles that come ashore on this beach to lay their eggs.HouseThis holiday house is located in a quite neighborhood and heart of Hikkaduwa. Approx diatance is 500m main beach / tourist area and has a private garden for relaxing. This is a fully furnished large guest house which can be recommended for families and group of friends.Ground Floor:Massive veranda, Massive sitting hall, dining area, TV Room, Four bath rooms attached to 4 air conditioned bed rooms and fully equipped kitchen.1st Floor Two AC bedrooms, one attached bathroom for both rooms. Both bedrooms has balconies.Facilities:This is a fully furnished house which has 6 Air conditioned bed rooms. Free 24/7 WiFi internet connection, Satellite TV channels. A personalized, secured and friendly guest service will be provided from arrival to departure through our qualified and experienced representative 'Chat'. Things to Do while you are in Hikkaduwa Beach : Hikkaduwa beach is a heaven for sun-seekers and is one of the most popular in Sri Lanka, with its idyllic white sands and swaying palms, lively beach bars and colourful coral reefs. Surfing : The resort is a major surfing centre, and attracts many to its shores, thanks to the reliable surf seen here, especially during the main season from November to April. Diving : The waters around Hikkaduwa offer exceptional conditions for diving and snorkelling, and boast a stunning coral reef close to the shore and an excellent range of subtropical fish. There are PADI centres here, and divers can head out to explore the reef and the famous shipwrecks located off the coast. Water Sports : As well as diving and surfing, Hikkaduwa and the neighboring beach at Bentota to offer banana boat rides, windsurfing, jet-skiing, wakeboarding and waterskiing. Boat Trips : Glass-bottomed boats run up and down the coastline, and offer great views of the coral reef here, whilst deep-sea fishing is are also available, as are whale-watching trips. Inland, there are boat trips through the mangrove forests available. Bikes & Scooter Rides : Many shops in Hikkaduwa has facilities for bike and scooter rental - a great way to get out and see the area and its surroundings. More adventurous visitors can head out to explore the nearby forests and the thick jungle terrain, full of local flora and fauna. Ayurvedic Treatments : A holiday in Hikkaduwa offers a range of ayurvedic services, including massages, herbal baths and facials, and the various health spas, centres and hotels can create tailor-made treatment plans for visitors. Trips & Excursions: Trips to take include the Galagoda Temple, with its stunning hilltop views, and the local Hikkaduwa Lake, home to a range of interesting birdlife and a fresh-water fishing site. The UNESCO World Heritage Site of Galle is an interesting trip, with its 17th century Dutch FORT and Intl cricket ground, as is the Kosgoda Turtle Conservation Project, the Yala National Park and the Kottowa Rainforest.
|Sleeps up to 12, 5 bedrooms
|Check in time:
|Check out time:
|Will consider
|Long term lets (over 1 month)
|Family friendly
|Great for children of all ages
|Some pets are welcome - please contact the owner, Yes, smoking allowed
Features and Facilities
|Internet access, DVD player
|Private outdoor pool (unheated)
|Air conditioning, TV, Video player, CD player, Satellite TV, Wi-Fi available
|Kettle, Toaster
|Cooker, Microwave, Fridge, Washing machine
|5 bedrooms, 5 bathrooms of which 1 Family bathrooms and 4 En suites
|King Beds (1), Double beds (5), Dining seats for 10, Lounge seats for 12
|Linen provided, Towels provided
|Private outdoor pool (unheated), Private garden, BBQ
|Secure parking, Suitable for people with restricted mobility, Not suitable for wheelchair users
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This holiday home hasn't got any reviews yet. The average rating on Holiday Lettings is four out of five. This place could be newly added or perhaps it's a well kept secret. Either way, it's time to reveal all.
This advert is created and maintained by the advertiser; we can only publish adverts in good faith as we don't own, manage or inspect any of the properties. We advise you to familiarise yourself with our terms of use.
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- 4 Years listed
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Calendar last updated:05 Oct 2015
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This apartment is currently off the market. Go to the building page to see availabilities.
Home › 620 Manida Avenue › 1C
620 Manida Avenue › 1C
$900Studio, 1 Bath
Available immediately
One Year, Market Rate Lease
620 Manida Avenue
Bronx, NY 10474
Cross streets:
Randall Avenue, Spofford Avenue
Hunts Point
Bronx, NY 10474
Cross streets:
Randall Avenue, Spofford Avenue
Hunts Point
Leasing Office
Apartment Features
- Heat and Hot Water Included
Building Features & Amenities
- Units: 9
- Low-rise (1-6 Floors)
- Built 1920
- Rental Property
Pet policy: No Pets Allowed
Neighborhood / Parking / Transportation
Transportation-D,4,6 Trains, #55 & 5 Bus. Schools-Elementary School 48, Banana Kelly High School, Bx. Charter School for the Arts. Houses of Worship-Hunts Point Synangogue, Shri Vishnu Mandir, Bronx Muslim Center. Restautants-Manida Food Chinese Fried Chicken, Randall Restaurant, Fratelli"s Pizza Cafe. laundry-Green Parrot, Wessal Happy Laundromat, Miron & Sons.
- Commuter Bus Nearby
- Commuter Train Nearby
Walking Distance to:
- Laundromat
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Owner / Manager / Leasing Information for 620 Manida Avenue › 1C
For more information on this listing, contact:
Property Management:
Jerome Associates


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New, Transfer, and Commuter Students: Joining the Nyack Campus Community
The Office of Student Development will lay out the welcome mat for new, transfer, and commuter students at the Rockland County campus of Nyack College. New and transfer students should check into their dorms at 9:00 a.m. on Monday, January 17. Commuter students will join the residential students at the 1:00 p.m. session.
Christopher Smith (pictured above), newly appointed Coordinator of Student Activities, announced that a full afternoon of activities is planned.
"Life at Nyack" will be presented from 1:00 p.m. until 2:30 p.m. in the Hudson Room (next to the cafeteria) in Boon Campus Center.
Students will enjoy lunch at the Palisades Center Mall in West Nyack from 2:45 p.m. to 4:00 p.m.
"Navigating Your Way Through Nyack College" is a session that will offer multiple campus tours from 4:30 p.m until 5:30 p.m.
On Tuesday, January 18, a special hour (8:00 a.m. - 9:00 a.m.) has been designated for new, transfer, and commuter students to check in at the Financial Aid Office in Shuman Hall. From 9:00 a.m. until noon, students can settle in and pick up ID cards in the Student Development Office, buy textbooks, and register cars.
For more information, phone Chris Smith at 845.675.4788 or contact him by email at email@example.com.
Recent Posts
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- MA in Mental Health Counseling Online Approved by NYS Education Department
- School of Music Reunion with Dr. John McArthur
- OCT 17: Fall Fishing
- October 17: Homecoming Block Party!
- Woman: A Rite of Passage Initiation Ceremony Held
- Dr. Mark Nanos Welcomed to Nyack NYC for AJCO Colloquia Series
- Peter Irvine, 2015 School of Business and Leadership Keynote Speaker Coming October 13
- A HOMECOMING HIT! The Running Warrior 3K Walk & 5K Road Race
- Nyack on U.S. News & World Report 2016 Best Colleges Diversity List
- NYC Campus Library Gets a New Name
- The Names by Billy Collins
- ATS Alumnus/Author Dimas Salaberrios, a Fox & Friends Guest
- Homecoming 2015: Nyack Alumni, Prepare to Dine!
- The Loss of AGSC Colleague, Dr. James Chin
- Forum on Restorative Justice Features Nyack Professor
- Math Prof Conducts Research at Seoul International Christian Academy in Korea
- Inspiration for a New Academic Year at Nyack/ATS
- School of Music: Trading Textbooks for iPads
- Peter Rohdin: Responding to God's Call
- Women Warrior Teams Honored for Sportsmanship...the Ninth Straight Year
- Nyack/ATS Loses a Dear Friend
- Nyack College Represented in Journal News STEM Education Feature
- RELEASE: iSucceed at Nyack College
- TBN Segment With Nyack Students Airs on Homelessness in NYC
- Browse Blog Archive>>
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Here to help 9 tour guides and 4 locals
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- Alaska, United States
Moose Mountain (elev. 1985 ft.) is a small peak located approximately 10 km northwest of Fairbanks, Alaska. The area is perhaps best known as the home to the Moose Mountain Ski Resort, a small ski area which uses buses to transport skiers to the summit. The ski area has runs for varying levels of skier ability and covers 1250 vertical feet.
North Pole Nearby Places To Visit
Travel Deals Around Moose Mountain
5 hours 30 minutes
11 hours
4-Nights (approx.)
Book a room
Love ski resorts? Check these out;
- Girdwood
- Hilltop Ski Area
- Mt Eyak
- Alpenglow at Arctic Valley
- Alpenglow at Artic Valley
- Alyeska Resort
- Eaglecrest Ski Area
- Skiland
Ski Resorts in Alaska
Category:Ski Resorts near North PoleHelpful Links:North Pole Overview References: 290151


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Stopped listening to the #1 assests, the customer. Took thier eye off the ball and stopped being innovative. Lost all the good people assets too.
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Reporting a Birth Abroad
Important Notice: To more efficiently serve U.S. Citizens, we have changed our appointment process and now require first-time passport and Consular Report of Birth applicants to submit copies of their application to our office before they will be granted an appointment. This change is effective April 21, 2015 and also applies to U.S. citizens seeking emergency passports.
All applications for Reports of Birth Abroad and first-time passports require an appointment. New passports take approximately three weeks to arrive in our office. You should apply at least one month in advance of any planned travel to allow time for your new passport to arrive. Please be aware that all U.S. citizens must be in possession of a valid U.S. passport to enter and exit the United States.
Children born abroad to U.S. citizen parents may have a claim to U.S. citizenship. If the parents meet the legal requirements to transmit citizenship to their child, the Consular Section will issue a Consular Report of Birth Abroad. The parents may also obtain a U.S. passport and social security number for the child. For details on the requirements for transmitting citizenship, please click here. Please note that at least one parent must have been a U.S. citizen at the time of your child's birth in order to pass citizenship to your child.
We strongly recommend that you report the birth of your child as soon as possible after birth. It is not possible to issue a Consular Report of Birth Abroad for a child who is over the age of 18, but the child may still be documented as a U.S. citizen and issued a passport.
Applying for a Consular Report of Birth Abroad takes time. You should expect to spend between one to two hours at the Consular Section.
Steps to Applying for a Consular Report of Birth Abroad in Jerusalem
Applying for a Consular Report of Birth Abroad and first-time passport at the Consulate General in Jerusalem includes three steps:
- Document Submission: Email your completed application form and preferred appointment day and time to the Consulate General.
- Review: Once we have reviewed your application, we will email you your appointment day and time.
- Appointment: Come to the Consulate General at the appointed day and time with all of your application forms and required original documents, as well as any additional documents requested by consular staff. Please read our security requirements closely. You will be required to leave your baby carriage at our security checkpoint.
In addition, please take note of the following important points:
- While applying for the Consular Report of Birth Abroad, you may also apply for a passport and Social Security number for your child. For details on the requirements for a passport application, please click here. To apply for a Social Security number for your child, you must complete this form (PDF 238 KB) and bring it with you to your appointment.
- Only one U.S. citizen parent needs to come to the Consular Section to apply for a Consular Report of Birth. However, if you are also applying for a passport for your child, the child must be present and both parents must either appear or provide notarized consent for the passport's issuance. For further information, please visit this page.
To submit your application materials for review and receive an appointment for a Consular Report of Birth Abroad,


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Travel Blogs from Málaga
... which is sad. Driving into Malaga the navigator got lost, again. But we made it in the end to a very standard hotel without any character or atmosphere, we were both disappointed. Don't get me wrong, it is nice, pool, robe slippers etc., but we have been staying in some amazing places and a normal hotel is a bit......blah. We went for a walk to the beach, honestly don't bother ...
Four countries and a blog!
... it's good school…it'll do" - we are saying "this all happened for a reason so that we could find this incredible perfect fit of a school!"
In the end…the trip was just everything we could ever hope for and more.
Sure it wasn't all roses…. The travel there was a bit rough - delayed plane, long lines, unexpected airport repacking of our bags (nothing like pulling out panties and bras on the floor of the airport) as ...
Meandering in Málaga
... tapas' (some version of it) from a sports bar. I would never recommend doing this unless you're totally desperate for food, and that was the case here.
After exploring the cozy, compact city of Málaga for a couple of days, it was time for a change of scenery. I knew from the start that I wanted to catch a coach bus to another city on the third and final day. It was a clear-cut decision to stick with the plan and go to Granada (to be continued…).
Working away
... frame wood) out in the porch last night, the pesticide soaked brush balanced across the top. Today we heard a shuffling in the giant rosemary bush. A small black lab / collie pup lay panting in the flowerbed...and the brush had gone. A deductive half hour later and we had found the brush, slightly chewed and ruffled. It's the night time goat debarcle all over again....only this time we have a clear culprit as well as ...
A load of bull......
... 1988, the Roads Ministry ordered that they be removed as part of a nationwide crackdown on advertising on or near roads. Well, here Osborne was smart. He removed the words "Osborne - Sherry & Brandy" emblazoned across the creature's flanks and painted it all black. He knew the logo no longer needed the words.....everyone knew it was Osborne's.
Well, the Osborne bull was so popular that it became the unofficial national ...


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Sampdoria's sporting director has confirmed the club are hoping to agree personal terms with Walter Samuel as soon as possible.
It was reported earlier today that the veteran defender would meet with Blucerchiati officials in Milan for talks over a move to the Genoa side.
It was even said that the 36-year-old could complete his transfer to the Luigi Ferraris before the end of the day, something that Carlo Osti has confirmed.
"We are talking to Walter Samuel right at this moment and we want to close the deal as soon as possible," he told GenoaSamp.
"You will definitely know something within a few hours."
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Court requires opt-in from foreigners in class action
Plaintiffs' lawyers pursuing a class action for a global price-fixing conspiracy will have to get formal opt-in from class members abroad, if yesterday's jurisdictional decision stands in Airia Brands v. Air Canada.
|Charles Wright says he disagrees with the court's analysis on jurisdiction.
Despite a possibly "real and substantial" connection to Canada — the test established in the Supreme Court of Canada's Club Resorts Ltd. v. Van Breda decision — defence counsel successfully argued that Ontario's courts had no jurisdiction to include in the proceeding foreign class members who had not specifically opted in, defined as "absent foreign claimants."
Armed with reams of expert opinions, lawyers for the airlines convinced Leitch that foreign courts in many of the 100-plus countries from which plaintiff class members derived would not respect the Van Breda test giving Canadian courts jurisdiction.
As a result, nothing would prevent a class member in one of those other countries from re-litigating the matter and subjecting the defendants to double jeopardy.
As the decision states: "I am satisfied that jurisdiction over class members can only be established if they are present in Ontario or have consented in some way to the jurisdiction of this court. I therefore, find that this court does not have jurisdiction simpliciter over absent foreign claimants."
It's a decision that stands in sharp contrast to Van Breda, where Canadian courts were able to claim jurisdiction, for a case involving injuries on a Cuban resort, based on a test establishing "real and substantial connection" to Canada.
Charles Wright, the Siskinds LLP lawyer who launched the class action in Canada, says he disagrees with the court's analysis on jurisdiction, which finds that the plaintiffs connection to Canada is not strong enough to account for the possibility of double recovery.
Wright says that the decision essentially shuts the door to the most likely avenue for justice for foreign claimants on the off chance they might pursue an alternative, and highly unlikely, avenue for justice.
"We believe our courts in Canada follow the rules of law and provide justice," he says, "and if other courts abroad, some other day, choose to find that that's not so and won't respect the judgment, that's really a decision for them to make and that doesn't impact on whether this court properly takes jurisdiction."
Wright says the decision on jurisdiction will most likely be appealed. Even if it's upheld, though, it will not prevent plaintiffs' lawyers from sending out notices to potential foreign claimants to get formal opt-in from them.
Jurisdictional issues aside, Wright suggests the defendants' real strategy — one that has proven successful so far — is to drag the case on and make it more difficult for class members to participate, in the hopes of reducing liability for their clients.
"Our argument was that this was a fairly clear effort to avoid liability to these people. It wasn't really about the potential for double jeopardy or that they shouldn't have to face a multiplicity of lawsuits. It was about the desire to not have to compensate some people at all.
"The defendants hope is that maybe people won't see or understand the notice and won't respond to it, and therefore won't opt in," says Wright. "So the real hope is — which is what we argued and what we will argue on appeal — is that they will avoid any liability to those people."
Ultimately, however, Wright says the court's decision on jurisdiction may backfire on the defendants:.
"If, in fact, the result of this decision is a notice that goes out that causes people to see them in 20 different jurisdictions, and they have to obtain counsel in all of those places and defend themselves, it's not actually a good result for them."
No 'do-overs' in default judgment case
When bringing a motion to set aside default judgment defendants better have good evidence and respond quickly, according to a recent Ontario Superior Court decision.
In Marina Bay Sands Pte, Ltd. v. Jian Tu aka Tu Jian, Justice Sean Dunphy wrote on Aug. 7:
The Superior Court is not a sandbox playground where 'do-overs' can be expected on demand. The stakes are high and this is no time to keep powder dry. If there is any reason the judgment ought not to stand, any and all reasons must be diligently and properly placed before the court."
In the Marina Bay case, the defendant, Jian Tu, created a claim to set aside default judgment on what Dunphy called "two slender straws" — a procedural argument based on the exclusive jurisdiction clause in the underlying contract in favour of Singapore laws and courts, and a "bald, second-hand assertion" of failure to receive the statement of claim by means of the substituted service authorized by an order of the court.
Tu brought a motion to set aside the default judgment dated June 28, 2014, and to strike the statement of claim or for leave to file a statement of defence.
Marina Bay, a Singapore hotel, issued the statement of claim on Feb. 18, 2014, for amounts owing under a credit agreement between it and the defendant. The amount claimed was the Canadian dollar equivalent of SGD $9,940,683, plus prejudgment interest arising from advances made in February 2013 that the defendant had failed to repay.
The debts arose from markers given to support gambling at the plaintiff's casino. A credit history obtained by the plaintiff showed Marina Bay was not the only casino the defendant has obtained credit from — there was a list of other casinos in Ontario and abroad.
Marina Bay had difficulty serving the statement of claim. Three unsuccessful attempts at service were made between March 6 and March 15, 2014, at an address in Markham, Ont. The process server received no reply.
Several other attempts were made to the same address.
On June 28, 2014, default judgment was obtained in the amount of the Canadian-dollar equivalent of SGD $11,127,028.62 plus $2,000 for costs, both amounts bearing post-judgment interest at the rates of 13 per cent and three per cent respectively.
Marina Bay proceeded to register writs of seizure and sale on July 21, 2014, and made a number of attempts to serve the judgment upon Tu via regular and registered mail and courier on several dates from July 23, 2014 to Jan. 2015.
Tu claimed he did not reside at the Markham property during the time the statement of claim was said to be delivered.
The case raised the following issues to be determined:
a) Is the existence of an "exclusive jurisdiction" clause in the contract underlying the default judgment sufficient grounds to warrant setting aside a default judgment?
b.) Does a bare hearsay allegation that the defendant failed in fact to receive a copy of the statement of claim warrant the exercise of the court's discretion to set aside default judgment under Rule 19.08(1) of the Rules of Civil Procedure?
Dunphy said he did not accept "the evidence that the defendant in fact had no notice of the claim."
He noted that Marina Bay has been unpaid for almost three years on its liquidated claim, and "had to engage lawyers in Ontario to track down the defendant and has now found property that he owns and has secured a judgment."
Bald, hearsay statements to that effect which have been made without explanation of the circumstances carry little weight in these circumstances. . . . Secondly, there is a great distinction to be drawn in my mind between an irregularly obtained default judgment and a properly obtained judgment following substituted service in accordance with a validly-obtained order of the court. In the latter case, the judgment is regular. While the interests of justice may well favour setting such a judgment aside if credible evidence is led to establish that the alternative to personal service employed was actually ineffective, such is not automatically the case. Even if I accepted the defendant's assertion (which I do not), the defendant would have still to explain his delay in responding to the judgment and to provide the court with some indication that he has a bona fide defence on the merits."
Dunphy dismissed the motion with costs.
Former Senate staffer seeks stay of damages against Richard Warman
A former senior Conservative Senate staffer who reposted a defamatory statement about Ottawa human rights lawyer Richard Warman has been ordered to pay $10,000 in damages.
In a decision issued by the Ontario Superior Court July 30, Justice David Corbett ordered Michael Veck to pay Warman the money after finding Veck had no legal defence for posting an article about him that was "obviously defamatory."
However, on July 31, a bankruptcy trustee for Veck wrote to Warman's lawyer and the court providing a notice of stay of proceedings, indicating all legal actions were stayed.
"I've asked the trustee to immediately withdraw the notice of stay of proceedings and am reviewing the information provided to determine my next steps," Warman told Legal Feeds via e-mail Tuesday.
Warman added he intends to pursue the $10,000 libel judgment and costs "to the fullest extent possible."
The case arises in the context of a debate over the relationship between laws against hate speech and the principles of freedom of speech. Warman is an advocate against far-right and neo-Nazi hate speech.
In March 2009, Veck republished an article first published by the National Post and written by former columnist Jonathan Kay about Warman that was untrue. Warman says the article was posted to a Stanford University web site forum catering to leaders in politics, academia, the military, and journalism.
The original article by the National Post was retracted after Warman issued a libel notice.
Both Kay and the newspaper subsequently settled a libel action against them. Veck republished the article more than a year after the newspaper removed it from its web site.
In his decision, Corbett wrote:
"I find the impugned article posted by Mr. Veck is defamatory of Mr. Warman. I find that Mr. Veck has no legal defence for publishing this defamatory article. . . ."
Corbett went on to say a message Veck posted as a retraction and apology on the same web site "did not cure the damage caused by the defamatory article and should not serve to reduce damages awarded to Mr. Warman."
Veck's "apology" posted to the web site was as follows:
"I previously published material here that attacked the personal and professional reputations of Mr. Richard Warman. Mr. Richard Warman states that these allegations were false, and so I wish to retract them and apologize."
Corbett said:
Mr. Veck is not assisted in these defences by the fact that a substantial portion of his article was a repetition of Mr. Kay's article in the National Post. A defendant cannot escape liability by publishing statements originally published by someone else. Put prosaically by Lord Denning fifty years ago:
"Our English law does not love tale-bearers. If the report or rumour was true, let him justify it. If it was not true, he ought not to have repeated it or aided in its circulation. He must answer for it just as if he had started it himself."
In an e-mail exchange with Legal Feeds Veck confirmed he no longer works in Canadian politics, but declined to comment further on the matter.
A mass of new judicial appointments
|Anne Jacob is appointed to the Superior Court of Quebec.
In several instances the appointments are said to be filling new positions created by Bill C-31.
Tax Court
Guy R. Smith, a sole practitioner in Ottawa, was appointed a judge of the Tax Court of Canada to replace Justice Joe E. Hershfield, who elected to become a supernumerary judge as of June 1, 2015.
Smith had been a sole practitioner since 2014. Previously, he had been the judicial affairs adviser for the federal Minister of Justice and Attorney General of Canada from March 2009 to July 2014. He practised administrative law, constitutional law and litigation with Perley-Robertson Hill & McDougall LLP from 1997 to 2005 and as a sole practitioner from 1991 to 1997. He was called to the Ontario bar in 1988.
Federal Court
Alberta Provincial Court Judge Robin Camp has been appointed to the Federal Court to replace Justice Yves de Montigny, who has been elevated to the Federal Court of Appeal.
Camp received his law degree in South Africa and successfully completed challenge exams to re-qualify to practise in Canada in 1998. He was appointed a judge of the Provincial Court, Criminal Division, in 2012. Prior to his appointment, he had been a lawyer at JSS Barristers from 2004 and a managing partner from 2008 to 2012. His main area of practice was commercial litigation. He was called to the Alberta bar in 1999.
E. Susan Elliott, a lawyer with Good Elliott Hawkins LLP in Kingston, Ont. has also been appointed to the Federal Court. She replaces Justice Mary.J.L. Gleason, who has been elevated to the Federal Court of Appeal.
Elliott was called to the Ontario bar in 1981. She had been at Good Elliott Hawkins (formerly Good & Elliott) since 1981, and during that time she had been general counsel, legal line of business, Teranet Inc. She also served as treasurer of the Law Society of Upper Canada; as well as hearing commissioner, part time, for the Rent Review Commissioner of Ontario and a smalls claims court judge since 2009.
Sylvie Roussel, a lawyer with the Security Intelligence Review Agency in Ottawa, is appointed to the Federal Court as well, replacing Justice Marie-Josée Bédard, who was appointed to the Superior Court of Quebec.
Roussel was called to the Ontario bar in 1987. She had been senior general counsel with the Security Intelligence Review Agency since 2007. Previously, she had practised with the firm Noël & Associés, s.e.n.c.. Her main areas of practice were public/constitutional law, criminal law, Charter Law and human rights law.
Fredricton's Ann Marie McDonald, a lawyer with McInnes Cooper LLP, is also headed to the Federal Court. She replaces Justice R.T. Hughes, who elected to become a supernumerary judge, effective Sept. 1, 2015.
McDonald was called to the bar of New Brunswick in 1994. She became an associate with McInnes Cooper in 2000 and a partner in 2002, practising primarily in the areas of commercial litigation, employment law, administrative law and general litigation.
Crown's inflammatory animal comments lead to mistrial
|The Crown's comments ' were made on purpose in order to paint a very negative opinion of the accused,' says Elliott Willschick.
In this case, Haiden Suarez-Noa had conceded he had stabbed his wife with a knife, according to Reid. But in open court and with the jury absent, defence counsel suggested he expected to raise a defence of provocation, Reid noted. Following the opening address and reading of an agreed statement of facts, however, the defence brought an application for a mistrial.
In the opening address, the Crown made references to personality traits the could disguise "deep uncontrolled rage" and went on to note that most people are able to push back against their instincts given "the norms of our society." She then discussed an older movie, Impulse, in which people return to their "most feral instincts" due to a water supply issue in a small town.
"That ladies and gentlemen, is what this trial is about: the difference between reasonable human beings and animals," prosecutor Kimberly Rogers told the jury.
"That characterization of the accused was both highly improper and was of such a nature that it could not be erased from the minds of the jurors even with a significant correcting instruction," wrote Reid.
"The fairness of the trial process was irremediably compromised."
Toronto criminal defence lawyer Elliott Willschick agrees.
"The Crown's comments were beyond inflammatory and prejudiced the trial considerably. There is no way the jury could forget such inflammatory comments," he says.
"Normally, the Crown makes their opening address to the jury so that they can outline the case and explain how the process works," he adds, suggesting the situation in Suarez-Noa wasn't necessarily an isolated incident.
"Inappropriate comments do arise and the courts accord leniency to those who make them," says Willschick, distinguishing this case from another one in which the court found a reference to "Mr. Guilty" to be inadvertent.
"The comments in R v. Suarez-Noa were made on purpose in order to paint a very negative opinion of the accused," says Willschick.
Reid's other big concern was Rogers' reference to the fact Suarez-Noa would raise the defence of provocation and her instruction to the jurors that they must consider whether the facts "accord with the accused's version of events or belie it."
"It may be that the accused will rely on the defence of provocation," wrote Reid.
"It also may be that the accused will testify or call evidence in his defence. However, those are decisions for the accused to make in due course. It is highly inappropriate for Crown counsel to advise the jury of the defence position without a prior agreement, and particularly implying to the jury that the accused will testify."
In the end, Reid found "the combination of rhetorical over-zealousness, personal opinion, argument, negation of the accused's right to silence and implied reversal of the onus of proof combine to make a mistrial the only available option. The fairness of the trial was irreparably damaged beyond the possibility of redemption through a correcting instruction."
Charn Gill, one of the defence counsel for Suarez-Noa, says the Crown's actions left him "dumbfounded."
"I've never seen a Crown go so far astray from what they're supposed to do in an opening statement," says Gill, who notes he quickly moved forward with the mistrial application after hearing the opening address.
Gill calls the situation a "colossal waste of resources" given the one month set aside for the trial. The goal now is to try to find time in November, he notes.
"I'm surprised the Crown attorney's office is allowing the Crown to continue," says Gill, suggesting that while inappropriate comments sometimes arise in opening statements, the accumulation of circumstances in Suarez-Noa was rare. "I think it was a rare thing that you'd make that many mistakes," he says.
Feds make 14 new judicial appointments
A Vancouver family lawyer with Jenkins Marzban Logan LLP, Grace Choi has been appointed a judge of the Supreme Court of British Columbia, Family Division, to replace Justice R. Crawford, who elected supernumerary status in August of 2014.
The Dalhousie graduate was admitted to the B.C. bar in 1993 and in Ontario in 1996. She became an accredited family law mediator in 2013 and was appointed Queen's Counsel in 2014.
Federal Court Justice Denis Gascon, who also sat on the Competition Tribunal, has been named chairman of the Competition Tribunal to replace Justice D.J. Rennie, who in turn has been appointed to the Federal Court of Appeal. Gascon was appointed to the Federal Court on Feb, 26, 2015. Prior to that, he joined Ogilvy Renault (now Norton Rose Fulbright Canada) in 1989, where he became a partner in 1997.
Recently retired Canadian Forces legal adviser Patrick K. Gleeson, has been appointed to the Federal Court to fill a new position created by Bill C-11.
After being admitted to the bar of New Brunswick in 1994, he joined the Office of the Assistant Judge Advocate General in Halifax as a legal adviser and worked in different directorates until 2000. He became the JAG's Director of Legal Services, where from 2005 he served as the senior legal adviser.
Cilian Sheahan, of Poole Althouse in Corner Brook, N.L., has been appointed as a judge of the Newfoundland and Labrador's Supreme Court, Trial and Family Division to replace Justice R.A. Fowler who will move to supernumerary status this month.
He was called to the N.L. in 2000 and appointed Queen's Counsel in 2013. Sheahan's areas of practice were corporate and commercial law, municipal, labour and employment law and corporate estate planning. In 2004, he joined the Canadian Forces as a legal officer.
Following the resignation of Justice V.A. Schuler, Justice Andrew M. Mahar of the Nunavut Court of Justice in Iqaluit, will become a judge of the Supreme Court of the Northwest Territories.
Mahar is called to the bars in Ontario, Nunavut, and the Northwest Territories. Clinic Director of the Kitikmeot Law Centre of the Northwest Territories Legal Aid Clinic. He has mostly practised as a sole practitioner but was also Clinic Director of the Kitikmeot Law Centre of the Northwest Territories Legal Aid Clinic in Cambridge Bay.
Sylvia Corthorn, a lawyer with Kelly Santini LLP/SRL in Ottawa, will replace Justice L.D. Ratushny of the Ontario Superior Court of Justice. Ratushny has been elected to supernumerary status, which had come in effect in June last year.
Corthorn was called to the bar in 1984 and has mainly practised in the areas of personal injury law, medical and dental malpractice, insurance defence litigation, and commercial and estate litigation.
Superior Court of Quebec Justice Charles Ouellet moves from the districts of Saint-François and Bedford, with residence in Cowansville, to the districts of Saint-François and Bedford, with residence in Sherbrooke. Ouellet will replace Justice Y. Tardif who has elected supernumerary status effective June 1. He was originally appointed to the Superior Court of Quebec in 2011.
Also in Quebec, Serge Gaudet, a lawyer with Langlois Kronström Desjardins in Montréal will replace Justice J. Lanctôt as puisne judge of the Superior Court of Quebec. Justice Lanctot has elected supernumerary status.
Gaudet was called to the bar in 1987. His main areas of practice were civil and commercial litigation.
A lawyer with Bouchard Page Tremblay in Quebec, Simon Hebert is appointed to Superior Court of Quebec to replace a by Justice M. Fortin, who has resigned.
Mostly a class action counsel, Heber was called to the bar in 1989. He has also been an officer with the Canadian Armed Forces since 1983
Chantal Tremblay, who is a lawyer with McCarthy Tétrault LLP in Montreal, also joins the Superior Court, taking over for Justice A. Denis.
Called to the bar in 1995, Tremblay is a former Quebec managing partner at McCarthys. Her main areas of practice were commercial litigation, class actions, professional liability, insurance law, environmental law, medical liability and disciplinary law.
Finally, Alexandre Bouchar a lawyer with the Director of Criminal and Penal Prosecutions has also been appointed to the Superior Court. He will be replacing Justice C. Champagne, who elected to supernumerary status.
Bouchar was called to the bar in 1996. He joined the Director of Criminal and Penal Prosecutions in 2010, and was previously a sole practitioner from 1995 to 2010.
Saskatchewan provincial court Judge Jeffery D. Kalmakoff in Regina has elevated to the court of Queen's Bench of Saskatchewan. Justice D.P Ball of Regina has elected supernumerary status on May 9, 2014.
Prior to his appointment Saskatchewan Court of Justice in 2009, Kalmakoff was a Crown prosecutor with the Public Prosecutions Division of the Saskatchewan Ministry and Attorney General in Regina between 1996 and 2009. He was called to the bar in 1994.
Don R. Sommerfeldt, a counsel with Dentons Canada LLP in Edmonton, is the newest appointed judge of the Tax Court of Canada to replace a resignation by Justice G. Sheridan.
He was called in Alberta in 1978 and to the bar of New York in 2004. Sommerfeldt has been with Dentons Canada LLP (formerly Fraser Milner Casgrain LLP) since 2000 practising taxation, estate planning, and pensions.
A lawyer with McInnes Cooper in Halifax, Henry A. Visser, is also appointed to the Tax Court to replace Justice D. Cambell who elected supernumerary status as of this year, June 19., will take over.
Visser mainly practised tax law, corporate law, commercial law, labour law, and employment law. He was admitted to the bar of Nova Scotia in 1995 and to P.E.I. in 1998
Ontario judge finds police tone deaf about right to counsel
|Police cannot base an informed waiver of the right to counsel on the tone of a response, says the court. (Photo: Shutterstock)
The issue before the court was whether Ouimet's Charter rights were violated when he was informed of his right to a lawyer and he responded "yeah yeah" in what police described as a dismissive tone.
"That is to say, that yeah, yeah, meant no," wrote Abrams in his May 15 ruling, in outlining the position of police and the Crown.
Ouimet was stopped by Cornwall police on suspicion of being impaired. After his response to police, the officer made no further attempt to see if Ouimet wanted to contact a lawyer. Ouimet was charged after he refused to provide a breath sample.
Provincial Court Justice Bruce McPhee convicted Ouimet and accepted the testimony of police as to what "yeah yeah" meant.
In the appeal of that decision, Abrams agreed with the arguments of Ouimet's lawyer James Foord, that an informed waiver of the right to counsel cannot be based on the tone of an affirmative response.
"The appellant may have actually been flippant, cavalier, dismissive and even annoying in his dealings with the officer, but tone of speech and attitude cannot, in the absence of further inquiry, be used to lower the high standard required for a clear and unequivocal waiver of an accused's right to counsel," wrote Abrams.
The Superior Court decision is a reminder of a straightforward obligation for police, says Foord, a partner at Foord Davies LLP in Ottawa.
"We are talking about a fundamental right, when someone is at a power disadvantage," says Foord. "It would not take very much effort for an officer to inquire further, if there is any ambiguity" to a question about whether someone is waiving a right to counsel.
"Yeah, yeah" can have more than one meaning, Foord agrees. But that is why police have to ask follow up questions, he says.
Abrams, who was an RCMP officer for 18 years before entering the practice of law, rejected the Crown's submission that the evidence should be admitted because the officer was acting in good faith.
"Though perhaps not a flagrant breach, this misconduct amounts to a serious infringement of the appellant's Charter rights. The officer should have known his Charter obligations during this routine impaired driving investigation. The conduct here is in the category of behavior from which the court should be concerned to disassociate itself," Abrams wrote.
Victim surcharges 'entrench cyle of poverty': lawyer
|The mandatory nature of victim surcharges is 'impractical and illogical,' says Anthony Moustacalis. (Photo: Robin Kuniski)
The provisions have a disproportionate effect on low-income offenders and those with disabilities, with "no perceivable positive benefit for government or society," says Daniel Santoro, who is representing the appellants.
Speaking about the legislation in general and not the backgrounds of his clients, the surcharges "further entrench people in the cycle of poverty," says Santoro, a lawyer at Doucette Boni Santoro Furgiuele in Toronto.
The president of the Ontario Criminal Lawyers' Association says it will seek to play a role in the appeal.
"We are committed to intervene on this issue," says Anthony Moustacalis.
The mandatory nature of the surcharges is "impractical and illogical," he adds, saying that discretion on whether they should be imposed, should be returned to trial judges.
If leave is granted, it will be the first time a provincial Court of Appeal has been asked to decide the constitutionality of the amendments enacted in 2013 as part of the Increasing Offenders' Accountability to Victims Act.
At the time they were announced, then-justice minister Rob Nicholson described the reason behind the changes, which was to hold offenders accountable to victims.
"A victim surcharge is an additional penalty imposed on convicted offenders at the time of sentencing," Nicholson told a House of Commons committee.
The ruling by Glass in R v. Tinker Judge Bondoc & Mead, stemmed from a Crown appeal and it is the first Superior Court decision in Ontario on the issue.
The four defendants had all been convicted of relatively minor offences and were of "limited financial resources," noted Glass. One of the accused for example, is legally blind, lives on social assistance, and has $31 left over after paying her monthly rent.
Glass concluded the surcharges are not punishment.
"It is not in the form of a penalty. It flows from a conviction for a crime, but it is not a sanction in its own right," he wrote. Instead, it is "a sum of money established to be a consequence of breaking the law," stated Glass, who compared it to a DNA order.
The provisions leave it up to each province to determine the collection mechanisms. In the case before Glass, the Crown agreed to allow the defendants two years to pay surcharges ranging from $200 to $300.
Glass, who earns $308,000 annually as a Superior Court judge, stated that if the defendants do not put aside enough money to pay, they are the "author of their own misfortune," for any future sanctions.
The surcharges have been criticized by provincial court judges across the country and in some cases they have waived payment.
Last year in Saskatchewan, the Crown was successful in obtaining a writ of mandamus in the Court of Queen's Bench, which ordered the provincial court judge to impose the surcharge. The sentencing judge's actions were "defiant and improper" ruled Chief Justice Martel Popescul in granting the Crown's request.
The most exhaustive ruling on the surcharges was issued in July 2014, by Ontario provincial court Justice David Paciocco, who found in R v. Michael that the provisions violated s. 12 of the Charter.
The defendant, who had addiction issues, was homeless and lived on $250 per month in social assistance, was facing $900 in surcharges for offences that included breaching court orders and for trying to shoplift a bottle of alcohol
The three Crown attorneys in the provincial court trial, led by Dallas Mack, argued the surcharges are not disproportionate and even if Michael could never pay, he would not face additional time in jail.
Paciocco observed that while the Crown agreed that Michael is unlikely ever to be able to seek credit or find the money to apply for a criminal pardon, he is still expected under the law to pay the surcharge.
"If Mr. Michael cannot pay that victim surcharge because of his poverty, the effect is that he will be perpetually disqualified from applying for full integration and formal forgiveness," wrote Paciocco, who noted that an offender cannot apply for a pardon if surcharge money is still owed.
The Crown filed an appeal of Paciocco's finding that the surcharges breached the Charter. It abandoned its appeal, on the eve of the hearing in Superior Court last month, after Glass issued his decision, which is currently binding on provincial court judges in Ontario.
Judges craft own formula for Nortel's $7.3 billion in cash
Judges on the U.S. Bankruptcy Court in Wilmington, Del. and Ontario Superior Court of Justice held an unprecedented joint cross-border trial on the dispute, with the courtrooms linked by video. The legal battle has raged for years through numerous courts, chewing up more than $1 billion in fees for lawyers and other advisors.
Nortel filed for bankruptcy in 2009 and sold its global operations and patents, raising the cash in dispute. In the years that corporate entities in Canada, the United States and Europe have fought over the funds, retirees and bond investors have awaited repayment.
U.S. Bankruptcy Judge Kevin Gross and Justice Frank Newbould said in separate opinions that each regional business would receive cash to pay its creditors based on their claims against it as a percentage of the overall claims worldwide.
The judges said in their simultaneous opinions that a pro rata division was the most fair and satisfactory way to split the money.
Gross wrote in his 130-page opinion that the various regional business "have lost sight of the irrationality of their respective positions" and left "no virtually no middle ground."
The Canadian unit had argued it should receive about 83 per cent of the money, because it was the legal owner of many of the assets sold. The European businesses wanted the money divided based on each region's contribution toward creating the value of the assets that were sold. As the U.S. unit saw things, it deserved 73 percent of the cash based on its beneficial ownership model.
Lawyers for the U.S., Canadian and European units of Nortel did not immediately respond to a request for comment.
"It would not be going out on a limb to say that the rulings get appealed regardless of what they contain," wrote Kevin Starke, an analyst with CRT Capital in a note published before the opinions.
He said a "middle ground" ruling was best in terms of wrapping up the cases without dragging them out for more than another year.
Nortel was once among the world's largest tech companies. Its stock market valuation swelled to $260 billion and Nortel employed nearly 100,000 at its peak, before the bursting of the telecom bubble and accounting problems.
In his decision, Newbould gave kudos to the court reporters, technical staff and lawyers who all worked on the complex cross-border case. As well he had praise for his U.S. counterpart.
"I want to thank Judge Gross for his courtesies and good humour. It has been a pleasure to work with him. Without such a good relationship and the trust that we developed for each other, this trial and its conclusion would not have been possible."
Read more on the nuts and bolts of how the case was conducted in next week's Law Times.
Rivoalen replaces Douglas as associate chief justice in Manitoba
|Justice Marianne Rivoalen is the new associate chief justice of the Manitoba Court of Queen's Bench (Family Division).
Rivoalen was appointed a judge of the Court of Queen's Bench for Manitoba (Family Division) in 2005. Prior to that, she was a senior counsel and team leader of aboriginal law services with the Department of Justice Canada as well as the indian residential school litigation counsel as well as a long-practising litigation lawyer with Aikins,MacAulay & Thorvaldson in Winnipeg. She has also been an arbitrator with the Manitoba Labour Board, deputy chief commissioner of the Residential Tenancies Commission in Winnipeg, and a litigation lawyer with Pitlabo & Hoskin in Winnipeg.
Richard F. Southcott, vice president and general counsel at Irving Shipbuilding Inc. in Halifax, has been appointed to the Federal Court to fill a new position created by Bill C-11.
Southcott was called to the bar in 1993, then joined Stewart McKelvey in Halifax as an associate, practising marine law and commercial litigation. He became a partner in 2001, and was the regional managing partner from 2008 until 2013, when he joined Irving Shipbuilding.
Also from Halifax, R. Lester Jesudason has been appointed to the Supreme Court of Nova Scotia, Family Division. He replaces Justice R. James Williams, who elected to become a supernumerary judge as of April 18.
Jesudason was called to the bar in 1997, then joined Blois Nickerson & Bryson LLP in Halifax as an associate, practising civil litigation and insurance law. He became a partner in 2002. He has been chairman of the Nova Scotia Police Review Board and active with various bar associations.
In Saint John, N.B., Marie-Claude Blais is the newest judge of the Court of Queen's Bench of New Brunswick, Trial Division. She replaces to replace Justice Peter Glennie who went supernumerary April 22.
Blais was called to the bar of Quebec in 1995 and New Brunswick in 1998. She was appointed Queen's Counsel in 2010. She has been counsel with McInnes Cooper since 2014. Prior to that, she had been minister of education and early childhood development for the province of New Brunswick. She was also the first woman to serve as attorney general and minister of justice and consumer affairs for New Brunswick. She was also a lawyer with LeBlanc Maillet, where she practised corporate and business, family, and real estate law.
In Ontario, Superior Court Justice Lois B. Roberts has been elevated to the Court of Appeal. She fills the spot left when Justice George Strathy was named chief last June.
Roberts was appointed to the Superior Court in 2008. Prior to her appointment, she was a lawyer with Genest Murray LLP and Cassels Brock & Blackwell LLP, practising commercial litigation, employment law, and human rights law.
Toronto lawyer Kenneth G. Hood fills Roberts spot on the Superior Court. He was called to the bar in 1982 and was a certified specialist in civil litigation.
Hood was counsel with Schneider Ruggiero LLP since 2010. Prior to that, he was worked with firms Lawrence Lawrence Stevenson LLP in Brampton, Ont., Glaholt LLP in Toronto, Dingwall McLaughlin and Woolley Dale & Dingwall (later changed to Dale and Dingwall).
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text: Michigan News Report Details Factors Leading To Inmate Escape By Rick Pluta • Jul 22, 2014 wikimedia commons AG prison report cites human, technology errors as prime cause of inmate escape A report by the Michigan Attorney General's office has found both human and technology failures played a part in the prison escape of a convicted murderer. Michael Elliot slipped out of the Ionia Correctional Facility last February 2 by crawling under fences during a heavy snowfall. He wore white clothes to blend into the snow. He was captured about 24 hours later in Indiana. Former Treasury Secretary Says Foreign Investment Key To Michigan Economy By Bob Eccles • Jul 22, 2014 Michigan Public Radio Network Henry Paulson tells Michigan to seek out Chinese investment Former U.S. Treasury Secretary Henry Paulson says foreign investment and immigration will be critical to turning around Michigan's economy. The former aide to President George W. Bush spoke before the Detroit Economic Club (DEC) Monday afternoon with Gov. Rick Snyder. "Make Michigan attractive for investment, period. OK? Make it attractive," said Paulson. Washtenaw County Sheriff's Department Investigates Webster Township Drowning By Associated Press • Jul 21, 2014 Wikimedia UPDATE: At 8:28amA relative of a man who died after being pulled from a lake in Washtenaw County says the man had wandered away from a picnic. Today Is An Important Day In The Detroit Bankruptcy Case By Associated Press • Jul 21, 2014 Wikipedia Detroit due to report results from pension vote The city of Detroit is expected to report the results of voting on pension cuts by retirees and former and current workers. The outcome will have an impact on the city's bankruptcy case, which goes to trial on August. 14th. Governor Snyder To Seek More Foreign Investment In Detroit By Associated Press • Jul 21, 2014 wikimedia Snyder, Paulson to discuss foreign investment today Governor Rick Snyder and former U.S. Treasury Secretary Henry Paulson are expected to discuss how foreign direct investment can benefit Michigan and the Detroit area. They will speak Monday afternoon during a Detroit Economic Club event at Ford Field. Hospital Infection Rates May Be Made Available To Public By Jake Neher • Jul 21, 2014 michigan.gov State could become more transparent about infection rates at hospitals The state's top health official says Michigan could be more transparent about how many people get infections while at hospitals. A recent MLive.com series suggests the state has withheld that information from the public. That includes infection rates at specific hospitals. Jim Haveman, director of the Michigan Department of Community Health (MDCH), says that information is becoming more important for many patients. New Legal Assistance Available For Veterans And Military By Jake Neher • Jul 18, 2014 Michigan Public Radio Network State attorney general's office unveils law guides for vets and military personnel Michigan veterans and active duty military families now have new resources to help handle legal issues. Michigan Attorney General Bill Schuette released two new legal guides Thursday. "Sometimes trying to help veterans in transition coming back from a deployment, it can get a bit complicated," said Schuette. Michigan Attorney General Mum On Medical Marijuana Opposition By Jake Neher • Jul 18, 2014 michigan.gov AG Schuette won't give details on his opposition to medical marijuana bills The state attorney general is not saying why he opposes bills that would ease restrictions on medical marijuana in Michigan. Some top lawmakers are now urging Bill Schuette to detail his concerns. A state House panel approved the two bills this week. House Bill 4271 would let communities allow and regulate medical marijuana dispensaries. House Bill 5104 would also allow patients to use edible and other non-smokable forms of marijuana. Medical Marijuana Bills Clear Senate Panel By Jake Neher • Jul 17, 2014 wikimedia commons Future of medical marijuana bills uncertain after clearing state Senate panel Two bills that would ease restrictions on medical marijuana in Michigan are one step closer to becoming law. A state Senate panel approved the legislation Wednesday. But it is not clear what will happen to the bills now that they are going to the full Senate. Non-Union Construction Firms Attack Local Prevailing Wage Laws By Rick Pluta • Jul 16, 2014 abcsemi.com Non-union builders challenge local wage floors An association of non-union construction companies has asked the state Supreme Court to strike down local prevailing wage laws. The Associated Builders and Contractors says a state law preempts the ordinances. Nearly two dozen Michigan communities have their own prevailing wage ordinances. They're supposed to ensure that workers on city-financed projects are paid something close to union wages. 3 Tips For Dining Out During The Ann Arbor Art Fair By Patrik Holubik • Jul 15, 2014 If you're looking for some hints for dining out for lunch or dinner, MLive's Jessica Webster has accumulated a few in the 25 summers she's spent here. Detroit Water Shutoffs By Associated Press • Jul 14, 2014 Wikipedia 79 Illegal Water Users Caught In 3 Days A spokesman for Detroit's water system says it cited 79 customers for illegal water use in one three-day period and levied $21,750 in fees. The Detroit Water and Sewerage Department has been cracking down on tens of thousands of nonpaying residential and business customers. Michigan Farmers Plant Fewer Acres Of Corn By Associated Press • Jul 14, 2014 Wikipedia Corn Acreage Down Nationwide Michigan farmers have reduced the amount of land they use for growing corn. The Detroit News reports weather and falling market prices caused farmers to start growing corn later than usual this year. Michigan's corn farming area has shrunk by about 10,000 acres to 2.24 million. U-M Board Of Regents Subject Of Lawsuit By Associated Press • Jul 14, 2014 Lawsuit: Michigan Regents Break Open Meetings Act The Detroit Free Press has sued the University of Michigan, saying its Board of Regents routinely violates the state Open Meetings Act. The newspaper says it filed the suit Friday in the Michigan Court of Claims. The Associated Press left phone messages Sunday seeking comment from university spokespeople. State Senate Panel Returns This Week To Vote On Medical Marijuana Bills By Jake Neher • Jul 14, 2014 "Caveman Chuck" Coker / Foter.Com Medical Marijuana Dispensaries could soon become legal, after GOP change of heart Listen Listening... / Jake Neher reports on Medical Marijuana legislation to be acted upon this week The state Legislature returns this week for its only scheduled session day in July. A state Senate panel is likely to vote on bills that would relax restrictions on medical marijuana. Underground Railroad Conference Explores Detroit By Associated Press • Jul 14, 2014 Courtesy Image / Organization of American Historians An annual conference of Underground Railroad scholars and enthusiasts is coming to Detroit. The Detroit News reports the event coordinated by the National Park Service will explore the roles women played as leaders along the secret network for runaway slaves. Detroit was the last stop on the Underground Railroad before the Civil War. Michigan Calling: Democrat Mark Schauer Answers Listener Questions By Patrik Holubik • Jul 11, 2014 Courtesy, Mark Schauer This morning Democratic candidate for Michigan, Democrat Mark Schauer joined Rick Pluta on a statewide call-in show via the Michigan Public Radio Network. You can listen to the full program here: Five Tips For Attending Ann Arbor's Art Fair By Patrik Holubik • Jul 11, 2014 The Ann Arbor Art Fair hits downtown Ann Arbor this July 16th-19th. With the work of 1,000 artists on display, there is a lot of ground to cover if you want to see it all! Maricat Eggenberger of Pure Michigan provides some helpful tips for navigating the fair. Expansion Of Medicaid Exceeding Expectations By Jake Neher • Jul 11, 2014 michigan.gov/mdch Medicaid expansion sign-ups hit one-year target in just four months In less than four months, Michigan has already hit its 2014 enrollment goal for the state's expanded Medicaid program. More than 322,000 low-income Michiganders now have government sponsored healthcare through the Healthy Michigan program. Officials with the Michigan Department of Community Health (MDCH) say the dramatic jump in enrollment will help boost the state's economy. Livonia Man Charged With Second Degree Murder In Referee's Death By Associated Press • Jul 10, 2014 Livonia Police Department A Detroit-area soccer player accused of killing a referee with a punch to the neck has made an initial court appearance on a second-degree murder charge. Baseel Abdul-Amir Saad was arraigned Thursday in Livonia District Court. The judge ordered a $1 million bond and set a preliminary hearing for July 30. John Bieniewicz died last week from injuries sustained June 29. Police and prosecutors say Saad struck Bieniewicz as the 44-year-old soccer referee announced his decision to eject him from a men's league game. Michigan Senate Candidates Report Finances By Associated Press • Jul 10, 2014 Wikimedia Commons The campaign of Republican Michigan U.S. Senate candidate Terri Lynn Land says it raised about $2.15 million from donors in the latest quarter and got an additional $1.2 million from Land herself. Democrat Gary Peters says his campaign raised $1.95 million. Vice President Joe Biden Heading To Detroit By Associated Press • Jul 10, 2014 Wikimedia Commons Vice President Joe Biden will mingle with liberal activists next week at the Netroots Nation convention. Netroots Nation says the vice president has agreed to speak at its annual political conference being held this year in Detroit. The July 17 speech will be the first time Biden has addressed the group. Audit Points To Failings At Michigan Department Of Human Services By Jake Neher • Jul 10, 2014 wikimedia commons Another audit says Michigan has failed to protect vulnerable adults Gov. Rick Snyder's administration is again taking heat for failing to protect vulnerable adults. A state audit released Wednesday shows the Michigan Department of Human Services (DHS) has mismanaged its Adult Protective Services (APS) program since 2010. Among other things, it says DHS did not adequately train caseworkers and supervisors and failed to investigate complaints of abuse. Southeast Michigan Communities Unite In Forming Alliance To Enhance Safety And Security By Patrik Holubik • Jul 9, 2014 Washtenaw County, City of Ypsilanti, Ypsilanti Township and Eastern Michigan University launch the Eastern Washtenaw Safety Alliance. Broad collaboration features increased police staff, expanded patrols and new community safety measures. Detroit Treads Sandals Made From Illegally Dumped Tires Grow In Popularity Across City & Beyond By Patrik Holubik • Jul 9, 2014 A Detroit organization that helps people in need has found a positive way to make use of illegally dumped tires in the city. Cass Community Social Services (CCSS) is the manufacturer of Detroit Treads, sandals selling for $25 a pair that are made out of tire treads. Pages« first ‹ previous … 6 7 8 9 10 11 12 13 14 … next › last »


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Missouri v UCLA
Head coach Frank Haith of the Missouri Tigers gestures during the... News PhotoBasketball - Sport,California,City Of Los Angeles,Full Length,Gesturing,Head Coach,Men's College Basketball,Missouri Tigers,NCAA,Overtime - Sport,Pauley Pavilion,Period,Sport,UCLA,UCLA Bruins,USA,University of California,VerticalPhotographer Stephen DunnCollection: Getty Images Sport 2012 Getty ImagesLOS ANGELES, CA - DECEMBER 28: Head coach Frank Haith of the Missouri Tigers gestures during the overtime period against the UCLA Bruins at Pauley Pavilion on December 28, 2012 in Los Angeles, California. UCLA won 97-94 in overtime. (Photo by Stephen Dunn/Getty Images)


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these pants bring on good luck. In a bleak snow year the night these arrived we got 6 inches of snow when rain was forecasted. Gave them a test drive in the snow. keeps ya dry, the fit is awesome- I am 5'4" 130 lb & have a tough time finding a pant that is not cut really big a baggy. If you are lean & mean these pants work great. slim fit but not tight. they work well for tele skiing. the front pocket is very small but not really needed.
How was the length? The sizing shows an inseam of 31.5" in a small.


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Roy "Big Country" Nelson vs Mirko "Cro Cop" Filipovic
UFC 137 - Penn vs. Diaz watch video >>
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UFC veteran and hometown hero Mirko Cro Cop talks about his 3rd round finish of Gabriel Gonzaga and what it means to avenge his loss in their first meeting. watch video >>
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Gabriel "Napao" Gonzaga vs Mirko "Cro Cop" Filipovic
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Watch the highlights from the Fight Night Krakow weigh-ins, including the staredowns between Mirko Cro Cop and Gabriel Gonzaga and Jan Blachowicz and Jimi Manuwa. The event takes place on Saturday ex watch video >>


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The Story of the Blue Planet
Synopses & Reviews
Publisher Comments:
"Magnason's writing is lean, swift and often lyrical. . . immensely satisfying — a major contribution to the sparsely populated eco-lit genre, and one that could entice other authors to contribute."
— New York Time Book Review
Brimir and Hulda are best friends who live on a small island on a beautiful blue planet where there are only children and no adults. Their planet is wild and at times dangerous, but everything is free, everyone is their friend, and each day is more exciting than the last.
One day a rocket ship piloted by a strange-looking adult named Gleesome Goodday crashes on the beach. His business card claims he is a "Dream.ComeTrueMaker and joybringer," and he promises to make life a hundred times more fun with sun-activated flying powder and magic-coated skin so that no one ever has to bathe again. Goodday even nails the sun in the sky and creates a giant wolf to chase away the clouds so it can be playtime all the time. In exchange for these wonderful things, Goodday asks only for a little bit of the children's youth—but what is youth compared to a lot more fun? The children are so enamored with their new games that they forget all the simple activities they used to love.
During Goodday's great flying competition, Hulda and Brimir fly too high to the sun and soar to the other side of planet, where they discover it is dark all the time and the children are sickly and pale. Hulda and Brimir know that without their help, the pale children will die, but first they need to get back to their island and convince their friends that Gleesome Goodday is not all that he seems.
A fantastical adventure, beautifully told, unfolds in a deceptively simple tale. The Story of the Blue Planet will delight and challenge readers of all ages.
"While fairly unknown in the U.S., Magnason is an acclaimed author in his native Iceland. His sly, smart parable, first published in 1999, takes aim at the central dilemma of the developed world: is it ethical to be happy at the cost of others' suffering? The tranquil Blue Planet, inhabited only by children, is jolted when fast-talking grownup Gleesome Goodday parachutes in and teaches its children to fly. (To supply the service on a permanent basis he charges them, insidiously, just the tiniest fraction of their youth.) Blown off course, friends Brimir and Hulda find out quite by chance that because they can fly, another group of children has no sunlight, safety, or food. Mr. Goodday is unruffled by their discovery: 'There's as much happiness in the world now as there was previously, it's just been readjusted,' he says. Dahl-like wit and a couple of eccentrically Arctic moments (seals are for eating, and Brimir and Hulda suckle the milk of a she-wolf) make this a memorable and provocative tale, and a splendid opener for discussions about our own blue planet. Ages 8 — 12." Publishers Weekly (Starred Review) Copyright PWxyz, LLC. All rights reserved.
Brimir and Hulda are friends on the beautiful blue planet where there are only children and no adults. Where there is no bedtime or homework or scolding. Ragnar finds great joy in mountain climbing; Elva loves to swim in the waterfall and splash in the puddles; all the children delight in the annual flight of the butterflies from their cave. One day a rocket ship lands on the Blue Planet. It's pilot, an adult called Jolly Goodday (his business card claims he is a "Dream.ComeTrueMaker and joybringer") says he will make life a hundred times better: with flying and flying competitions--they only cost a small bit of Youth and butterfly dust; teflon-covered skin so one never has to bathe--so what if hugging and holding hands is too slippery! And Jolly Goodday even puts a great wolf in the sky to chase away the clouds and the moon so it can be daytime/playtime all the time! The children are so enamored with their new games that they forget those simple activities they used to love.
Hulda and Brimir fly too high one day and soar over the forest to the other side of planet, where they discover it is dark all the time because the sun is now permanently tacked up on their side of the world. The children on the dark side are sickly and pale. They live in darkness and fear. They will die without help. Hulda and Brimir have their work cut out for them to get back to the light and convince the other children that Jolly Goodday is not all that....
A fantastical adventure, beautifully told, unfolds in a deceptively simple tale. The Story of the Blue Planet will delight and challenge readers of all ages.
About the Author
Andri Snær Magnason is one of Iceland's most celebrated young writers. His children's book, The Story of the Blue Planet--now published or performed in 22 countries--was the first children's book to receive the Icelandic Literary Prize and was also the recipient of the Janusz Korczak Honorary Award and the West Nordic Children's Book Prize. His 2002 book LoveStar was named "Novel of the Year" by Icelandic booksellers and received the DV Literary Award and a nomination to the Icelandic Literary Prize. Andri is the winner of the 2010 Kairos Award.
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Children's » Action and Adventure » Adventure Stories
Children's » Imagination and Play
Children's » Middle Readers » General
Children's » Science Fiction and Fantasy » General
Young Adult » Fiction » Social Issues » New Experience


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DescriptionMonarch Capital Home Loans is a fast-growing residential mortgage company. We currently are headquartered in Aliso Viejo, CA, and have offices in Corona, CA and Denver, CO. We are looking to add offices in San Diego, Los Angeles, Northern California, and Seattle, WA.
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Responsibilities- Create flyer templates for our agents to use in the field
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