text:
Scoopys Notebook
Big trip: Council Speaker Christine Quinn is leading a group of 11 councilmembers on a trip to Israel this week. The City Council Office of Communications sent a media advisory on Tuesday discussing a rocket attack that occurred at Nir-am Kibbutz, close to where Quinn was meeting with Sderot Mayor Eli Moyal. The trip, sponsored by the Jewish Community Relations Council, is part of a tradition going back more than 50 years of New York politicians visiting the three Is Israel, Ireland and Italy to honor the historic background of city residents. Quinns visit has increased speculation shell run for mayor.
Cup of club coffee: When Brad Sussman took over as president of Village Reform Democratic Club two months ago, some were raving hed transform the club in no time by attracting enthusiastic new young members. After Sussman was recently tapped to be Attorney General Andrew Cuomos advance man, however, overhauling V.R.D.C. will be up to someone else, since under the reform clubs bylaws, anyone employed by an elected official cant be president. We hear Noah Yago, a former hedge fund manager, is the leading candidate to lead the club. His brother Gideon is an MTV newscaster.
Break it like Beckham: Villager sports writer Judith Stiles really lives and breathes soccer. But the breathing got tougher last week, at least for a while, after she broke her nose going for a head ball in a Mexican Womens Futsal Tournament. Although I scored, my opponent clocked my nose badly, Stiles e-mailed us over the weekend. Mucho pain and mucho pain killers right now it hurts to move my head. Though her daughter, actress Julia, might sometimes employ stunt doubles, Judith is 100 percent hardcore. Incredibly, just two days later, she was back playing soccer with her team though, she said, just for 10 minutes, since my head felt like one big toothache.
Market forces: After nine years of the former Essex Street Market building at 130-140 Essex St. sitting in limbo, theres hope at last that something may happen. In December, the citys Economic Development Corporation won a protracted legal battle to evict Henry Rainge-Megill from the property for nonpayment of rent, and he promptly vacated. In a business plan back in 1998, Rainge-Megill had proposed to renovate the old market building into a banquet hall for bar mitzvahs, sweet-16 parties and such. In a July 2004 article in The Villager five years after hed hoped to be open for business he maintained the project was 90 percent finished. But the grand plans never materialized; all that happened was a short-lived barbecue stand manned by Rainge-Megill himself, followed by an aborted 1,000-person New Years Eve rave on Dec. 31, 2001, that the Fire Department shut down for code violations this despite the fact that Rainge-Megill had promised Community Board 3 in 98 that if he got the building he wouldnt allow it to become a dance club. Word on the street is that the city now may be eyeing the site for a hotel. But Janel Patterson, E.D.C.s spokesperson, said, Weve just got back control, so we are evaluating options. Nine years ago, wanting to help the community, the city simply gave the property to Rainge-Megill, a Lower East Sider, without competitive bidding. Asked if E.D.C. will issue a more formal request for proposals this time, Patterson only said, We arent putting out any more ideas about it yet. The 13,000-square-foot space is in one of the four, one-story Essex Street Market buildings constructed in 1938 by Mayor Fiorello LaGuardia to house pushcart vendors so they would stop cluttering up the streets. Two years ago, the new Federation of East Village Artists group floated a scheme to develop the property into an arts-and-theater complex, to be financed by new a residential tower but the stalemate with Rainge-Megill made it all speculative. Our phone numbers for Rainge-Megill are no good anymore and hes not listed. Although he didnt do so well transforming the Essex Street Market, Rainge-Megill did star in the 2002 movie A Cuban Legend: The Story of Salvador Gonzalez, about a muralist who transformed an alley into a world-renowned outdoor art and performance space. Phil Hartman, FEVAs founder and former executive director, said Rainge-Megill used to make a dynamite barbecue sandwich.
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Studio Art Vocabulary #5. 9/24/8. Cubism. A twentieth century art movement developed mainly by Picasso and Braque in which the subject matter is broken up, analyzed and reassembled in an abstract form, emphasizing geometric shapes. Futurism.
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

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Energy efficiency and energy savings are assuming increasingly crucial importance nowadays. Rieter has taken this aspect into account for many years and is developing new, innovative products in order to reduce power costs and preserve the environment.
Suction Tube ECOrized
The Suction Tube ECOrized is one of these products. It reduces suction power at the spinning position by 50% and results in significant cost savings.
Each spinning position currently features a suction opening for extracting ends down and tangles. However, this is only needed in very few cases. So why not use a suction tube that opens fully only when necessary? The Suction Tube ECOrized offers this advantage and the resulting energy savings. Existing suction tubes can simply be replaced. Considerable energy savings are achieved in conjunction with adjustable inverter control.
Improved Extraction
In the event of tangles, so much fiber material is delivered by the drafting system that the closed flap of the tube opening is forced open. The large tube cross-section thus opened up reliably extracts the tangles. The reduced suction opening is adequate during normal spinning operations.
Inexpensive Investment
The conversion is simple and can be carried out by a qualified mill electrician. The considerable energy savings and the attractive price of the conversion kit ensure rapid payback.
Functionality of the ECOrized suction tube
Cost savings confirmed in practice
Baris, a Rieter customer in Turkey, already saves up to 10% energy resp. 66 600 USD per year with its 14 refitted G 35 ring spinning machines. In the following statement, Mahmut Kilinç, the Baris Spinning Mill Manager, shows how this works in practice and talks about the benefits of the ECOrized suction tube. It's worth taking a further look!


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SOURCE: Field Nation LLC
June 07, 2016 06:00 ET
Partnership Provides Freelance Technicians Discounted InfoComm Membership and Access to Professional Development Resources
MINNEAPOLIS, MN--(Marketwired - June 07, 2016) - Field Nation, the leading marketplace platform for contingent and on-demand workforce management, announced its partnership with InfoComm International®, the trade association representing the commercial audiovisual industry worldwide.
Field Nation, dedicated to the professional development of freelance technicians who use the Field Nation platform, developed Field Nation University in March 2016 to help freelancers advance their technical skills and field services knowledge. With InfoComm International, Field Nation will enhance the audiovisual education and certification offerings for its users.
"This partnership is enabling Field Nation's providers to install, upgrade and repair the world's leading and most advanced audiovisual communication systems," said Tim Giehll executive vice president of platform eco-system at Field Nation. "This is a great opportunity for existing technicians on our platform to grow their skills and get the certification they need. Expanding our training and certification opportunities is critical to our ongoing quality improvement process."
As part of the agreement, InfoComm International will offer a discounted membership to registered users of Field Nation for $99. This membership allows access to entry-level AV training, discounts on advanced AV training, and additional learning opportunities through a member's resource center. InfoComm, an ANSI Accredited Standards Developer Organization (ASD), provides industry standards as the foundation for quality audiovisual systems and offers the only ANSI-accredited audiovisual certification under the International Standard ISO/IEC 17024 for general technology solution tasks.
"We look forward to working with Field Nation to enhance the AV skills of independent contractors and help meet the demand for new, emerging communication technologies," said John Woodstock, director of business development at InfoComm International. "Together, we offer the industry-leading training and education to freelance technicians who want to promote their expertise and skills in the ever-changing technology industry."
Interested Field Nation users can visit http://info.fieldnation.com/infocommpartnership for more information.
About InfoCommInfoComm International® is the global trade association representing the commercial audiovisual and information communications industries. Established in 1939, InfoComm has more than 5,000 members, representing over 70,000 AV professionals worldwide, including manufacturers, systems integrators, dealers and distributors, independent consultants, programmers, rental and staging companies, end users and multimedia professionals from more than 80 countries. InfoComm International is the leading resource for AV standards, market research and news. Its training, certification and education programs set a standard of excellence for AV professionals. InfoComm International is the founder of InfoComm, the largest annual conference and exhibition for AV buyers and sellers in the Western Hemisphere. InfoComm also produces trade shows in China, Europe, India, Latin America and the Middle East. Additional information is available at infocomm.org.
About Field NationField Nation (www.fieldnation.com) is the most complete Freelancer Management System (FMS) and SaaS-based project-management solution available. The company is headquartered in Minneapolis, has more than 100 employees, and was listed on the 2013 and 2014 Inc. 500 list of fastest growing companies. In 2015, the company recorded more than $100 million in marketplace transactions. With more than 70,000 service providers in its network, Field Nation serves as a catalyst for business growth and ensures successful collaborations around the world.
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On August 21 I am planning to perform a major update to the site. I can't give a specific time in which the update will happen other than probably sometime between 6:30 a.m. and 8:00 a.m. (Central Time, USA). There is a very small chance that a prior commitment will interfere with this and if so the update will be rescheduled for a later date.
I have spent the better part of the last year or so rebuilding the site from the ground up and the result should (hopefully) lead to quicker load times for the pages and for a better experience on mobile platforms. For the most part the update should be seamless for you with a couple of potential exceptions. I have tried to set things up so that there should be next to no down time on the site. However, if you are the site right as the update happens there is a small possibility that you will get a "server not found" type of error for a few seconds before the new site starts being served. In addition, the first couple of pages will take some time to load as the site comes online. Page load time should decrease significantly once things get up and running however.
In the previous section we optimized (i.e. found the absolute extrema) a function on a region that
contained its boundary. Finding
potential optimal points in the interior of the region isn't too bad in
general, all that we needed to do was find the critical points and plug them
into the function. However, as we saw in
the examples finding potential optimal points on the boundary was often a
fairly long and messy process.
In this section we are going to take a look at another way
of optimizing a function subject to given constraint(s). The constraint(s) may be the equation(s) that
describe the boundary of a region although in this section we won't concentrate
on those types of problems since this method just requires a general constraint
and doesn't really care where the constraint came from.
So, let's get things set up.
We want to optimize (i.e. find the minimum and maximum value of) a function,
Method of Lagrange
The constant, Lagrange Multiplier.
Notice that the system of equations actually has four
equations, we just wrote the system in a simpler form. To see this let's take the first equation and
put in the definition of the gradient vector to see what we get.
In order for these two vectors to be equal the individual
components must also be equal. So, we
actually have three equations here.
These three equations along with the constraint, x,
y, z, and
Note as well that if we only have functions of two variables
then we won't have the third component of the gradient and so will only have
three equations in three unknowns x, y, and
As a final note we also need to be careful with the fact
that in some cases minimums and maximums won't exist even though the method
will seem to imply that they do. In
every problem we'll need to go back and make sure that our answers make sense.
Let's work a couple of examples.
Example 1 Find
the dimensions of the box with largest volume if the total surface area is 64
Before we start the process here note that we also saw a
way to solve this kind of problem in Calculus
I, except in those problems we required a condition that related one of
the sides of the box to the other sides so that we could get down to a volume
and surface area function that only involved two variables. We no longer need this condition for these
Now, let's get on to solving the problem. We first need to identify the function that
we're going to optimize as well as the constraint. Let's set the length of the box to be x, the width of the box to be y and the height of the box to be z.
Let's also note that because we're dealing with the dimensions of a
box it is safe to assume that x, y, and z are all positive quantities.
We want to find the largest volume and so the function
that we want to optimize is given by,
Next we know that the surface area of the box must be a
constant 64. So this is the
constraint. The surface area of a box
is simply the sum of the areas of each of the sides so the constraint is
given by,
Note that we divided the constraint by 2 to simplify the
equation a little. Also, we get the
Here are the four equations that we need to solve.
There are many ways to solve this system. We'll solve it in the following way. Let's multiply equation (1)
by x, equation (2)
by y and equation (3)
by z. This gives,
Now notice that we can set equations (5)
and (6)
equal. Doing this gives,
This gave two possibilities. The first, (1)
would reduce to
Since we are talking about the dimensions of a box neither
of these are possible so we can discount
Since we know that z
from both sides. This gives,
Next, let's set equations (6)
and (7)
equal. Doing this gives,
As already discussed we know that
We can also say that since we are dealing with the
dimensions of a box so we must have,
Plugging equations (8)
and (9)
into equation (4)
we get,
However, we know that y
must be positive since we are talking about the dimensions of a box. Therefore the only solution that makes
physical sense here is
So, it looks like we've got a cube here.
We should be a little careful here. Since we've only got one solution we might
be tempted to assume that these are the dimensions that will give the largest
volume. The method of Lagrange
Multipliers will give a set of points that will either maximize or minimize a
given function subject to the constraint, provided there actually are
minimums or maximums.
The function itself,
The function will not have a maximum if all the variables
are allowed to increase without bound.
That however, can't happen because of the constraint,
Here we've got the sum of three positive numbers (because x, y,
and z are positive) and the sum
must equal 32. So, if one of the
variables gets very large, say x,
then because each of the products must be less than 32 both y and z must be very small to make sure the first two terms are less
than 32. So, there is no way for all
the variables to increase without bound and so it should make some sense that
the function,
This isn't a rigorous proof that the function will have a
maximum, but it should help to visualize that in fact it should have a
maximum and so we can say that we will get a maximum volume if the dimensions
are :
Notice that we never actually found values for
Example 2 Find
the maximum and minimum of
This one is going to be a little easier than the previous
one since it only has two variables.
Also, note that it's clear from the constraint that region of possible
solutions lies on a disk of radius Extreme Value
Theorem we know that a minimum and
maximum value must exist.
Here is the system that we need to solve.
Notice that, as with the last example, we can't have we can solve the first two equations
for x and y respectively. This
Plugging these into the constraint gives,
We can solve this for
Now, that we know
and if
To determine if we have maximums or minimums we just need
to plug these into the function. Also
recall from the discussion at the start of this solution that we know these
will be the minimum and maximums because the Extreme Value Theorem tells us
that minimums and maximums will exist for this problem.
Here are the minimum and maximum values of the function.
In the first two examples we've excluded
Let's take a look at another example.
Example 3 Find
the maximum and minimum values of
First note that our constraint is a sum of three positive
or zero number and it must be 1.
Therefore it is clear that our solution will fall in the range Extreme Value Theorem we know that a minimum and maximum value
must exist.
Here is the system of equation that we need to solve.
Let's start this solution process off by noticing that
since the first three equations all have (10)
and (11)
So, we've got two possibilities here. Let's start off with by assuming that (10)
or (11)
that we must then have (12) we see that this means
So, we've got two possible cases to deal with there. In each case two of the variables must be
zero. Once we know this we can plug
into the constraint, equation (13),
to find the remaining value.
So, we've got two possible solutions
Now let's go back and take a look at the other
This first case is
The second case is (11)
and (12)
Now, we've already assumed that
Using this in the constraint gives,
So, the next solution is
We got four solutions by setting the first two equations
To completely finish this problem out we should probably
set equations (10)
and (12)
equal as well as setting equations (11)
and (12)
equal to see what we get. Doing this
Both of these are very similar to the first situation that
we looked at and we'll leave it up to you to show that in each of these cases
we arrive back at the four solutions that we already found.
So, we have four solutions that we need to check in the
function to see whether we have minimums or maximums.
So, in this case the maximum occurs only once while the
minimum occurs three times.
Note as well that we never really used the assumption that
With these examples you can clearly see that it's not too
hard to find points that will give larger and smaller function values. However, all of these examples required
negative values of x, y and/or z to make sure we satisfy the constraint. By eliminating these we will know that
we've got minimum and maximum values by the Extreme Value Theorem.
To this point we've only looked at constraints that were
equations. We can also have constraints
that are inequalities. The process for
these types of problems is nearly identical to what we've been doing in this
section to this point. The main difference
between the two types of problems is that we will also need to find all the
critical points that satisfy the inequality in the constraint and check these
in the function when we check the values we found using Lagrange Multipliers.
Let's work an example to see how these kinds of problems
Example 4 Find
the maximum and minimum values of
Note that the constraint here is the inequality for the
disk. Because this is a closed and
bounded region the Extreme
Value Theorem tells us that a minimum and maximum value must exist.
The first step is to find all the critical points that are
in the disk (i.e. satisfy the
constraint). This is easy enough to do
for this problem. Here are the two
first order partial derivatives.
So, the only critical point is
At this point we proceed with Lagrange Multipliers and we
treat the constraint as an equality instead of the inequality. We only need to deal with the inequality
when finding the critical points.
So, here is the system of equations that we need to solve.
From the first equation we get,
If we have
The constraint then tells us that
If we'd performed a similar analysis on the second
equation we would arrive at the same points.
So, Lagrange Multipliers gives us four points to check :
To find the maximum and minimum we need to simply plug
these four points along with the critical point in the function.
In this case, the minimum was interior to the disk and the
maximum was on the boundary of the disk.
The final topic that we need to discuss in this section is
what to do if we have more than one constraint.
We will look only at two constraints, but we can naturally extend the
work here to more than two constraints.
We want to optimize
So, in this case we get two Lagrange Multipliers. Also, note that the first equation really is
three equations as we saw in the previous examples. Let's see an example of this kind of
optimization problem.
Example 5 Find
the maximum and minimum of
Verifying that we will have a minimum and maximum value
here is a little trickier. Clearly,
because of the second constraint we've got to have z in order to make
sure that the first constraint is met.
If one really wanted to determine that range you could find the
minimum and maximum values of z. We won't do that here. The point is only to acknowledge that once
again the possible solutions must lie in a closed and bounded region and so
minimum and maximum values must exist by the Extreme Value Theorem.
Here is the system of equations that we need to solve.
First, let's notice that from equation (16)
we get (14)
and equation (15)
and solving for x and y respectively gives,
Now, plug these into equation (18).
So, we have two cases to look at here. First, let's see what we get when
Plugging these into equation (17)
So, we've got one solution.
Let's now see what we get if we take
and there's a second solution.
Now all that we need to is check the two solutions in the
function to see which is the maximum and which is the minimum.
So, we have a maximum at


text:
Join Talking Angela in Paris, the city of love and style! Wow her and treat her like a princess because let's face it, she IS a princess.
Chat with her, buy her presents and choose her wardrobe. You can even smile at her or show her your tongue (but that's no way to treat a lady)!
Talking Angela will test your knowledge in the newly added trivia quizzes. To start a quiz, type any of these into the chat window: quiz, give me a quiz, start quiz.
She is not alone in the city though, you may see a familiar face pop up here and there but in a completely different role!
Talking Angela is a safe and family-friendly app! More at http://o7n.co/angela-safe-en.
This app is PRIVO certified. The PRIVO safe harbor seal indicates Outfit7 has established COPPA compliant privacy practices to protect your child's personal information. Our apps do not allow younger children to share their information.
- Pet Talking Angela and she will be happy.
- Use the "Gift" button to buy her drinks, accessories, clothes, makeup etc.
- Use the "Heart" button and make Angela read you a fortune cookie.
- Use the "Coat hanger" button to access Angela's wardrobe and change her appearance.
- Use the "Face" button to open the front camera and communicate with Angela through face gestures (nod or shake your head, smile, yawn or show your tongue).
- The "Face" button doesn't exist on iPhone 4 and older devices. You have to have an iPhone 4S or newer.
- You can chat with Angela only in ENGLISH.
- Press into the text field to start a conversation.
- Use the keyboard to type OR use dictation.
- Angela will answer with text and voice in English.
- Start trivia quizzes by typing any of these commands into the chat window: quiz, give me a quiz, start quiz.
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- Use commands like: sing to me, tell me a joke, buy drink.
Enjoy hours of fun with Angela!
LEGAL NOTICE: We are collecting anonymized data log files containing details on the usage of the app. More details: http://outfit7.com/privacy/
This app contains:
- Promotion of Outfit7's products and contextual advertising
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- Personalization of content to entice users to play the app again
- The option to make in-app purchases


text:
Grace Lee Designs is a line of simple-chic fine jewelry designed and made locally in Los Angeles, California. Grace Lee, formally educated and trained in Finance, began designing engagement rings as personal favors. After the birth of eldest daughter Olivia in 2008 – Grace left the world of finance to create a fine jewelry collection that could be worn everyday and be passed on to posterity.
Formerly branded as Oli+Me, Grace Lee Designs is a collection of minimal elegance ranging from simple gold pieces like the classic Whisper Ring to the intricately detailed Lace Ring. Each piece of the collection has been designed to be worn alone or layered with other pieces. The collection is made of solid 14 karat or 18 karat gold with diamonds or precious gems. Custom design services including engagement ring and wedding band design services are available on a case-by-case basis.
When asked where she finds inspiration for her collection Lee answers, "Life. Sometimes it is about function first. For example, the Whisper Ring was created when I was pregnant. My body was changing daily – literally – and I wanted to wear a ring that was barely there yet beautiful, the Whisper Ring was the answer. It's usually a fusion of form and function. I had always wanted to create a ring that looked as if you had wrapped a piece of lace around your finger. We went through many prototypes to create a thin and delicate yet strong Lace Ring. My designs are clean and simple. Chic minimalism – I think you get it or you don't."
Lee lives in a suburb outside of Los Angeles with her husband David and their daughters Olivia and Camilla.
Disc of black diamonds on adjustable colored cord.$108.00
The Petite version of our Lace Band. 14K Yellow Gold Product Details: Approximately 2.5mm wide$335.00


text:
100% Mercerized Egyptian Cotton5½ stitches/inch US 5 (3.75 mm) needles50 grams; 102 yards
Provence, one of our signature yarns, is a mercerized Egyptian cotton that knits into a strong and beautiful fabric. Egyptian cotton has two qualities that make it a great cotton yarn: a very long staple (fiber) length and a small diameter. The long staple gives the yarn strength and sheen; and the delicate diameter means that it spins into a soft, smooth yarn. Mercerizing makes a yarn that is stable, takes dye well, and is less likely to shrink.
© Copyright 2000-2018, Kibo Software, Inc. and Classic Elite Yarns. All Rights Reserved.
Aspects of the Kibo network are patented, patent-pending, or patent-applied-for.
For product questions, contact us.
For questions about your order, log into your account or email Click here (order questions only)
Classic Elite Yarns
16 Esquire Road, Unit 2
N. Billerica, MA 01862-2500 US
Phone: 978-408-2170
Fax: 978-328-5014


text:
CNET First Look
Toshiba Satellite T235D-S1345The Toshiba Satellite T235D-S1345 is a solid, slim and affordable 13-inch tweener laptop for ultraportable computing, but in a landscape of thinner and faster alternatives it no longer stands alone.
Hi I'm Scott Stein senior associate editor at cnet.com. And this is the Toshiba satellite. T 235 GS. Thirteen 45. What -- poetic and beautiful name that is what is a configuration. Of a laptop that we loved a lot last year that she was satellite T 135. And its various federations slim thirteen inch laptop that actually had a dual core low voltage processor that was actually. A lot faster than we find in netbooks. And was more affordable that we find Fuller powered laptops. Now about a year later we've come across this model that -- -- AMD tree into neo dual core processor inside. What that means is a lot faster than Adam processors you find in netbooks. It gives your pretty nice multi -- feeling streams videos really well and does basically everything you'd need. But it's not as fast as what you find music court -- -- -- by processor. In mainstream laptops. The price on this is 599. Which is the kicker and the tricky point. Because a 599 and only can you get like an iPad which is low -- but smaller you can also get a full -- -- laptop that leads us in the dust performance wise. Still what we really liked about this is the keyboard which is an improvement over the T 135 is -- -- raised keyboard. It actually looks a little slim and thin but feels great to type on. The track pad is wide and feels really responsive there's no optical drive -- this laptop which means you can't play dvds or burn dvds. Or CD's while would be willing to forgive the lack of optical drive and -- otherwise slim under four pound machine. Toshiba has another product that Toshiba portage JER 705 that we've recently reviewed. That is thinner than this lighter than this still includes an optical drive. And costs 799 for the -- reconfiguration. Now that's more money it's 200 dollars more than on the other hand you're gonna being a lot more laptop. Whether -- it's worth that investment to go up to that price point is up to you we can say that this machine while we'll Gareth on its design. Is actually pretty sturdy and it works. Really well for what we generally use it for. In terms of ports and -- it's not bad -- 320 gig hard drive built in four gigs of DDR three -- there -- three USB ports. One of which actually is a combo eSATA port and comes with Toshiba's ubiquitous sleep and charge. Which is great you can charge USB devices when asleep or even -- off they can I think basically giant battery when you're traveling. It's more useful than you think it is. And beyond that the speakers are okay they're not great really -- buying this for is the portability. And the battery life is OK it's over three hours but it's nothing spectacular truly noteworthy on this machine. Doesn't have any gaming graphics to speak out -- -- -- a -- looking that a laptop like this overall. It is. Really ultra portable for thirteen inch it's nice it's better constructed even then it looks. But you have to consideration when you wanna consider investing a little bit more in a laptop and might give you a little more punch for money. I'm Scott Stein and is the Toshiba satellite T 235.


text:
them tickets to the premiere of Cellula - A joyous glow-in-the-dark performance
of mitosis!
Presented by Z Puppets Rosenschnoz & In the Heart of the Beast Puppet & Mask
Theatre, January 27-February. 5.
Buy Tickets and see Event Info at
Get an extra bit of holiday glee for yourself by using the promo code: NEIGHBOR
for $3 off adult tickets for opening weekend.


text:
Thanks and also some details & instructions are welcomed :) :)
Sent from my HTC HD2
I am running on clk with 2.5.0 and I also have swap partition (created through CWM as in your description), but since 2.4.6 and also in 2.5.0 when I type "free" I have "0 0 0" for swap partition, also /system/etc/fstab" doesn't exist.
I did a completely clean installation of 2.5.0, no data partition, nothing.
Any idea?
Update: I now have the swap file by executing your "swap.sh" file from your instructions page. But I thought, this isn't neccessary with your own roms?
Hey listen i tried to open a2sd gui+ and it said it cant for the follwing reasons: not rooted which i know it is.
no ext partition which i know there is.
and no a2sd script which i dont know if there is or isnt?
And one more question if i created swap once and ran the script do i have to run it again on this new rom?? or i dont have to?
I know what needs to be done.
Check in your apps you will find app name phone prioritizer with grey icon
run it and push stop start
the superuser will pop up access question! allow it, and do stop start again.
then push MENU and select prefs , look if you have check box on enable one shot script after reboot.
if it's not set please report! thanks.
any way swap will be activated after 90 seconds since the phone prioritizer start on boot.
Thanks for your quick answer, I'll try that immediately and report back
I tried that, but it didn't activate my swap partition.
To clearify, I have a swap partition created via CWM (256MB). I HAVENT't ran your script "swap.sh" from the tutorial as I thought, this is included within your rom. Am I wrong here? Is it still neccessary to ran this script once to have 256MB swap? I assume it is and thats the fault?
Ok, i got in CLK with 1GB ext4+256 swap. No problem with DATA, i successfully restored my apps by Titanium. First look is very impressive. For now, I could not find something that does not work but I wonder what it does Prioritiezer Phone. On my SD card also came up a folder with some sripts with the same name. I'm sorry but I did not use before your Tweaks and not really know how it works. There is also a one, new thing for me. After first boot I chose the setup wizzard but I had to choose something else, what was that?
PS: Rom is damn fast
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Thursday 9th February 2017
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A growing tide of trade protectionism led by US president Donald Trump is one of the biggest uncertainties for New Zealand's Reserve Bank, governor Graeme Wheeler says.
The central bank kept the official cash rate 1.75 percent and adopted a neutral bias, with increases built into the track of the benchmark rate from mid-2019.
The election of Trump and the prospect of deregulation, tax reform, and infrastructure spending has driven up US interest rates on expectations the Federal Reserve will raise interest rates more aggressively than previously anticipated, and that had fed into the local market which was pricing in a chance of higher New Zealand rates as early as this year.
Wheeler told a press conference in Wellington that a neutral bias is "the right position" at this point, with risks to the outlook "evenly balanced", albeit with heightened uncertainty.
"We think the market assessment has got a bit ahead of itself at this point in time," Wheeler said. "We're happy with the track that we have."
Wheeler said the biggest uncertainty was whether US president Trump would embark on a more protectionist trade policy given the threats he'd made about introducing tariffs, and those could have "serious implications for the global economy" in an environment where international merchandise trade volumes were growing at their slowest pace since the early 1980s.
"It would raise inflation rates in the US, the Federal Reserve would need to push harder against rising inflation, so those interest rates would rise, the exchange rate in the US would probably rise, you'd see retaliation by other major countries," he said. "The biggest risk I think is the protectionist risk."
Treasury secretary Gabriel Makhlouf yesterday told Parliament's finance and expenditure committee that increased protectionism was a major risk to New Zealand given the nation's status as a small, isolated and trade-dependent nation. However, he was optimistic it could be overcome as New Zealand's trading partners across the Asia Pacific were more inclined towards freeing up those trade links, with protectionist rhetoric largely in developed western economies.
Speaking to BusinessDesk after the briefing, RBNZ deputy governor Grant Spencer said those heightened uncertainties made it prudent for central banks to adopt a wait-and-see attitude on how events play out, whereas investors were latching on to the prospect of US fiscal stimulus in driving equity markets higher.
"Markets tend to focus on the more positive things, and as 2017 unfolds we're going to see which of those two main factors predominates," Spencer said. "If there's measures that come out that look like that a trade war is emerging with China, that's the biggest risk, then the markets will probably start interpreting it more negatively."
The Reserve Bank is more upbeat about New Zealand's domestic outlook, with risks to the financial system abating as previously soaring house prices start moderating, and robust growth set to continue.
The RBNZ is still uneasy about the strength of the New Zealand dollar, which dropped half a US cent after the announcement and was recently trading at 72.44 US cents and 78.84 on a trade-weighted basis.
Wheeler said the currency needs to decline and was "higher than is sustainable for balanced growth and, together with low global inflation, continues to generate negative inflation in the tradables sector". When asked whether the conditions were ripe for an intervention, Wheeler declined to say whether it met the criteria to warrant action.
Spencer later said the track for US interest rate increases was expected to push up demand for the greenback, which would "give some relief on the kiwi exchange rate and we think a bit on the TWI as well."
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ARLINGTON, Texas (AP) - Ian Kinsler hit a go-ahead single with two outs in the eighth inning and the Texas Rangers gave their fans plenty of reasons to cheer in the home opener, beating Josh Hamilton and the Los Angeles Angels 3-2 Friday.
Hamilton was a five-time All-Star and the 2010 AL MVP while with Texas before going to the AL West-rival Angels with a $125 million, five-year contract over the winter. He finished 0 for 4 - he was booed when he was introduced, then cheered when he struck out twice.
Kinsler's sharp single to right was fielded by Hamilton, who short-hopped a throw to the plate as speedy Craig Gentry slid home for the tiebreaking run.


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1 CIVIL LIABILITY IN THE ARENA OF PROFESSIONAL SPORTS JEFFREY A. CITRON AND MARK ABLEMAN I. INTRODUCTION On February 21, 2000, Boston Bruins defenseman Marty McSorley struck Vancouver Canucks forward Donald Brashear on the side of the head with his hockey stick. Brashear was skating away from McSorley at the time. Immediately rendered unconscious and unable to brace his fall, Brashear fell backwards, violently banged the back of his head on the ice, and suffered a severe concussion which ended his season. The incident occurred late in the game after the outcome had already been decided in Vancouver s favour, without direct provocation and completely away from the ongoing play on the ice at that time. It was replayed on television and over the Internet across North America for days. The National Hockey League ( NHL ) immediately suspended McSorley from further play while reviewing the incident, and ultimately suspended him for one entire year of play. While hitting and violence are a part of NHL hockey, the McSorley/Brashear incident went far beyond anything that normally occurs in an NHL game so much so that the Province of British Columbia took the rare step of charging McSorley with the crime of assault. 1 Fortunately, Brashear recovered from his injuries and continued his career in the NHL the following season a career which saw Brashear sign a new contract prior to the 2002/03 NHL season for four years at U.S.$2 million per year. However, what might have happened if Brashear had been unable to resume his career? At the time of the McSorley/Brashear incident, there was some speculation as to whether Brashear might bring civil action against McSorley. Had Brashear been unable to resume his career and instituted civil action against McSorley and the Boston Bruins, the litigation would have been of great interest and importance since on-ice or on-field violence has rarely given rise to civil liability in the context of professional sports. Jeffrey A. Citron of Goodmans LLP, Toronto, Canada; LL.B. (University of Toronto, 1985) is a practicing lawyer in the corporate finance and sports law areas. Mark Ableman of Goodmans LLP, Toronto, Canada; BS (Indiana University, 1996), LL.B. (Queen's University, 2001) is a practicing lawyer in the corporate law area. The authors express their thanks to law student Catherine Youdan for her assistance in preparing this paper. 1 R v. McSorley, 2000 BCPC 116, [2000] B.C.J. No (Prov. Ct.) (QL) [McSorley].
2 194 U.B.C. LAW REVIEW 36:2 This paper examines the issue of civil liability of professional athletes for injuries inflicted during competition. Given the magnitude of the potential loss of future earnings that today s professional athlete faces if subject to a career ending injury, it may be just a matter of time until courts are faced with a particularly egregious incident of in-competition violence that may give rise to civil liability. Part II of this paper outlines the general tort law principles that would apply if a professional athlete were to sue an opposing athlete for injuries suffered as a result of the actions of that opposing athlete. Does the aggressor owe a duty of care to the victim? If so, what are the standards of liability? How does the doctrine of assumption of risk factor into this context when that doctrine has traditionally operated as a bar to recovery for players injured in the course of playing professional sports? Part III of this paper addresses the doctrine of vicarious liability; specifically, whether liability for the aggressor s actions might extend to his team, as his employer. If the aggressor s conduct was found to be actionable, would his team also have exposure to liability? Part IV of this paper deals briefly with the team s potential exposure based on the alternative theory of negligent supervision. Part V of this paper discusses the NHL s internal disciplinary system for on-ice violence relating to conduct that breaches the NHL s playing rules. How might this system of supplementary discipline and the conduct of the aggressor and his team/employer in the course of those proceedings impact on their ultimate civil liability? Finally, Part VI of this paper briefly reviews potential insurance implications that may arise in the context of a career-ending injury suffered by an NHL player. II. APPLICATION OF GENERAL TORT LAW PRINCIPLES IN THE CONTEXT OF PROFESSIONAL SPORTS A. OVERVIEW Sports such as hockey, football and boxing, whether played at the amateur or professional level, necessarily involve violent physical contact contact which, outside the context of athletic competition, could attract civil, and even criminal liability. It is widely accepted that participants in these sports assume, to some extent, the risks of injury inherent in playing such sports. Consequently, the injured athlete typically finds it difficult to succeed in lawsuits for sports injuries. 2 2 See Part II.B below for further analysis. Additionally, early decisions have demonstrated a concern that the law should not place unreasonable burdens on free and vigorous participation in sports. See the discussion in Parts II.A.2 and II.A.3 below.
3 2003 ARENA OF PROFESSIONAL SPORTS 195 In particular, professional sports are played by well-conditioned athletes, who have extensive knowledge of the rules and customs of the sports in which they choose to participate, as well as the inherent risks. These professional athletes are well compensated for taking those risks. Accordingly, injuries incurred as a result of participation in professional sports do not generally give rise to civil litigation. For the most part, the governing league imposes internal sanctions, such as penalties, fines and/or suspensions for injuries caused by the misconduct of a professional athlete in the heat of competition. While the maxim volenti non fit injuria (there is no injury if done to the willing person) applies to most incidents of sports violence, there are exceptions; occasions where a tortfeasor s behaviour is so egregious that a resulting injury may end in an award of damages. The difficulty, of course, is in determining what constitutes excessive conduct in the sports context so that the victim cannot be said to have assumed the risks emanating from such conduct. Until recently, personal injury litigation resulting from participation in sports has been primarily restricted to the recreational and amateur ranks, and the principles of tort law have been seen as having limited applicability in the context of professional sports. However, over the past few decades, the escalation of violence and injuries in professional sports has led to an increase in the number of injured professional athletes seeking redress through the civil courts. 3 Early decisions in this context demonstrate the difficulty courts have experienced in attempting to precisely determine the scope of conduct a professional athlete accepts through his or her voluntary participation. 4 Hackbart v. Cincinnati Bengals, Inc. 5 is a classic example of the courts initial reluctance to grant recovery to athletes for injuries sustained in the course of professional sporting events. This case arose out of a National Football League ( NFL ) game between the Cincinnati Bengals and the Denver Broncos in which the plaintiff, Hackbart, a defensive player for Denver, was severely injured after a Cincinnati pass was intercepted near the goal line. Hackbart attempted to block the defendant, Clark, an offensive player for Cincinnati, and fell to the ground. Clark, [a]cting out of anger and frustration, but without a specific intent to injure, stepped forward and struck a blow with his right forearm to the back of the kneeling plaintiff s head with sufficient force to cause both players to fall forward to the ground. 6 Hackbart 3 Linda S. Calvert Hanson & Craig Dernis, Revisiting Excessive Violence in the Professional Sports Arena: Changes in the Past Twenty Years? (1996) 6 Seton Hall J. Sport L The defences of consent and assumption of risk are discussed in Part II.B below F.Supp. 352 (D. Colo. 1977) [Hackbart I]. 6 Ibid. at 353.
4 196 U.B.C. LAW REVIEW 36:2 sustained a neck injury and was subsequently released by the Broncos. He sought recovery claiming, inter alia, reckless misconduct and, alternatively, negligence. The trial court held that [t]he character of NFL competition negates any notion that the playing conduct can be circumscribed by any standard of reasonableness 7 and rejected Hackbart s claim. By further concluding that the NFL has substituted the morality of the battlefield for that of the playing field, and the restraints of civilization have been left on the sidelines, 8 the trial court made a strong policy statement to the effect that the judiciary was ill-suited to the task of allocating fault in professional football games and that the legislative branch was better equipped to regulate misconduct in this industry. 9 The court also suggested that, as a result of the speed and violence in NFL competition, the difference between violations which could fairly be called deliberate, reckless or outrageous and those which are fair play would be so small and subjective as to be incapable of articulation. 10 Even if Clark had breached a duty that he owed to Hackbart, Hackbart must have recognized and accepted the risk that he would be injured by such an act. 11 These findings and conclusions were reversed on appeal. 12 The Tenth Circuit Court of Appeals held that Hackbart s claim was actionable and should not have been dismissed merely because the injury had occurred during a professional sporting event. The court stressed that there are no principles of law which allow a court to rule out certain tortious conduct by reason of general roughness of the game or difficulty of administering it. 13 The Tenth Circuit s holding in Hackbart II is significant in that it firmly establishes the applicability of tort principles to claims arising as a result of injuries sustained in the arena of professional sports. 14 This decision supports the fundamental policy of tort law that for every injury wrongfully inflicted, some redress under the law must be afforded since it is essential that citizens 7 Ibid. at Ibid. at Ibid. 10 Ibid. 11 Ibid. at 356. II]. 12 Hackbart v. Cincinnati Bengals, Inc., 601 F.2d. 516 (10th Cir. Colo. 1979) [Hackbart 13 Ibid. at Although Averill v. Luttrell, 311 S.W. 2d. 812 (Tenn. Ct. App. 1957) [Averill], is generally thought to be the first U.S. civil case in which a professional athlete successfully sued a fellow player for injuries sustained in the course of a sporting event (professional baseball game).
5 2003 ARENA OF PROFESSIONAL SPORTS 197 be able to look to their government for redress. 15 Over the past few decades, other courts have followed the Tenth Circuit s lead in Hackbart II, and the proposition that an athlete participating in a contact sport is immune from tort liability has been almost universally discredited. 16 Tort law is a mechanism for protecting individuals rights from unreasonable interference. 17 It involves the judicial imposition of a duty of care and a corresponding obligation to respond in damages for its breach. Despite the increased willingness exhibited by the judiciary to apply tort law principles in the context of professional sports injury litigation, courts continue to struggle with the question of the appropriate standard to be used in assessing a professional athlete s tort liability and with the application of the consent and assumption of risk defences. Courts in the United States and Canada have, to varying degrees, recognized three theories of tort recovery in the context of professional sports: (1) intentional torts; (2) negligence; and (3) recklessness. The prevailing view in the U.S. is that recovery will be limited to injuries incurred as a result of intentional or reckless conduct; simple negligence is generally regarded as an inappropriate basis for recovery. Unlike their U.S. counterparts, Canadian courts do not view negligence and recklessness as distinct theories of tort recovery. Consequently, in Canada, a professional athlete injured in the heat of competition must base an action to recover on either an intentional tort or negligence. However, an analysis of Canadian jurisprudence indicates that although courts in various Canadian provinces may utilize a negligence framework to assess an athlete s potential tort liability, cases arising out of sports injury litigation often turn more on reckless behaviour Supra note 12 at Gary A. Uberstine, ed., Law of Professional and Amateur Sports, looseleaf (St. Paul, Minn.: West Group, 1997) vol. 2 at 14.01[4]. The decision that first signaled the shift away from the notion of immunity for sports participants in Canada was Agar v. Canning (1965), 54 W.W.R. 302 (Man. Q.B.), aff'd. (1966), 55 W.W.R. 384 (Man. C.A.) [Agar]. 17 W. Page Keeton, ed., Prosser and Keeton on the Law of Torts, 5th ed. (St. Paul, Minn.: West Publishing Co., 1984) at The past few decades have not seen an increase in the number of injured professional athletes seeking redress through Canadian civil courts. Accordingly, resort must be had to the jurisprudence that has evolved in the areas of amateur and recreational sports injury litigation for guidance as to how the courts in this country might apply the principles of tort law when faced with an action brought by an injured professional athlete.
6 198 U.B.C. LAW REVIEW 36:2 1. INTENTIONAL TORTS Intentional torts, such as battery and assault, involve claims based on deliberate interference with another person, either through threats of physical contact or direct contact itself. 19 An act is considered to be intentional if it achieves a desired purpose or involves a consequence that is substantially certain. 20 A person who intentionally causes a harmful or offensive physical contact, however slight, with another person is liable for battery, the offensiveness being in the eyes of the recipient. 21 For example, a person who swings his or her fist (or a hockey stick for that matter) at another s face, and succeeds in connecting with it, commits a battery; the physical contact being a desired purpose of, or, at least substantially certain to occur from, the swing of the fist (or the stick). The defendant need not intend to physically harm or injure the plaintiff for a battery to arise. 22 According to Professor Allen Linden, [o]ffensive contact is enough, however trivial it may seem. 23 Assault is properly defined as the intentional creation of the apprehension of imminent harmful or offensive contact and damages are recoverable even though physical contact never actually occurs. 24 For example, purposely swinging a hockey stick at another constitutes assault. Although assault and battery should be distinguished, in most cases, the two are committed in rapid succession and are often referred to collectively as assault. 25 No court is likely to dispute the proposition that an intentional tort gives rise to a plausible cause of action in the context of sports injury litigation, with the caveat that the defence of implied consent may apply. 26 Averill is an early example of a U.S. court awarding damages for injuries sustained in a 19 John Barnes, Sports and the Law in Canada, 3d ed. (Markham, Ont.: Butterworths, 1996) at Ibid. at Allen M. Linden, Canadian Tort Law, 7th ed. (Markham, Ont.: Butterworths, 2001) at 22 Lewis N. Klar, Tort Law, 2d ed. (Scarborough, Ont.: Carswell, 1996) at Supra note 21 at Ibid. at Ibid. at 46. However, it should be noted that an assault can occur without a battery (e.g. swinging at someone and missing) and that a battery can be committed without an assault (e.g. hitting someone from behind). 26 Ray Yasser, In the Heat of Competition: Tort Liability of One Participant to Another; Why Can t Participants be Required to be Reasonable? (1995) 5 Seton Hall J. Sport L. 253 at 255.
7 2003 ARENA OF PROFESSIONAL SPORTS 199 professional sports contest on the basis of an intentional tort. 27 This case arose out of a professional baseball game in the Southern Baseball League between the Chattanooga Lookouts and the Nashville Vols. The plaintiff, Luttrell, played for Chattanooga and was at bat when the Nashville pitcher threatened to stick the next pitch in Luttrell s ear. After Luttrell dodged three pitches, the fourth brushed him. In response, Luttrell threw his bat in the direction of the pitcher s mound. Averill, Jr., the Nashville catcher, without any warning whatsoever, stepped up behind Luttrell and struck him with a hard blow on the side or back of the head with his fist. 28 Luttrell lost consciousness, fell facefirst to the ground, and fractured his jaw. Luttrell sued Averill, Jr. for assault and battery and was awarded damages in the amount of $5, Tomjanovich v. California Sports, Inc. 30 is another important case in the history and development of the body of law that relates to civil liability in the context of professional sports injury litigation. The plaintiff, Tomjanovich, playing for the Houston Rockets of the National Basketball Association ( NBA ), was punched in the face by Kermit Washington of the Los Angeles Lakers as Tomjanovich attempted to break up a fight between Washington and a fellow Rockets player. The blow fractured Tomjanovich s face and skull, crushed his jaw, broke his nose and caused a cerebral concussion which resulted in a loss of blood and leakage of spinal fluid from Tomjanovich s brain cavity. Tomjanovich brought suit against the Lakers alleging both vicarious liability and negligent supervision. The jury rendered its verdict in favour of Tomjanovich, finding the Lakers liable for the injuries caused as a result of Washington s battery. Tomjanovich was awarded approximately $3.25 million, including $1.5 million allocated as punitive damages. 31 The leading Canadian case involving an intentional tort in the sports context is Agar. 32 Unlike the U.S. cases discussed above, which emanate from the professional ranks, this case arose as a result of injuries sustained in an amateur hockey game. The plaintiff and defendant had followed the puck into 27 Courts in other jurisdictions have also recognized the applicability of intentional torts in the context of professional sports. For example, in Canterbury Bankstown Rugby League Football Club Ltd. v. Rogers; Bugden v. Rogers, (1993) Aust. Torts Reports , [1993] NSW LEXIS 7995 (N.S.W.C.A.) (Lexis) [Canterbury Bankstown cited to NSW LEXIS], a professional rugby player was awarded damages for injuries sustained as a result of a deliberate blow to the face by an opponent using his forearm in order to make a head high tackle. 28 Supra note 14 at Luttrell also sued Averill, Jr. s employer, the Nashville Baseball Club ( NBC ), on the basis of the doctrine of vicarious liability. See the discussion in Part III below. 30 [1979] U.S. Dist. LEXIS 9282 (S.D. Tex. 1979) (Lexis) [Tomjanovich]. 31 This case was later settled for an undisclosed amount. 32 Supra note 16.
8 200 U.B.C. LAW REVIEW 36:2 a corner of the rink, where the defendant body-checked the plaintiff, took possession of the puck and began to skate with it in the direction of the opposite goal. The plaintiff attempted to slow the defendant down by hooking him with his stick and in so doing hit the defendant in the back of the neck. The defendant stopped, turned around, and holding his stick with both hands, brought it down on the plaintiff s face. As a result of the blow, the plaintiff lost consciousness, the effective sight of his right eye and suffered a broken nose. The trial judge assessed general damages at $5,750, but reduced this amount by one-third on account of provocation. The judgment was upheld on appeal. Subsequent Canadian cases in the amateur sports context have similarly found hockey and other players liable for intentional blows delivered to opponents in the heat of competition. In another Canadian case, Holt v. Verbruggen, 33 the court had no difficulty holding that the defendant, who had taken a wild, baseball-bat-type swing at the plaintiff, was liable for assault. 34 The problem with the application of intentional tort theory in professional sports is that, unlike cases such as Agar and Holt where the conduct is sudden and an obvious deviation from play, it is often difficult to prove the required element of intent. As discussed, even though the act need not be accompanied by intent to do physical harm, the contact resulting therefrom must be a desired purpose of the act or that which a reasonable person would be substantially certain would follow from the act. In contact professional sports, and in hockey in particular, the speed and frequency of contact may make this difficult to establish. 35 At McSorley s criminal trial, he testified that it was his intention to hit Brashear in the shoulder in an attempt to provoke Brashear into a fight, and that his stick accidentally rode up and hit Brashear in the side of the head. Although the evidence did not suggest that McSorley was intending to cause any physical harm through the use of his stick, the blow to Brashear s head, coupled with McSorley s admission as to his intent to strike Brashear, would almost certainly have been sufficient to establish the requisite elements of the intentional tort of battery had the matter been tried as a civil action (1981), 20 C.C.L.T. 29 (B.C.S.C.) [Holt]. 34 Ibid. See also Pettis v. McNeil (1979), 32 N.S.R. (2d) 146, 8 C.C.L.T. 299 (S.C.) (defendant hockey player who struck plaintiff in face with stick found liable for assault) and Martin v. Daigle (1969), 1 N.B.R. (2d) 755, 6 D.L.R. (3d) 634 (C.A.) (defendant hockey player punched plaintiff with fist during game found liable for assault). 35 Barbara Hink, Compensating Injured Pro Athletes: The Mystique of Sport Versus Traditional Tort Principles (1980) 55 N.Y.U.L. Rev. 971 at Subject to the defence of consent (as discussed in Part II.B below).
9 2003 ARENA OF PROFESSIONAL SPORTS NEGLIGENCE While it has been generally established that the intentional tort is an appropriate cause of action in the context of professional sports injury litigation, many courts, especially in the U.S., have articulated the view that simple negligence is insufficient to give rise to liability in that context. The essence of a negligence action is conduct that results in an unreasonable risk of harm to another. 37 Professor Linden has noted that a cause of action for negligence arises if the following elements are present: (1) the claimant must suffer some damage; (2) the damage suffered must be caused by the conduct of the defendant; (3) the defendant s conduct must be negligent, that is, in breach of the standard of care set by the law; (4) there must be a duty of care recognized by the law to avoid this damage; (5) the conduct of the defendant must be a proximate cause of the loss or, stated another way, the damage should not be too remote a result of the defendant s conduct; (6) the conduct of the plaintiff should not be such as to bar or reduce recovery, that is the plaintiff must not be guilty of contributory negligence and must not voluntarily assume the risk. 38 Hackbart II illustrates the tendency of courts to view the negligence theory of tort recovery as insufficient to give rise to liability in the professional sports context. In Hackbart II, the Tenth Circuit Court of Appeals stated that subjecting another to unreasonable risk of harm, the essence of negligence, is inherent in the game of football, for admittedly it is violent. 39 The collegiate hockey case of Gauvin v. Clark 40 echoes this sentiment. In that case, Gauvin, the plaintiff, was struck in the abdomen with the butt-end of an opponent s hockey stick, resulting in hospitalization and surgery. His spleen was removed and he missed seven weeks of school. The court in Gauvin noted that the majority of jurisdictions that have considered the duty of care of participants in a sports competition have concluded that personal injury cases arising out of such competition must be based on reckless disregard for safety. 41 The 37 Uberstine, supra note 16, vol. 2 at 14.01[3]. 38 Supra note 21 at Supra note 12 at N.E.2d 94 (Mass. 1989) [Gauvin]. 41 Ibid. at 97.
10 202 U.B.C. LAW REVIEW 36:2 court agreed and similarly rejected the negligence cause of action stating that [p]recluding the imposition of liability in cases of negligence without reckless misconduct furthers the policy that [v]igorous and active participation in sporting events should not be chilled by the threat of litigation. 42 Courts in a few U.S. jurisdictions have rejected the approach endorsed by Hackbart II and Gauvin and allowed actions based on mere negligence. For the most part, however, these cases involve injuries incurred in the course of recreational contact sports, as opposed to injuries arising out of professional competition. 43 However, there is, in at least one state, authority for the application of the negligence standard in the professional context as well. In Babych v. McRae et al., 44 Babych, a professional hockey player employed by the Hartford Whalers, brought suit against the defendant, McRae, of the Quebec Nordiques and the defendant s employer, the Club De Hockey Les Nordiques, for personal injuries incurred during an NHL game. Babych alleged that McRae struck him across his right knee causing personal injury and financial losses. Babych contended that the injuries and losses were caused by McRae s negligence in that, inter alia, he swung his stick when he knew or should have known that such action could cause serious injury. The defendants filed a motion to strike the claim on the ground that the negligence alleged by Babych failed to state a legally sufficient cause of action. The court noted that there was no analogous Connecticut case law barring a negligence action in the context of sports co-participant cases. The court denied the defendants motion to strike, holding that ordinary negligence is, in fact, a legally sufficient cause of action when one professional sports participant injures another. Owing in large part to the fact that Canadian courts do not, at least in theory, distinguish between negligence and recklessness, the case law that has developed in Canada in the area of sports injury litigation differs from that in the U.S. Canadian courts are more likely to utilize a negligence standard in assessing a participant s tort liability. 45 There appears, however, to be a jurisdictional split on the issue of negligence between those courts that are willing to impose liability based on this standard and those which are not. The decision of the Manitoba Queen s Bench in Agar is fairly consistent with the prevailing U.S. view; namely, that ordinary negligence is an 42 Ibid. quoting from Kabella v. Bouschelle, 100 N.M. 461 (1983). 43 Yasser, In the Heat of Competition, supra note A.2d 1269, 41 Conn. Supp. 280 (Super. Ct. 1989). 45 Although unlike their U.S. counterparts, Canadian courts have yet to consider the application of the ordinary negligence theory of tort liability to a claim arising out of a professional sporting event.
11 2003 ARENA OF PROFESSIONAL SPORTS 203 insufficient basis for an injured athlete to recover damages. It was suggested therein, [a] person who engages in [the sport of hockey] must be assumed to accept the risk of accidental harm and to waive any claim he would have apart from the game for trespass to his person in return for enjoying a corresponding immunity with respect to other players. 46 The court went on to hold that it would be inconsistent with the notion of implied consent to impose a duty on a player to look out for the well-being of fellow players corresponding to the duty which, outside of the context of a hockey game, gives rise to a claim for negligence. 47 One commentator has noted that courts in most Canadian provinces, influenced by the holding in Agar, require more than ordinary negligence as a basis for recovery. 48 Champagne v. Cummings, 49 a case involving a recreational hockey player participating in a weekend men s tournament who alleged that the injuries he suffered during one of the games occurred as a result of the defendant s negligence, illustrates this approach. After discussing the principle espoused in Agar, the court suggested that a retaliatory blow, struck in anger, even though provoked, may go beyond the immunity conferred by this principle and amounts to actionable negligence. 50 However, the judge subsequently concluded that the evidence does not support a finding that [the defendant] intended to strike the plaintiff with his stick or to injure him. 51 Since an intention to act with knowledge that the action contains a risk of harm is a requirement of the recklessness standard, it can be argued that the court was actually suggesting that the recklessness standard should apply. The court clearly articulated a standard different from the inadvertence, lack of skilfulness or failure to take precautions that characterizes ordinary negligence. On the other hand, courts in British Columbia tend to accept that simple negligence can give rise to tort liability in the context of athletic competition. An example of this approach is Herok v. Wegrzanowski. 52 In that case, the 46 Supra note 16 at Ibid. 48 Geoffrey M. Moore, Has Hockey Been Checked from Behind North of the Border? Unruh, Zapf, and Canada s Participant Liability Standard (1998) 5 Sports Law. J. 1 at 10. See also the discussion in Part II.A.3 below. Some Canadian cases utilize a negligence framework for assessing liability, however, require intent or recklessness if recovery is to be permitted. 49 [1999] O.J. No (Sup. Ct.) (QL) [Champagne]. 50 Ibid at para Ibid at para. 10 [emphasis added]. 52 (1985), 34 A.C.W.S. (2d) 296, [1985] B.C.J. No (B.C.C.A.) (QL) [Herok cited to A.C.W.S.].
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