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Dating Can Be Hard When You're An Entrepreneur
Right. I'm not going to lie. When you're busy all the time working on a business, finding the right person to date can be hard. I mean, you're already doing all you can to keep your company afloat, do you really want to worry about finding someone, too? Your friends are probably all dating someone, and they probably met them at the park, or maybe online, but they have someone.
And you don't.
And it gets to you sometimes. It's not that you need more things to worry about, you just kind of want someone there sometimes.
So you go online and make an online dating profile. Do you get any matches? Yeah, but not from anyone you want to date.
This article is basically because I am totally in awe of Ladan Radafshar, president of FernDate. Fern is a site that provides online dating help in Portland. Essentially, for people that haven't had any luck online, they will make a new profile for you so you can advertise yourself correctly. You get a photoshoot, too, which will get you better pics than the ones you took on your device. They will even evaluate the matches for you. If you feel like outsourcing your dating life, obviously.
It all comes at a price, though. How much would you pay to be matched with the right person for you? It's not cheap, but if you're already successful in every realm except love, it might be worth it.
Actually, this is a great idea. People outsource just about everything else already, why not have someone get you dates? Maybe you still meet people outside in public. Maybe you're not even sure how this service is necessary. Mostly, Ms. Radafshar just fits the idea of our blog. Startupladies is dedicated to focusing on your projects and the issues that come with them, of which getting someone to date is a problem that many entrepreneurs face. It looks like she is actually making this a thing of the past. If anyone is having trouble meeting people online, this may actually be the thing for them. It's definitely something to consider for those of you who aren't really where you want to be with your internet dating. For those of you who think this couldn't even be real, prepare to be impressed. There's one thing you can bet on, and that's that people prefer love. Can you put a price on love? Maybe.
Separating Books
Many of the blogs I've written have been about starting your projects and running your own company. The thing I have realized is that there is a lot of stuff to do and if you don't necessarily want to do it all yourself you can have other people do some of it for you. For example, when I am thinking about how to put together documentation to send to people detailing the fine points of their services, that's not necessarily something that I am good at so I have other people do some of it. Another reason to do that is because other people will be able to do that while I am working on other stuff. The other thing I have been thinking about having other people do is manage some of my credits. I was looking at a few different businesses that will do this and seeing which ones I would choose. I was looking at smart books online because it seems like they have a lot of things that they do that I think would be great. The other treason is because that way I can just give them what I Need or what they need and I will be able to work on other things.
This is actually a big way that people do things and you wouldn't necessarily think of it but it's pretty beneficial if you think about it. When I learned I was like hey, that is weird, but it makes sense, because if one person is going to be doing everything then it would be less productive than having other people help some of it. So since there are other people at different businesses that do it for you, it means you can let them do it and then do the rest of the stuff yourself. At least I am going to see if this is something that I can do, I'm not sure as I haven't tried it yet, but it's something you should pay attention to if you are going to be overseeing some of the sections of your company. So that you will be able to keep an eye on things more easily and not necessarily have to worry about doing all of the little things that you would otherwise have to do yourself. And in this way it's possible that you can have a decent understanding of everything that is going on rather than having to keep focusing on all of the individual projects alone.
Take a Break
I always thought it would be cool to have my own little cabin with my own little outside grounds where I could do whatever I wanted. That may just be something that you think about when you have been in your workspace for too long and want to just go outside and then you go on out and realize that you are surrounded by buildings and people going to their places of preferred beverage creations so they can get their energy fix and then head back to their job. It's amazing really to think that when you are all around this kind of thing it kind of gets into your idea of what you are supposed to do. There is nothing wrong with being steadfast about your job, but I think that maybe some people need to give some thought to if that is all they want to do.
However I probably shouldn't be talking since I probably work as much as the people I am discussing here.
But wouldn't it be cool to just be in your own little spot and have a stroll out back and take in the sights or whatever. You could put up some things to give it your own flavor. Having those kinds of breaks can help increase your enthusiasm for the work you're doing, and I would set up my own little garden with some flower and stuff and I'd have cast iron garden furniture there and I would have some grass that would be all over the outdoors and you could make a point to notice how real everything feels. That's what I would do.
But of course, that's like the opposite from where I am. And that's fine, because I like what I do but it's not like I wouldn't enjoy a little break every so often, especially if you are trying to get some details figured out that are just being confusing and you're having to take on moped type construction in the way of all the things you are trying to do. But that's how we like things to be, isn't it. My entire point is that if you could have something to do to get your relaxation in it would make some substantial improvements in the rest of everything you do, and for me that would take variety of a scene like how I mentioned where I could be around things that would help me relax.
Commercial Marketing
My friend has got that gotta-get-a-new-car-deal thing. We were having lunch the other day and he asked if I'd seen the commercials for some new BMW or whatever and I said no. He then started telling me how cool it was and how he wanted to go test drive one and he was wanting a new car. I was thinking that his car is just fine and he doesn't need a new one, but I guess it's not always an issue of needing one if you happen to want one. But really, my friend is really into cars and I am kind of the same way except I'm not quite as excited about all of that stuff as him. So he was telling me he's going to go try and test drive one and if he likes it he's going to lease it. Now to be fair, I don't think that leasing is always a good option in many cases, but I think for him it might work out. He doesn't really keep his cars for that long so if he wants to drive it for a few years and then get another vehicle that's actually a situation in which leasing may be more practical than the other options.
Any time I see a car commercial I think of my friend. I figure he's probably watching it, ignoring whatever he was talking about prior to that commercial coming on, and thinking about how much he wants that car. He's the guy who wants to get a big house with a big garage so he can keep all his vehicles in there and work on them or drive them or just go out there and be around them when he wants to.
Of course, I think he's got a ways to go before he gets there since he only has one car right now and I don't know that leasing vehicles is the way to amass wealth, but like I said it will probably work for him. I know that he's going to eventually get one of those cars he was telling me about. He'll go absolutely find the best luxury car lease deals and go with whoever is offering them and he'll drive home one day in his new car and call me and be like "hey, come check this out" and I'll head over there and he'll be in the driveway next to his new car and he'll be all silly and pumped up. It's just what he does!
Find Another Girlfriend
My friend said that his girlfriend said she's going to dump him. I asked him why and he said it's because she said he snores. I asked him if he knew if there was anything else and she said no it was just that, and she doesn't think she can get a good night's sleep when they are together. I ask him if she snored, too, and he said no. But I think that is must be bothering her or she might just be looking for an excuse to end it. She's kind of strange like that and I think that she would just want to break up with him and give him some reason so she doesn't have to say that she doesn't like him that much. He tells me about the things she says and I have told him that he should break up with her but he doesn't want to listen to me although I think he is starting to realize that she is a bit weird when it comes to some things. I'm not really the kind of person to tell someone what they should do in their relationship unless they ask, but he has asked me before and I've told him that I think they should break up because she doesn't seem like she's really a good match for him and she is going to probably dump him anyway. I guess she has mentioned it before and they tried to work through things or whatever but I don't really like her that much anyway so if they broke up I wouldn't really be upset. My friend would, but I think he would get over it because he would realize that he can get someone who isn't as mean as she is. Seriously, she's just like mean to me even and I'm not even her friend. I'm like what is your problem and then she's like what are you talking about. Obviously we don't get along that well. I think that she's probably just trying to end the relationship without actually having to end it. It's something that is easier than actually having to tell the other person that you don't like them, although it tends to make things get a bit bizarre at the same time. Alright, so I told my friend that he should check out this withoutsnoring website and maybe there is something there he can use, if in fact he actually snores and she's not just saying that as an excuse.
A Day Off
I pretty much got nothing done today because I wasn't feeling well. If I had a normal job I would've had to use a sick day and stay home from work today. I wish I could say the reason is because I have a very bad cold, or the flu. But it was a simple headache that did me in–and it isn't the first time, either.
I've suffered headaches on and off for as long as I can remember. I recall needing to go home early from high school because of bad headaches and being prescribed something for them, but I don't recall what the medication was or whether it worked. I'm almost 33 now so that's a relatively long history of them at my age. They have evolved over the years, as well. I was reading about this new thing called Migralex that is supposed to to help with different types of headaches. Certain things that never gave me trouble in the past (such as alcohol) will now trigger headaches in me, even after just a couple beers or a single glass of wine. I need to be very careful with alcohol for this reason, or avoid it altogether.
Which brings me to one major reason why I hate telling people I have a headache. If I mention the reason I'm staying home, then I feel as if people think I have a hangover, not a headache, and am lying about it. That's absolutely not the case, and has never been. I drink maybe three times a year, and I don't remember the last time I got straight-up drunk! At most I just get a little buzz and even that is pushing it–as I mentioned, sometimes one glass of wind will guarantee that I am crippled by a nasty headache the next day.
To further complicate this, I know some people who are well-known for partying hard and they can, and will, call in sick with hangovers. They sometimes try to pass the hangover off as a headache but it's obvious they are hungover since they posted statuses or photos involving their alcohol-fueled shenanigans the night before. It's insulting to people that truly do suffer from headaches when people do this.
My day off today consisted of applying a heat pad to the back of my neck and an ice pack to my forehead while watching bad horror movies on Netflix. I know many people and websites say that it's better to lay in a dark room when you have a headache, but I can't do this. My mind wanders and all I can focus on is the throbbing pain in my head. At least brainless television distracts me from this without requiring me to think.
A Little Thing That Makes A Huge Impression
Some of you may remember an earlier post I did about coming up with a name for your company and how it can actually be quite a challenge despite seeming simple. There's another aspect of branding that goes along with choosing a name, and that's creating a logo.
Now, those of you that are creatively-minded and artistic might jump at the chance to design your own. In fact, I know there are some people who will actually enjoy that part more than the actual building of their business, but for those of us who have little artistic talent or vision, it's probably best to leave your logo design to the professionals.
Think having a good logo isn't important? Think again. How many logos you see on a daily basis? Sometimes they're incorporated with the companies' name, but sometimes they just stand alone and you still recognize them. Why? Because the designs are easily recognizable and well done. Imagine you're at a coffee shop and the person sitting across from you is using a MacBook. You can see the Apple logo on the top. It doesn't actually say "Apple," but you still recognize it.
What about Adidas? AT&T? Shell gasoline? Audi? VW? You recognize all of these companies without even seeing their name.
Marketing consultants will tell you that this image recognition is a large part of branding because it has to do with getting people used to seeing your company, etc. etc., and they are absolutely correct. And it can have the opposite effect, too. A logo that is poorly designed, or even offensive, can push customers away and leave them with a negative opinion of you.
So back to the topic at hand. What do you do if you're like me and you need a design but you don't have an artistic bone in your body? You have two choices:
1) Try to design it yourself (which in my case means it will probably come out looking like a 5 year old did it)
2) Have a professional online logo maker like Logaster do all the design work for you so you can focus on running your business and leave the artsy stuff to people with talent
The way I look at it is it's my business. I want to make a good impression in all instances when people are exposed to it, whether on my website, business cards, advertisements, or letterhead. Having a good logo is like wearing a suit to a business meeting; you don't have to do it, but you might not make the impression you want if you don't.
As you know I've written a few entries about how, as an entrepreneur, you sometimes have to give up things in the short term in order to hopefully get even better things in the long term. For example, I talked about how living in a smaller apartment can help you save money that you can invest into your business. Sure, you might be able to afford a bigger place, but do you need one? Probably not.
Sure, you could afford to go out to dinner more often, but do you really need to? Shouldn't you be working, anyway? It's cheaper to make something at home and eat it at your desk.
Well, I was recently reminded of this "save now for future benefit" thing again. A few of my friends are planning a surf camp vacation in Costa Rica this summer.
I will not be going.
And I am jealous.
I need to save money and as you may know, it's hard to take a week off when you're working on starting your own company. Once things are up and running, maybe, but not in the early phases. I'd be super behind if I did that. And course, I need to save the money that I would otherwise spend on that trip. Partying and learning to surf for a week definitely sounds like something I would be interested in, and was it ever hard to turn it down, but sometimes you gotta do what you gotta do.
So I told my friends they better send me daily pictures and updates. I have a feeling that might just make me even more jealous, though. Here I am in my small apartment working and my friends are all out learning to surf in beautiful Costa Rica. Ok, now I'm getting depressed, because I'm basically just taking a break to write this entry and then I'm gonna get back to working.
It's kind of weird, though. After a while you get used to saving money and being frugal and stuff and then it doesn't really hurt that much to not do things because you really can justify that it wouldn't be a good use of money. My old roommate and best friend is one of those people who impulse buys like crazy every time she goes shopping. You know how they put those impulse items in the checkout lines at the grocery stores? She'll buy at least one or two things from each trip. I used to do the same. It's like, "that [insert candy or magazine] looks so good!" And then you pick up the magazine to read the article you saw advertised on the cover (which almost always ends up not being what you expected) and realize that you're about to spend $4.99 for a magazine.
Now I hate spending money. Do I want to spend $4.99 on that? No. That's a lot of money. Who buys that stuff, anyway?
It's empowering to feel that way.
I Think These Are So Cool!
I know I usually write about business type stuff but I'm just going to be a girl in this post!
I have always loved funky, unique pieces of clothing or jewelry. When I was in college, my outfits could be pretty wild and in-your-face! But now that I'm older, although I still love funky accessories or clothes, my taste is much more subdued and mature.
In fact, I prefer unique accessories over clothing itself—accessories are easily interchangeable and can be used or worn on a near-daily basis without making you seem like a hobo, like wearing the same clothes daily could do! I love searching out and purchasing one-of-a-kind or different accessories. In example, I found some hand-printed silk scarves made by an artisan last year—she only created a set number of each design. They were kind of pricey but completely worth the purchase! I also have all kinds of bags, for different occasions. If it looks unusual or really cool then chances are good that I will want it! Shoes are another love of mine—I have so many different pairs of shoes, each one of them unusual in some way that at home, they have overflowed from my closet to boxes beneath my bed. It drives my husband kind of crazy but to be fair, I don't have that many clothes (well, relative to some women that I know, anyway). My clothing takes up maybe half my closet space and I will routinely go through my wardrobe to give away or toss outdated pieces.
Out of all accessories available to wear, however, I think that I love jewelry the most. I have countless pieces of jewelry! Some pieces are from my husband and friends, but most were purchased by me, for me, in my excursions around the World Wide Web. I especially like hand-made, one-of-a-kind pieces of jewelry, and also odd-looking jewelry. The weirder or more unusual the jewelry, the better!
The other day, I was looking around online during lunch at work and found something called a spoon ring. I had not heard of this before so I looked through several photos. It turns out that spoon rings are the handles of either authentic or re-created vintage spoon handles, curved into a circular shape (with the spoon head removed) so that one can wear it as a ring. The curved spoon handles are polished and smoothed down on the inside that they are comfortable to wear on the finger. I found several stunning, intricate designs that I would love to have in my jewelry collection. This weekend, when I have more time to browse, I plan to look online for more spoon rings and buy a few for both myself and friends!
When Your Mind Wanders Off
As you work to build your business, you may occasionally find yourself daydreaming. It could be about a delicious meal (since you are living frugally while focusing on your business, right?), or maybe the car you want to buy when you sell your business, or maybe you've just been up working all day and are daydreaming about how comfortable your bed is going to be.
I've been daydreaming about traveling. I want to go somewhere far away, somewhere exotic. I want go somewhere where they don't speak English and the food is delicious and every day is an adventure and there's a bunch of fun stuff to do and the scenery is beautiful and I can meet cool people and not have to worry about work or anything like that. There should be a beach where I can just relax and drink fruity drinks and watch the waves and the people and forget about everything that's on my mind. Somewhere like Indonesia. It's on the other side of the planet, everyone is supposedly super friendly, they have a bunch of (presumably delicious) spicy food, they have world-class snorkeling and beaches, and they speak Indonesian. I'd visit the major islands, take in the sites, relax on the beach, eat some food, stay at a hotel Bandung, and just chill out for a while.
The problem, though, is that I'd probably either get a little too relaxed and end up staying there too long or wanting to move there and letting my business suffer, or I wouldn't be able to relax enough because I'd keep thinking about work the whole time and be sitting there on the beach like "yeah, this is cool, I wonder how many emails I've gotten today. I wonder if any of them are urgent enough that I should be responding to them now. I wonder if anyone is trying to get a hold of me," etc. I've always been kind of high strung like that, so as you can see, I really need a vacation!
Of course once it's over you come back to reality. I'm not sure how I'd deal with that, and that's part of the reason I have trouble relaxing in the first place; I always know that "real life" is waiting for me when I get back, so I have trouble getting lost in the moment.
That's actually something I want to work on. I've heard meditation can be helpful with that so maybe it's something I should look into.


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Digital conversion
Benefits of flash to html5 transition (Tips )Over the years, Flash has been the most prominent media plugin used in the cyber space. However, it had certain problems inherent in it. Flash requires constant updates to make the features accessible. Moreover, it is not compatible with mobile browsers, which makes it necessary to access it through desktops. Even on iOS devices, the
How to Use XML Conversion to Improve your Online Publishing Business?As the section of readers embracing eBooks is augmenting with each passing year, the prospects of ePublishing business have also been falling on the brighter side. The opportunities brought about by the emergence of ecommerce websites are an important catalyst that helped the growth of the industry giving more possibilities for publishers and authors. As

subset: commoncrawl


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If you do something and it turns out pretty good, then you should go do something else wonderful, not dwell on it for too long. Just figure out what's next…
Steven Paul Jobs (1955 -2011)
This is it…
We want to take this opportunity to thank everybody who made it possible for us to build great products and services. We are here today because we believed in ourselves and some people took a chance on us and let our imaginations run freely.
You might be curious, why are we making this decision?
Well, some things are better left untold.
The future is bright and you can expect much more from us.


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Fitness First @ One George Street
Save time in delivering Locker Cards to Members & Prevent Strain on Staff Eyesight during search for Membership Cards.
Current situation:
Front of Locker Card = Blue
Back of Locker Card = White
Front of Card facing towards staff in folder.
Membership Card = Blue
Color Contrast issue.
Front of Card = Blue blends with the other Blue Membership cards in the folder, delaying time to retrieve for membership card from folder. One Fitness First Branch actually has the back of the Locker Card (white) facing towards the staff; this does not apply to other branch leading to inconsistent operation practice? Solution: Back of Locker Cards (white) facing towards staff.


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DC Comics Wonder Woman Scoop Neck Dress
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WASHINGTON — Two former Blackwater security guards were arrested Thursday on murder charges stemming from a shooting in Afghanistan last May that left two Afghans dead and a third wounded, the Justice Department said.
The arrests came just days after a federal district judge dismissed a separate criminal case against five other former Blackwater security guards involved in a 2007 shooting in Nisour Square in Baghdad that left at least 17 Iraqi civilians dead. In that decision, Judge Ricardo M. Urbina offered scathing criticism of the prosecution's handling of the case.
Thursday's arrests seemed to signal that the Justice Department did not plan to abandon its scrutiny of Blackwater despite its defeat in the Nisour Square case.
Separately, some of the victims of the Nisour Square shooting have reached a settlement with Blackwater, now known as Xe Services, in several civil lawsuits. The survivors and families of the victims agreed to drop their case in return for an undisclosed financial settlement.
In the criminal case involving Blackwater in Afghanistan, the two former guards — Justin Cannon, 27, of Corpus Christi, Tex., and Christopher Drotleff, 29, of Virginia Beach, Va. — were arrested after being indicted in federal court in Virginia on charges of second-degree murder, attempted murder and firearms violations. At the time of the May 5 shooting in Kabul, the men were working for Paravant LLC, a subsidiary of Xe Services, and under a contract they were assigned to train Afghan soldiers.Continue reading the main story
Mark Corallo, a spokesman for Xe Services, said the company "immediately and fully cooperated with the government's investigation of this tragic incident and terminated the individuals involved for violating company policy."
In a recent interview with The Associated Press, Mr. Drotleff defended his actions in the shooting, saying: "I feel comfortable firing my weapon anytime I feel my life is in danger. That night, my life was 100 percent in danger."
In Iraq, victims of the Nisour Square shooting said they had accepted the settlement because they worried that it was their last chance for compensation.
Abdel Amir Rahim Jihan, who was shot three times in the legs, said he would receive $30,000.
"Our rights were not redressed," said Mr. Jihan, 45. "We didn't achieve victory. But the legal procedures take a long time, and we were given the choice to either settle or not. I did." He is among at least 10 other victims who accepted the settlement.
Susan Burke, a Washington lawyer representing the victims, declined to comment about the settlement. Xe Services said that the settlement "enables Xe's new management to move the company forward free of the costs and distraction of ongoing litigation, and provides some compensation to Iraqi families."
Another group of 10 victims represented by a different law firm said they had not yet been offered settlements.
The Iraqi government, furious that the criminal case in the Nisour Square shootings was dismissed, is considering filing a civil lawsuit against Blackwater in American courts, Iraqi government officials said this week.
Meanwhile, the security company's involvement in clandestine operations with the Central Intelligence Agency surfaced this week after the disclosure that two of its employees had been killed along with five officers of the C.I.A. and a Jordanian intelligence agent in a suicide bombing at a base in Khost, Afghanistan.
The company's employees were identified as Jeremy Wise, 35, a former member of the Navy Seals, and Dane Clark Paresi, 46, who had served for years in the Army's Special Forces. They had been assigned to provide security to C.I.A. officers at Forward Operating Base Chapman in Khost, where a Jordanian double agent acted as a suicide bomber and killed eight people, including the C.I.A.'s chief of the base.
A former Blackwater employee who worked for the company in Pakistan and Afghanistan said that the security personnel were assigned to that base to provide personal security for the C.I.A. officers, especially when they left the base to gather intelligence.
The former Blackwater employee, who asked not to be identified in order to discuss the firm's operations, said: "The B.W. guys' only role is to protect the agency personnel when they go downrange to investigate and disseminate intelligence. But they are not used for any of the actual interrogations."
The C.I.A. has used the Chapman base in Khost to gather information from paid informants on members of the Taliban and Al Qaeda, who are then attacked either by Predator drones or by more conventional American or Afghan forces.
An article on Jan. 1 about a court decision to dismiss the indictment of former Blackwater security guards over a shooting in Baghdad in 2007 that left 17 Iraqis dead misstated, in some copies, the number of guards affected. It was five, not four. (The error was repeated in an article on Jan. 8 about the arrest of two other former guards for the company on murder charges from a shooting in Afghanistan last May.)
And because of an editing error, the Jan. 1 article misstated, in some copies, the circumstances under which the company, now called Xe Services, was operating in Iraq after the 2007 shooting. It was working without a formal operating license while trying to get one; it was not trying to keep an existing license. (The same error appeared in an article on April 4, 2009, about job prospects for former guards in Iraq after the company lost its contract to protect American diplomats there.)


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What is Myofascial Pain?
Myofascial pain syndrome (MPS) is a musculoskeletal pain syndrome associated with multiple painful sites. The pain is induced by fascial constrictions and areas of hyperirritable muscle known as trigger points. Generally, a deep aching sensation will be present in involved areas such as the back of the shoulder. Trigger points can cause local or referred pain and the location of symptoms may vary somewhat over time. Myofascial pain syndrome and fibromyalgia share common characteristics but are separate conditions. Fibromyalgia is a widespread condition effecting multiple body sites; whereas, myofascial pain is a more localised phenomenon.
Causes of Myofascial Pain
Myofascial pain commonly occurs in people who sit at a desk for prolonged periods of time. Chronic poor posture can give rise to a gradual process of adaptation in muscles that lead to myofascial pain. Manual treatment methods such as myofascial trigger point release can alleviate symptoms and is an effective treatment when applied alongside a thorough postural assessment to identify possible causes of muscle overload. Specific strengthening & stretching exercises may be used to address poor posture and bring about long-term relief. Myofascial restrictions are often present in multiple areas and are reflective of biomechanics flaws & tissue stress
Contact Naas Physio Clinic on:
(045) 874 682
or email us at [email protected][/vc_column_text][/vc_column][/vc_row]
For further information on conditions treated go to:


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Client in Richmond Hill
Deck is in great condition just meeds stain painting coat over and garage and front. Door painted.Neiighboir also needs work done.
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We are fortunate in our country that we have an abundance of high-quality and affordable foods, and major breakthroughs have been made in the previous period on complex issues such as amending the Law on Inspection Oversight, understanding the need to amend the Law on Food Safety and, no less importantly, establishing a dialogue between the state and producers. All this benefits all of us, as food consumers who need to trust that the food around us is safe, properly declared and responsibly advertised.
A very important step was made in opening the Ministry of Agriculture up towards industry via dialogue that was established for mutual benefit. Together we overview the obstacles that confront manufacturers in their work and seek the best solutions.
Another long-awaited advancement was achieved with the complete application of the Plant Protection Act, which removed a large previously grey zone when it comes to safety and the proper use of plant protection products.
Thanks to dialogue between the Ministry of Agriculture and industry, we today jointly view obstacles that producers encounter in their work and seek the best solutions
This is a sector where the legislation is most often in place – harmonised with European law, defined by regulations and other bylaws. However, most problems occur in application. Whether that comes down to different interpretations of legislation by different implementation bodies or long-term inconsistent application of certain parts of acts, all of which creates unnecessary space for potential problems and misunderstandings, but also unpredictability in terms of the working conditions of manufacturers. One such issue is the payment of laboratory analysis costs, for which we now know the Ministry is working on a solution that should eliminate this disparity between regulation and practise. Considering that this issue impacts directly on the costs of doing business, we hope that as manufacturers we will have the opportunity to participate in the dialogue before adoption, in order for us to immediately come up with an optimal solution for all parties.
Managing food safety on the basis of risk analysis (which is currently applied only in the veterinary field) certainly remains a huge area that producers gathered in the FIC Food & Agriculture Committee expect the Ministry to succeed in establishing in the coming period. This, along with essential amendments to the Law on Food Safety and accompanying bylaws that would harmonise the whole area with European regulations, is part of a continuous process of improving procedures, creating a predictable business environment for responsible producers and freeing up the state capacity to deal with oversight of risky producers. And all of this should lead to all of our consumers having full confidence in the whole chain that brings food to their table, foods of controlled quality, with accurate declarations and other related information important when choosing food.


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Analyzing Testimony
- < Procedure and Practice
- < Trials
- < Weighing Oral Evidence
- 1 Findings of Fact
- 2 Credibility and Reliability
- 3 Factors in Evaluating Credibility and Reliability
- 4 Special Types of Testimony
- 4.1 Credibility of Accused (The W.D. Test)
- 4.2 Credibility of Persons from Other Cultures
- 4.3 Credibility of Children
- 4.4 Adults Testifying to Events Occurring When a Child
- 4.5 Credibility of Police Officers
- 4.6 Credibility of the Complainant or Victim
- 4.7 Credibility for Other Types of Witnesses
- 5 Related Topics
- 6 See Also
Findings of Fact
Only the trier-of-fact (ie. the judge or jury) can make findings of fact unless there is an agreement on facts or an admission under s. 655 of the Code.[1]
Analysis of Testimony
Tools of Analysis
When considering testimony evidence, its value comes down to four factors:[2]
- perception,
- memory,
- narration, and
- sincerity
Evidence Not to be Analyzed Separately
Facts should not be examined separately and in isolation to the standard of proof beyond a reasonable doubt.[3]
However, beyond determining whether the evidence on the whole proves guilt beyond a reasonable doubt, "it is for the trier of fact to determine how to proceed".[4]
No Choosing of Stories
When confronted with two contradictory stories, a judge does not need to make a finding of fact as to which story is correct.[5]
An approach that permits choosing of stories would "erode" the presumption of innocence and standard of proof beyond a reasonable doubt.[6] However, it is not an error to make "finding of credibility as between the complainant and the accused" as long as all the steps of further analysis are taken.[7] It is only in error should the judge treat the task as complete once a finding of credibility as between the complainant and accused.[8]
Guilt should not be based a credibility contest or choice between competing evidence.[9]
- ↑ see Admissions of Fact
- ↑ Kenneth S. Broun et al., 2 McCormick on Evidence, (6th ed.) (USA: Thomson/West, 2006), §245, at p. 125 and R v Baldree, 2012 ONCA 138 (CanLII) at para 43
- ↑
R v Morin, 1988 CanLII 8 (SCC), [1988] 2 SCR 345 ("facts are not to be examined separately and in isolation with reference to the criminal standard")
R v Narwal, 2009 BCCA 410 (CanLII), [2009] BCJ No. 1941 (C.A.), at para 88
R v Menow, 2013 MBCA 72 (CanLII)
- ↑ Morin, supra at para 40 ("during the process of deliberation the jury or other trier of fact must consider the evidence as a whole and determine whether guilt is established by the prosecution beyond a reasonable doubt. This of necessity requires that each element of the offence or issue be proved beyond a reasonable doubt. Beyond this injunction, it is for the trier of fact to determine how to proceed")
- ↑ R v Avetysan, 2000 SCC 56 (CanLII) at p 2
- ↑
R v DW, 1991 CanLII 93 (SCC), [1991] 1 SCR 742, at pp. 757-8 (SCR) or 409 (CCC)
R v Avetsyan, 2000 SCC 56 (CanLII), (2000), 149 CCC (3d) 77 (S.C.C.) at paras 18-22
R v JR, 2014 QCCA 869 (CanLII), [2014] Q.J. No. 3957 (C.A.), at para 38 (the judge "cannot simply choose one over the other. That would in effect lower the prosecution's burden from proof beyond a reasonable doubt to proof on the balance of probabilities")
- ↑ R v Chittick, 2004 NSCA 135 (CanLII), at paras 23-25
- ↑
Chittick, ibid. at para 23-25
- ↑
R v MDR, 2015 ONCA 323 (CanLII)
R v Fleig, 2014 ABCA 97 (CanLII), at para 24, ("primary concern of the framework in W(D) is that a trier of fact should not line up the Crown and defence evidence and select one over the other.")
R v ST, 2015 MBCA 36 (CanLII), ("a trial judge cannot render a verdict in a criminal case by the process of simply deciding which competing narrative of events he or she prefers; that is the so-called 'credibility contest' error.")
Acceptance of Evidence
Selective Acceptance of a Witness' Evidence
Evidence before a judge are not facts. The judge has the power to hear evidence from which factual conclusions may be made. The testimony of a witness is not a fact until the trier finds it as so. It is only for the trier to decide. The trier may accept all, some, or none of what a witness says.[1] If the witness is not believed on an issue, the evidence supporting it must be rejected. [2]
Of the evidence accepted, the trier-of-fact may associate different weights to individual parts of the evidence.[3]
Finding of Facts Limited to Issues of Dispute
It must be remembered that when assessing evidence heard at trial, it is not the court's role to "resolve the broad factual question of what happened". The judge is only obliged to decide "whether the essential elements of the charge have been proven beyond a reasonable doubt."[4]
Editing Statements
The court does have a limited power to edit statements and other forms of evidence as part of its jurisdiction over the trial process. This is usually applied where the evidence is unduly prejudicial.[5]
Consequence of Findings
Reliance on Evidence
The trier-of-fact may only convict where there has been "acceptable credible evidence" that was found to be factually correct.[6] If there is "contradictory evidence" on an element of the charge the accused must be given the benefit of that doubt even if the accused evidence is rejected.[7]
No Need for Corroboration
In appropriate cases, regardless of the offence, it is reasonable to find guilt based solely on the evidence of a single witness.[8]
- ↑
R v DAI, 2012 SCC 5 (CanLII), [2012] 1 SCR 149, at para 72
R v Francois, 1994 CanLII 52 (SCC), [1994] 2 SCR 827, at p. 837 or para 14
R v BC, 2011 ONCA 604 (CanLII), at para 5 leave refused
R v MR, 2010 ONCA 285 (CanLII), at para 6
R v DR, 1996 CanLII 207 (SCC), 107 CCC (3d) 289 (S.C.C.) per L'Heureux-Dube J. (dissenting in result), at p.318
R v Hunter, [2000] O.J. No. 4089 (ONCA), at para 5
R v Abdullah, 1997 CanLII 1814 (ON CA), [1997] O.J. No. 2055 (C.A.), per Carthy and Goudge JJA at paras 4 to 5
R v Mathieu (1994), 1994 CanLII 5561 (QC CA), 90 C.C.C. (3d) 415 (Que. C.A.) at para 61 aff'd 1995 CanLII 79 (SCC), [1995] 4 S.C.R. 46, per Lamer CJ, ("...triers of fact remain free, as they have always been in the past, to accept all, part or none of the evidence of any witness... . The evidence of each witness must be considered in the light of all the other evidence.")
- ↑ R v Morin, (1987), 36 CCC (3d) 50 per Cory J.A.
- ↑
R v Howe, 2005 CanLII 253 (ON CA), (2005), 192 CCC (3d) 480 (Ont. C.A.), at para 44
- ↑
R v Mah, 2002 NSCA 99 (CanLII) at para 41
- ↑ R v Dubois, (1986), 27 CCC (3d) 325 (ONCA)(*no CanLII links)
- ↑ R v Campbell, 1995 CanLII 656 (ON C.A.)
- ↑
R v Chan, 1989 ABCA 284 (CanLII)
R v CWH, 1991 CanLII 3956 (BC C.A.)
R v Miller, 1991 CanLII 2704 (ON C.A.)
- ↑
R v AG, 2000 SCC 17 (CanLII), [2000] 1 SCR 439, at pp. 453-4
R v Vetrovec, 1982 CanLII 20 (SCC), [1982] 1 SCR 811, at pp. 819-820
Appellate Review
On appeal, findings of credibility cannot be interfered with unless the "assessments ... cannot be supported on any reasonable view of the evidence."[1]
An appellate court should not interfere with credibility assessments "except in very particular circumstances".[2]
Where a legal error is made in assessing credibility, there is no deference and may require intervention.[3]
The finding of a fact where there is no evidence to support it is reviewable as a question of law on a standard of correctness.[4] The same goes for interpreting the legal effect of a finding of fact.[5]
Finding of fact based on an irrelevant consideration is a question of law and reviewable on a standard of correctness.[6]
- ↑
R v Burke, 1996 CanLII 229 (SCC) at para 7
- ↑
R v RP, 2012 SCC 22 (CanLII) at para 10
- ↑
R v Luceno, 2015 ONCA 759 (CanLII) at para 34
- ↑ R v JMH, 2011 SCC 45 (CanLII) at paras 24 to 32
- ↑ JMH, ibid. at paras 24 to 32
- ↑ R v Carrano, 2011 ONSC 7718 (CanLII) at para 6
Credibility and Reliability
"Credibility" vs "Reliability"
Credibility refers to the witness's ability to be "honesty or veracity". Reliability refers to a witnesses "accuracy".[1] A discreditable witness cannot be reliable. However, a credible witness may still be make an honest mistake.[2]
Accuracy of a witness considers their ability to (1) observe, (2) recall and (3) recount to events at issue.[3]
A credible witness can give unreliable evidence, but a non-credible witness cannot give reliable evidence.[4]
Findings of a Judge
A judge may believe all, some, or none of a witness's testimony.[5] Whatever is accepted may be allocated different weight to each piece of evidence.[6]
Given that witnesses are not presumed to tel the truth, the trial judge has no obligation to accept any uncontradicted evidence given by the witness.[7] In fact, uncontradicted evidence may be rejected by the judge on the basis of "reason, common sense and rationality".[8]
- ↑
R v Sanichar, 2012 ONCA 117 (CanLII), at para 69
R v HC, 2009 ONCA 56 (CanLII), 241 C.C.C. (3d) 45, at paras. 41-44
- ↑
R v JVD, 2016 ONSC 4462 (CanLII) at para 92 per Tzimas SCJ
R v Gostick, 1999 CanLII 3125 (ON CA), [1999] O.J. No. 2357 at paras 15 and 16
R v Vickerson [2005] O.J. No. 2798, at para 28 (ONCA)
R v SC, 2012 CanLII 33601 (NL SCTD), [2012] N.J. No. 210, 324 Nfld & P.E.I.R. 19
- ↑
HC, supra at para 41
- ↑
HC, supra at para 41
- ↑
R v Cunsolo, 2011 ONSC 1349 (CanLII) at para 228 to 232
R v Francois, 1994 CanLII 52 (SCC), [1994] 2 SCR 827, at para 14
D.R. et al. v The Queen, 1996 CanLII 207 (SCC), (1996), 107 CCC (3d) 289 (S.C.C.) per L'Heureux-Dubé J. dissenting in result at p. 318
R v M.R, 2010 ONCA 285 (CanLII) at para 6
R v Hunter, 2000 CanLII 16964 (ON CA), [2000] O.J. No. 4089 (C.A.) at para 5
R v Abdallah, 1997 CanLII 1814 (ON CA), [1997] O.J. No. 2055 (C.A.), Carthy and Goudge JJ.A, at paras 4, 5
R v Cook, 2010 ONSC 1188 (CanLII)
- ↑
Cunsolo, supra at para 228
R v Howe, 2005 CanLII 253 (ON CA), [2005] O.J. No. 39 (C.A.), at para 44
- ↑
R v Clark, 2012 CMAC 3 (CanLII), per Watt JA, at para 41
- ↑
Clark, ibid. at para 41
Analysis of Credibility
Evaluating evidence involves the assessment of a witnesses credibility and reliability. These are distinct but related concepts referring to the witness' veracity (the former) and accuracy (the latter).[1] There can be significant overlap. "Testimonial reliability" or "reliability" can often mean or include credibility.[2]
Evaluating credibility is not a scientific or intellectual process.[3]There are no hard and fast rules to apply.[4] It is not simply the application of a set of rules as much as it is "a multifactoral evaluation of the witness that includes factors such as the witness' intelligence, demeanor, ability and capacity to observe and remember, and the intent of the witness to be truthful or deceive".[5]
It involves a "complex intermingling of impressions" based on observations in the context of "independent evidence" and "preponderance of probabilities" that are recognized as reasonable.[6]
The process can often defy verbalization, particularly where "complex intermingling of impressions that emerge after watching and listening to witnesses and attempting to reconcile the various versions of events."[7]
Any case that turns on the issue of credibility between two witnesses, the main question is whether the Crown has proven the case beyond a reasonable doubt.[8] Where significant inconsistencies or contradictions exist in the complainant's evidence, the trier-of-fact must assess the evidence carefully.[9]
A failure to properly articulate the credibility concerns may amount to a reversible error.[10]
A failure to cross-examine a witness on a point that is significant to an important issue can be taken into account when evaluating credibility.[11]
Totality of Evidence
The evidence of a witness must always be assessed "in light of the totality of the evidence adduced in the proceedings".[12]
This involves considering the "whole tapestry" (or the "whole scope and nature") of the evidence.[13]
It is an error of law to evaluate reliability and credibility on the basis of individual pieces of evidence without looking at the totality of the evidence.[14]
- ↑
R v Morrissey, 1995 CanLII 3498 (ON CA), (1995), 22 O.R. (3d) 514 at para 33 per Doherty J.A.
R v N.L.P., 2013 ONCA 773 (CanLII) at para 25
- ↑
R v Woollam, 2012 ONSC 2188 (CanLII) at para 90-111 gives detailed canvassing of use of term "reliability" also referring to see R v Murray 1997 CanLII 1090 (ON CA), (1997), 115 CCC (3d) 225 (Ont.C.A.)
R v Thurston, [1986] O.J. No. 2011 (Gen. Div.)(*no CanLII links)
R v KTD, [2001] O.J. No. 2890 (S.C.J.)
- ↑ R v Gagnon 2006 SCC 17 (CanLII) at para 19 to 21
R v Mesaros, 2014 ONSC 3445 (CanLII), at para 21
R v Wadforth, 2009 ONCA 716 (CanLII) at paras 66 to 67
- ↑ R v White, [1947] SCR 268, 1947 CanLII 1 (SCC)
R v SIC, 2011 ABPC 261 (CanLII) at para 19
- ↑
R v Lunz, 2013 ABQB 150 (CanLII)
R v White, 1947 CanLII 1 (SCC), [1947] SCR 268 at paras 8‑10
- ↑
R v JFD, 2017 BCCA 162 (CanLII), at para 38
- ↑
Mesaros, supra at para 21
See: R v Gagnon, 2006 SCC 17 (CanLII), [2006] 1 SCR 621, at para 20
R v Dinardo, 2008 SCC 24 (CanLII), [2008] 1 SCR 788, at para 26
R v REM, 2008 SCC 51 (CanLII), [2008] 3 SCR 3, at para 49
Wadforth, supra at para 66
R v H(W), 2013 SCC 22 (CanLII), [2013] 2 SCR 180, at paras 39-40
- ↑
R v Wylie, 2012 ONSC 1077 (CanLII), [2012] O.J. No. 1220 (S.C.J)
R v Selles (1997), 1997 CanLII 1150 (ON CA), 101 O.A.C. 193 (C.A.), at pp. 207-8
R v NM, [1994] O.J. No. 1715 (C.A.) (QL) at para 1
- ↑
Wylie, supra at para 84
- ↑ R v Braich, 2002 SCC 27 (CanLII) at para 23
- ↑
R v Carter, 2005 BCCA 381 (CanLII)
R v Paris, 2000 CanLII 17031 (ON CA), 150 CCC (3d) 162 (Ont. C.A.)
- ↑
Clark, supra at para 40
- ↑
R v Cameron, 2017 ABQB 217 (CanLII) at para 28
Faryna v Chorny, 1951 CanLII 252 (BC CA) ("The credibility of interested witnesses, particularly in cases of conflict of evidence, cannot be gauged solely by the test of whether the personal demeanour of the particular witness carried conviction of the truth. The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions. In short, the real test of the truth of the story of a witness in such a case must be its harmony with the preponderance of the probabilities which is a practical and informed person would readily recognize as reasonable in that place and in those conditions.")
- ↑ JMH, 2009 ONCA 834 (CanLII) – Judge incorrectly acquitted the accused on the basis that a poem of the sexual salt victim referencing doubt amounted to doubt on non-consent
Disbelief vs Fabrication
There is a distinction between the disbelief of a witness and a conclusion of fabrication.
A disbelieved alibi has no evidentiary value.[1] However, an alibi found to be fabricating can be evidence on which an inference of guilt may be made.[2]
Likewise, a disbelieved exculpatory statement has no value while a fabricated statement can be used in evidence.[3] The judge should consider the content of the statement and its connection with the charge.[4]
A finding of fabrication cannot be inferred simply on a finding of disbelief.[5] Fabrication must be found "on evidence that is independent from the evidence that contradicts or discredits the accused's version of events".[6] The circumstance under which the disbelieved evidence was given is not "independent evidence" permitting an adverse inference.[7]
Direct evidence of fabrication however does not need to be confirmed or independently proven.[8]
This evidence includes the circumstances where an accused made a disbelieved out-of-court statement, such that it suggests the accused's intent to mislead or deflect suspicion and shows a conscious knowledge that he committed an offence.[9]
Rejecting Defence Evidence
A considered and reasoned acceptance of the Crown evidence beyond a reasonable doubt on points of conflicting evidence may be sufficient to constitute an explanation to reject defence evidence.[10]
Jury Instructions
There is a "real danger" that a jury, faced with an argument seeking that they disbelieve the exculpatory explanation of the accused, will infer guilt, especially where the exculpatory version was heard for the first time at trial.[11]
- ↑
R v Snelson, 2013 BCCA 550 (CanLII), at paras 23 to 32 - no need for instructions on adverse inference on rejected alibi
- ↑
R v Hibbert, 2002 SCC 39 (CanLII), [2002] 2 SCR 445, at paras 57-58
R v Coutts 1998 CanLII 4212 (ON CA), (1998), 126 CCC (3d) 545 (Ont. C.A.), at paras 15-16
R v O'Connor 2002 CanLII 3540 (ON CA), (2002), 62 O.R. (3d) 263 (C.A.), at para 17
- ↑
R v Nedelcu, 2012 SCC 59 (CanLII) at para 23 ("rejection of an accused's testimony does not create evidence for the Crown")
Snelson, supra at para 27
- ↑
O'Connor, supra at para 18
- ↑
R v Cyr, 2012 ONCA 919 (CanLII) at para 78
- ↑
Cyr, ibid. at para 78
O'Connor, supra, at para 21
Coutts, supra at paras 15-16
- ↑
O'Connor at para 23 ("...when it is an accused's testimony which is disbelieved, the circumstance in which the accused gave the disbelieved version of events -- as part of the trial process itself -- is not considered to be independent evidence of fabrication permitting an adverse inference against the accused:... Before an adverse inference may be drawn, there must be evidence capable of showing fabrication apart from both the evidence contradicting the accused's testimony and the fact that the accused is found to have testified falsely at the trial.")
- ↑ R v Pollock (2004), 2004 CanLII 16082 (ON CA), 188 O.A.C. 37, 187 C.C.C. (3d) 213, per Rosenberg J.A. at para. 155, ("[t]here is no requirement, however, that the evidence of fabrication must itself be confirmed or independently proved.")
- ↑
Cyr, supra at para 79
O'Connor, supra at para 24, 26
- ↑
R v TM, 2014 ONCA 854 (CanLII), 318 C.C.C. (3d) 153, at para. 68
R v JA, 2010 ONCA 491 (CanLII), 261 C.C.C. (3d) 125, at paras. 22-23
R v M, 2017 ONSC 5537 (CanLII), at para 30
- ↑
R v JS, 2018 ONCA 39 (CanLII) at para 63
R v Oland, 2016 NBCA 58 (CanLII) at para 66 to 69
Factors in Evaluating Credibility and Reliability
There are many tools for assessing the credibility and reliability of a witness' testimony:[1]
- Inconsistencies
- Internal inconsistencies: consider the inconsistencies with previous statements or testimony at trial.
- External inconsistencies: consider the contradictory and corroborative evidence between witnesses;
- Bias and Partiality: assess the partiality of witnesses due to kinship, hostility, self-interest, or any other motive to favour or injure the accused;
- Capacity: consider the capacity of the witness to relate their testimony:
- ability and opportunity to observe,
- ability to remember and
- ability to communicate the details of their testimony;
- Justifiable error: consider whether the witness, because of the turmoil surrounding the event at the time it occurred, have been easily or understandably in error as to detail, or even as to the time of the occurrence;
- consider the emotional state of the witness at the time (in a calm state or panicked state, for example);
- if recollection was recorded, consider the timing at which notes where made;
- consider the demeanor of the witness in the witness box (voice tone, body language, etc)
- consider the manner of response, being whether the witness was forthright and responsive to questions or was the witness evasive, non-responsive, argumentative, or hesitant to answer (either at time of testimony or in prior statements);[2]
- consider whether
- consider whether common sense suggests that the evidence is impossible or highly improbable or whether it was reasonable and consistent with itself and with the uncontradicted facts.
- considering whether a persons' words and actions are explained and whether it matches their emotional state at the time[3]
- the reasonableness of a person's reaction to events
- evidence showing the demeanor of a complainant shortly following the offence can be useful to credibility. A person alleging a sexual assault or common assault may be quite upset when speaking to police, which may lend to credibility.[4]
- whether there is any embellishment or minimizing of events. Likewise, an signs of attempts at recasting evidence to suit a particular goal; putting himself in a good light,
- whether the witness adjusted their evidence when confronted with new evidence or simply gave different explanations for a single action.[5]
- whether the explanation contains an inordinate level of complexity.[6]
- ↑
e.g. see list in R v Jacquot, 2010 NSPC 13 (CanLII) at para 40
R v Comer, 2006 NSSC 217 (CanLII) at para 96
R v Snow, 2006 ABPC 92 (CanLII) at para 70
R v McKay, 2011 ABPC 82 (CanLII) at para 14
R v Abdirashid, 2012 ABPC 22 (CanLII), [2012] A.J. No 131 at paras 8 to 11
R v Golightly, 2007 Carswell 3198 at para 65
Baker-Warren v. Denault, 2009 NSSC 59 (CanLII) at para 19
Faryna v Chorny, [1952] 2 D.L.R. 354 (BCCA) at para 9, 10
R v DFM, 2008 NSSC 312 (CanLII) at para 11 citing R v Ross, 2006 NSPC 20(*no CanLII links) at para 6
- ↑
e.g. R v McGraph, 2014 NLCA 40 (CanLII) at para 19 citing trial judge's reasons for disbelieving accused ("Her answers to other questions were often vague and evasive. When confronted by evidence that was contrary to her testimony, the accused would immediately recant and change her testimony to conform.")
- ↑ A judge is entitled to consider the emotional condition of the accused for consistency with the claimed offence:
R v Murphy, 1976 CanLII 198, [1977] 2 SCR 603, Spence J. for the majority at 612.
See also R v Sidhu, 2004 BCCA 59 (CanLII), 183 CCC (3d) 199 at para 51;
R v Lavallee, [1993] BCJ No. 669(*no CanLII links) at paras 2, 5 and 11 (C.A.)
R v Huang, [1989] BCJ No 1296 at 7 (C.A.)(*no CanLII links) per Macdonald J.A.; and
R v Dorsey, [1987] O.J. No. 349(*no CanLII links) at 4-5 (C.A.)
- ↑ R v Mete, [1998] O.J. No. 16 (OCJ)(*no CanLII links)
- ↑
e.g. McGrath, supra at para 19
- ↑
e.g. McGrath, supra at para 19
Consistencies and inconsistencies are an "important aspect" in assessing credibility.[1]
Generally speaking, inconsistencies in a witnesses evidence must be evaluated before the judge can accept it.[2]
Inconsistencies on peripheral matters and not to the "essence" of the charges and so may be excused.[3]
A series of minor inconsistencies "may become quite significant and cause the trier of fact to have a reasonable doubt about the reliability of the witness's evidence". The trier-of-fact should consider the "totality of the inconsistencies in order to assess whether the witness's evidence is reliable".[4]
The trial judge does not need to address every inconsistency. [5]
Minor Inconsistencies
Inconsistencies between witnesses regarding "peripheral matters" such as time, speed and distance, all of which are affected by subjective assessments, will usually have a limited affect on reliability unless glaringly different. Minor differences on details can in fact enhance, rather than detract, from the credibility of the witness as too much similarity will suggest collusion. [6] Such inconsistencies should be considered in the context of the witnesses age at the time of the events.[7]
The courts should be hesitant to devalue a witnesses testimony based on minor or "perceived inconsistencies".[8] The benefit of the doubt should be given to the witness.[9]
Major Inconsistencies
Where there are two equally credible witnesses there are a number of rules of thumb that can be applied:
- the testimony must be contrasted with the undisputed facts to see which is the closer "fit".[10]
- The judge should consider what is reasonably recallable and not recallable by the particular witness.
- the judge should favour the witness who is in a better position to know a particular fact.[11]
- where evidence is "incredible", there must be more undisputed facts to support this claim[12]
An inconsistency may or may not be significant depending on whether such errors in detail are "normal" and "to be expected" or, alternatively, are errors that "are "unlikely to be mistaken" and "demonstrate a carelessness with the truth or raise reliability issues".[13]
Where there are major inconsistencies or contradictions with with key crown witnesses, or where there are otherwise conflicting evidence, the trier-of-fact would be "carefully assess" the evidence before.[14]
- ↑
R v CH, 1999 CanLII 18939 (NL CA), 182 Nfld. & P.E.I.R. 32, 44 W.C.B. (2d) 162 (Nfld. C.A.) at para 23
- ↑
e.g. R v Wigle, 2009 ONCA 604 (CanLII) - conviction overturned because judge failed to explain why complainant's inconsistencies did not affect credibility.
see also CH, supra at para 23
- ↑
R v Broesky, 2014 SKCA 36 (CanLII), at para 3
R v Lindsay, 2012 SKCA 33 (CanLII)
- ↑
CH, supra at para 29
- ↑ R v R.S., 2014 NSCA 105 (CanLII) at para 24
- ↑ ??
- ↑
R v DLW, 2013 BCSC 1327 (CanLII) at para 129
- ↑
R v AF 2010 ONSC 5824 (CanLII), at para 87
e.g. DLW, supra at para 128
- ↑ R v Tran 1994 CanLII 56 (SCC) at 248
- ↑
R v FE, BCCA 414 (CanLII), (1999), 126 BCAC 161
R v Ross, 2002 BCSC 445 (CanLII)
- ↑ R v U(FJ), 1994 CanLII 1085 (ON C.A.)
- ↑ R v B(G), 1990 CanLII 115 (SCC), [1990] 2 SCR 57
- ↑
R v Smith, 2018 ABQB 199 (CanLII) at para 50
R v MG (1994), 1994 CanLII 8733 (ON CA), [1994] OJ No 2086 at para 23, appeal discontinued [1994] SCCA No 390
R v AM, 2014 ONCA 769 (CanLII) at para 12
- ↑
R v SW, 1994 CanLII 7208 (ON CA), (1994), 18 O.R. (3d) 509 (C.A.), at p. 517
R v Oziel, 1997 CanLII 549 (ON CA), [1997] O.J. No. 1185 (C.A.), at paras 8, 9
R v Norman 1993 CanLII 3387 (ON CA), (1993), 87 CCC (3d) 153 (Ont. C.A.), at pp. 172-4
Consistencies and Corroboration
Motive and Bias
The judge may take into account the existence or absence of evidence of a motive to fabricate the allegation.[1] There is no onus on the accused to establish a motive to lie on the part of the complainant. [2] Do to otherwise, would have the effect of removing the presumption of innocence.
Motive is only one factor to consider when assessing credibility.[3]
The absence of motive to fabricate should not be given undue weight to suggest that the complainant is telling the truth.[4] Suggesting that it is true unfairly bolster's the witness's credibility. Corrective jury instructions should be given if such a suggestion is made.[5]
Evidence establishing motive is always admissible, but it should not be mistaken for evidence that merely shows a history of incidents between parties.[6] The Crown may present evidence that suggests an absence of any motive on the part of the complainant to fabricate their story.[7]
Proven absence of motive is "always an important fact in favour of the accused".[8]
Where the accused theory alleges that a Crown witness lied out of self-interest, the judge may "consider that the [Crown] witness would have had no, or less, reason to be untruthful on particular points of evidence in respect of which [the accused] provided radically inconsistent testimony".[9]
It is permitted for the trial judge to conclude that the evidence of a witness are not based on actual memories but are more likely rationalizations, assumptions or believed on how they would have behaved.[10]
- ↑
see R v Jackson, 1995 CanLII 3506 (ON CA), [1995] O.J. No. 2471 (C.A.)
R v LeBrocq, 2011 ONCA 405 (CanLII), [2011] O.J. No. 2323
R v Plews, 2010 ONSC 5653 (CanLII) at para 335
R v KGB, 1993 CanLII 116 (SCC), 79 CCC (3d) 257 (S.C.C.) at p.300
R v Greer, 2009 ONCA 505 (CanLII), at para 5
- ↑
R v Batte 2000 CanLII 5750 (ON CA), (2000), 49 O.R. (3d) 321 (C.A.) at paras 120-124
R v Krack, (1990), 56 CCC (3d) 555(*no CanLII links) at 561-562 (Ont. CA)
Plews, supra at para 335
- ↑
Batte, supra at para 120-124
- ↑ R v LL, 2009 ONCA 413 (CanLII) at para 40 to 42
- ↑ see LL, ibid. at para 53
- ↑ R. v Barbour, [1938] SCR 465, 1938 CanLII 29 (SCC) at page 5 per Duff C.J.
- ↑ R v AJS, 1998 CanLII 18004 (NL CA)
- ↑ R v Lewis, [1979] 2 SCR 821, 1979 CanLII 19 (SCC) at pages 12-14 per Dickson, J.
- ↑
R v Laboucan, [2010] 1 SCR 397, 2010 SCC 12 (CanLII), per Charron J, at para 22
- ↑
R v BJT [2000] SJ No 801 at para 19
R v Chen, 2016 ABQB 644 (CanLII), at para 122
R v JR, 2006 CanLII 22658 (ON SC) at paras 21 to 22
Emotional State
Evidence of emotional state "may constitute circumstantial evidence confirming that the offence occurred... including the temporal nexus to the alleged offence and the existence of alternative explanations for the emotional state." [1]
A witnesses level of intoxication will tend to reduce the amount of reliability placed upon the witnesses evidence.[2]
- ↑ R v Lindsay, 2005 CanLII 24240 (ON SC), [2005] O.J. No. 2870 (S.C.J.)
- ↑ e.g. R v Crocker, 2015 CanLII 1001 (NL PC)
Credibility may be assessed from demeanour. This can include "non-verbal cues" and "body language, eyes, tone of voice, and the manner" of speaking [1] as well as "their movements, glances, hesitations, trembling, blushing, surprise or bravado".[2]
Reliability of Demeanour
However, a subjective view of demeanour can be unreliable indicator of accuracy.[3]
A judge should not decide on credibility on the strength of demeanour evidence as it would be too "dangerous".[4]
The conduct and behaviour of a witness in court should not be given too much weight.[5]
It should be recognized that witnesses are testifying in a foreign environment and are often nervous and are feeling significant pressure, especially when undergoing prolonged cross-examination.[6]
Decision Exclusively on Demeanour
A decision on credibility based solely on demeanour of a witness is an error.[7]
Demeanour evidence alone is not always considered a proper manner of assessing credibility.[8]
Demeanour by itself cannot be sufficient alone to make a conclusion on credibility or conviction, especially where there are "significant and unexplained inconsistencies in the evidence.[9]
- ↑ R v N.S. (2010) 102 OR (3d) 161 (CA) at para 55, 57
- ↑ Laurentide motels ltd. v Beauport (City), 1989 CanLII 81 (SCC), [1989] 1 SCR 705 per L'Heureux-Dube J.
- ↑
Law Society of Upper Canada v Neinstein, 2010 ONCA 193 (CanLII), 99 O.R. (3d) 1 (C.A.), at para 66
R v Smith, 2010 ONCA 229 (CanLII), at para 11
R v GG 1997 CanLII 1976 (ON CA), (1997), 115 CCC (3d) 1 (Ont. C.A.), at pp. 6-8
R v P.-P.(S.H.) 2003 NSCA 53 (CanLII), (2003), 176 CCC (3d) 281 (NSCA), at paras 28-30
R v Levert 2001 CanLII 8606 (ON CA), (2001), 159 CCC (3d) 71 (Ont. C.A.), at pp. 80-2
- ↑ R v JAA, 2011 SCC 17 (CanLII), [2011] 1 SCR 628 at para 14 ("it would be dangerous for this Court to uphold the convictions and thus resolve the credibility issue in this case on the strength of demeanour evidence, or on the basis that one party's version was less plausible than the other's.")
- ↑
R v Jeng, 2004 BCCA 464 (CanLII) at para 54
- ↑
R v Shields, 2017 BCPC 395 (CanLII) at para 74
R v DTO, 2018 BCPC 120 (CanLII), per MacCarthy PCJ at para 125
- ↑
e.g. R v JF, 2003 CanLII 52166 (ON CA), (2003), 177 CCC (3d) 1 at para 101
R v Norman 1993 CanLII 3387 (ON CA), (1993), 87 CCC (3d) 153 at 173
R v Gostick 1999 CanLII 3125 (ON CA), (1999), 137 CCC (3d) 53 at 59-61
R v KA, 1999 CanLII 3756 (ON CA), (1999), 137 CCC (3d) 554 (Ont. C.A.), at para 44
- ↑ e.g.
R v Penney, [2002] N.J. No. 98 (N.L.C.A.), at para 61
R v Jennings, [2011] N.J. No. 388 (T.D.), at 21
- ↑
see R v WS, 1994 CanLII 7208 (ON CA), (1994), 90 CCC (3d) 242 (Ont. C.A.) at p. 250
Faryna v Chorny, [1952] 2 D.L.R. 354 (BCCA) by O'Halloran J.A. at p. 357 ("The real test of the truth of a story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place in those conditions")
There is some support for the proposition that judge may rely upon their intuition to determine the credibility of a witness. A judge will often invoke their appreciation that the witness has a "ring of truth".[1]
- ↑
R v Mervyn, 2003 YKTC 34 (CanLII)
R v Roble, 2004 CanLII 23106 (ON CA)
Common Sense and Plausibility
It would be dangerous to uphold a conviction "on the basis that one party's version was less plausible than the other's" alone.[1] That is not to say that common sense and plausibility are not useful tools in evaluating evidence. Triers-of-fact are permitted to reject a witnesses evidence, including that of the accused, on the basis that it does not accord with "collective human understanding of the behaviour" of a person in the shoes of the alleged victim.[2]
It is said that "[h]uman nature, common sense and life's experience are indispensable when assessing credibility".[3]
- ↑ R v JAA, 2011 SCC 17 (CanLII), [2011] 1 SCR 628 at para 14 ("it would be dangerous for this Court to uphold the convictions and thus resolve the credibility issue in this case on the strength of demeanour evidence, or on the basis that one party's version was less plausible than the other's.")
- ↑
R v Kontzamanis, 2011 BCCA 184 (CanLII) at para 38
- ↑
R v DDS, 2006 NSCA 34 (CanLII) per Saunder JA
Observations Made in Court
A judge should not reject the defence evidence based solely on observations of the witness' build to infer his capacity.[1]
- ↑ R v Gyimah, 2010 ONSC 4055 (CanLII), judge wrongly rejected defence evidence of difficulty in moving a mattress because the accused "looked fit"
Evidence of Collusion or Tainting
Evidence that the witness was influenced by others would be reason to give no weight to their evidence.
There is no requirement that the judge must make an actual finding that collusion occurred in order to discount the evidence of a witness. In some circumstances it is open to the judge to rely upon an "opportunity to collude".[1] However, a witness should generally not be entirely discredited merely on the basis of opportunity.[2]
Collusion can be unintentional such as where multiple individuals watch the same news story and are influenced by the single story.[3]
Tainting of Evidence
The independence of a person's recollection can be compromised by being exposed to other persons statements.[4]
A witness who sat in on the preliminary inquiry evidence before giving a statement to police can be reason to find there is no credibility in their evidence.[5]
- ↑
R v Shearing, [2002] 3 SCR 33, 2002 SCC 58 (CanLII)
R v Burke, 1996 CanLII 229 (SCC), [1996] 1 S.C.R. 474 at para 45
- ↑
e.g. Almasi, 2016 ONSC 2943 (CanLII), at paras 47 to 51 - witness evidnece incorrectly dismissed simply because it matched another witness believed to be lying
- ↑
R v Dorsey, 2012 ONCA 185 (CanLII) per MacPherson JA.
- ↑
Eg. R v Burton, 2017 NSSC 3 (CanLII), per Arnold J, at para 40
- ↑
e.g. R v Corbett, 2015 ONSC 1633 (CanLII), per Hambly SCJ, at para 10
Special Types of Testimony
Judge's must be very careful to avoid falling into an analysis which compares the two versions without assessing "the whole evidence to establish proof of guilt beyond a reasonable doubt."[1]
The trier of fact should not place much weight on exculpatory stories in absence of evidence supporting the theory.[2]
A judge must not subject an accused's testimony more scrutiny than that of the complainant.[3] The judge must apply an "even and equal level of careful analysis".[4]
There are special considerations when assessing credibility no a Charter voir dire.[5]
No Presumptions for Truthfulness or Accuracy
There is no legal presumption that those testifying in criminal trials are telling the truth or that they are testifying accurately.[6]
- ↑ R v Ogden, 2011 NSCA 89 (CanLII) at para 10
R v WH 2011 NLCA 59 (CanLII)
- ↑ R v Jenner 2005 MBCA 44 (CanLII), (2005), 195 CCC (3d) at para 21
- ↑
R v Costache, 2013 ONSC 4447 (CanLII) at para 34
- ↑ Costache at para 34
- ↑
See: R v Gunsch, 2013 ABPC 104 (CanLII) at paras 27 ‑ 37
- ↑
R v Luciano, 2011 ONCA 89 (CanLII)
R v Thain, 2009 ONCA 223 (CanLII), at para 32
R v Downey, 2013 NSCA 101 (CanLII) at paras 15-20
Credibility of Accused (The W.D. Test)
The WD Test which concerns analysis of the accused testifying, has application outside of merely the accused testifying but also on any evidence called by the defence that conflicts with the Crown evidence on a "vital" issue.[1]
Assessing An Accused Cautioned Statement to Police
Where the Crown adduces the accused's statement to police as part of it case, the Court must assess that evidence which addresses a "vital issue" in the same manner as if the accused testified himself.[2]
- ↑
R v M, 2017 ONSC 5537 (CanLII) at para 29 at para 29 ("The W.(D.) analysis applies where, on a vital issue, there are credibility findings to be made between conflicting evidence called by the defence or arising out of evidence favourable to the defence in the Crown's case.")
R v BD, 2011 ONCA 51 (CanLII), at para 114 ("What I take from a review of all of these authorities is that the principles underlying W.(D.) are not confined merely to cases where an accused testifies and his or her evidence conflicts with that of Crown witnesses. They have a broader sweep. Where, on a vital issue, there are credibility findings to be made between conflicting evidence called by the defence or arising out of evidence favourable to the defence in the Crown's case, the trial judge must relate the concept of reasonable doubt to those credibility findings.")
R v Morningstar, 2017 NBCA 39 (CanLII)
- ↑
R v Castelein and Berthelette, 2017 MBQB 173 (CanLII), at para 13 ("In deciding whether the Crown has met its burden, I must consider Mr. Berthelette's exculpatory statement in the same manner as I would had he testified")
R v BD, 2011 ONCA 51 (CanLII), at para 114 ("What I take from a review of all of these authorities is that the principles underlying W.(D.) are not confined merely to cases where an accused testifies and his or her evidence conflicts with that of Crown witnesses. They have a broader sweep. Where, on a vital issue, there are credibility findings to be made between conflicting evidence called by the defence or arising out of evidence favourable to the defence in the Crown's case, the trial judge must relate the concept of reasonable doubt to those credibility findings. ")
Credibility of Persons from Other Cultures
Assessing Interpreter Evidence
Assessing credibility through an interpreter requires careful consideration as it is recognized as a much more difficult endeavour.[1]
Courts should not put too much weight on perceived inconsistencies where evidence is conveyed through a interpreter.[2]
- ↑
Sopinka, Lederman & Bryant, The Law of Evidence in Canada (2nd ed.) (Toronto: Butterworths, 1999), at s. 16.25
R v Singh, 2016 ONSC 3688 (CanLII)
R v Tran, 1994 CanLII 56 (SCC), [1994] 2 SCR 951, at p. 248 (court suggests that testifying through interpreter should have "benefit of the doubt" with respect to inconsistencies)
R v X(J), 2012 ABCA 69 (CanLII), at para. 13 ("Some confusion …[is] inevitable" and can result in a record that is "is often unclear")
R v Zewari, 2005 CanLII 16078 (ON CA), [2005] O.J. No. 1953 (C.A.), at para. 4 (trial judge properly averted to difficulty in evaluating credibility when an interpreter is required)
Serrurier v. City of Ottawa (1983), 1983 CanLII 1628 (ON CA), 42 O.R. (2d) 321 (C.A.), at pp. 322-23 ("Cross examination becomes more difficult, and often less effective, when each question and answer must be interpreted")
J.H. Wigmore, Evidence in Trials at Common Law (Chadbourn Rev.) (Toronto: Little Brown and Co., 1979), Vol. 3, §811 (quoting: "ARTHUR TRAIN, The Prisoner at the Bar 239 (1908) … It is also practically impossible to cross examine through an interpreter, for the whole psychological significance of the answer is destroyed, ample opportunity being given for the witness to collect his wits and carefully to frame his reply")
- ↑
Tran, supra at p. 987 ("the courts have cautioned that interpreted evidence should not be examined microscopically for inconsistencies. The benefit of a doubt should be given to the witness")
R v JX, 2012 ABCA 69 (CanLII) at para 13
R v Zewari, 2005 CanLII 16078 (ON CA), [2005] O.J. No. 1953 (C.A.)(QL), at para 4
NAFF v Minister of Immigration (2004), 221 C.L.R. 1 (H.C. Aust.), at para 30
Sopinka, Lederman & Bryant, The Law of Evidence in Canada (2nd ed.) (Toronto: Butterworths, 1999), at s. 16.25 ("It is much more difficult to assess the credibility of evidence given through an interpreter")
Credibility of Children
Adults Testifying to Events Occurring When a Child
Adults testifying to events that occurred while they were a child should be assessed using standard factors for adult witnesses.[1] However, the evidence should be considered in the context of the age of the witness. Minor inconsistencies should be considered in light of the witnesses age at the time.[2]
Common sense should be applied to the level of "exactitude and detail" which may be missing from a child's world perspective.[3]
- ↑
R v DLW, 2013 BCSC 1327 (CanLII) at para 131
- ↑
DLW, ibid. at para 131
R v W(R), 1992 CanLII 56 (SCC), [1992] 2 SCR 122
R v Cuthbert, 1996 CanLII 8341 (BC CA) at para 23
- ↑
R v Plews, 2010 ONSC 5653 (CanLII) at para 329
R v Curtis, 2000 BCCA 618 (CanLII) at para 8, 9
Credibility of Police Officers
It is not proper for courts to take the evidence of a police officer over that of a civilian by virtue of their position.
Police Notes
Police notes are no longer simply an aide-memoire simply used to refresh an officer's memory. Officers have an "inherent duty" to take notes.[1]
Without notes an officer's credibility can be diminished and his evidence can be discounted.[2]
Police notes must be independent and contemporaneous. [3] This is essential to the reliability and integrity of the officer's notes.[4] Notes are only for the purpose of assisting the officer in testifying at trial.[5] Without notes the evidence of the officer can be "sketchy at best" and will be unreliable. There must be indication that the notes are the officer's independent recollection. An officer should not be using someone else's notes to refresh their memory or else they will simply be reciting hearsay.[6]
As a general rule in an investigation involving multiple officers, notes should not be made after a collective debriefing.[7]
The absence of note taking can go to the reliability of the officer's testimony.[8] Where an officer is experienced they should be in the practice of taking notes of all relevant observations.
An officer is expected to take notes of all significant aspects of their investigation. Proper note taking is an important part of the fact-finding, as evidence should not be left to the whim of memory.[9]
It is not an acceptable excuse to not have notes where the officer "would remember it".[10] Where notes are not taken the court is allowed to conclude that observation evidence was in fact not observed but a belief created after the investigation.[11] This is not necessarily always the case however and the judge may still accept the evidence.[12]
Memory of a police officer for things that occurred a considerably long time in the past where no notes were taken will has diminished reliability.[13]
The effect of an absence of notes will vary from case-to-case.[14]
Failure to take proper notes on observations of impairment allows a judge to find that there were insufficient evidence to form reasonable and probable grounds.[15]
- ↑
R v Odgers, http://canlii.ca/t/24407 2009 ONCJ 287] (CanLII), [2009] O.J. No. 2592 at para 16
- ↑
Odgers, ibid. at para 16
- ↑
Schaeffer v Wood, 2011 ONCA 716 (CanLII), (2011), 107 O.R. (3d) 721 at paras 69-70 on appeal to SCC
- ↑ Schaeffer v Wood, ibid.
- ↑ Schaeffer v Wood, ibid.
- ↑ Schaeffer v Wood, ibid.
- ↑ R v Thompson, [2013] O.J. No. 1236 (Sup. Ct.) at para 212 ("[W]here multiple officers participate in investigation of an incident, their notes should be made independently and not as a collective and not after a (de)briefing where the incident is discussed as a group.")
- ↑
R v Tang, 2011 ONCJ 525 (CanLII)at para 53 -- police officer evidence entirely ignored due to poor notes
R v Odgers, 2009 ONCJ 287 (CanLII)
R v Machado, 2010 ONSC 277 (CanLII) at 120-123
- ↑ R v Lozanovski, 2005 ONCJ 112 (CanLII), [2005] O.C.J. 112 at p.3
- ↑ R v Zack 1999 OJ No 5747 (ONCJ) at p.2
R v Khan, 2006 OJ 2717 at 18
- ↑ R v Zack at p. 2
- ↑ e.g. R v Thompson, 2001 CanLII 24186 (ON CA)
R v Bennett, 2005 OJ No 4035 ONCJ)
- ↑ Khan (2006), O.J. 2717 at paras 17 to 18
R v Hayes, 2005 OJ No 5057 at 9
R v McGee, 2012 ONCJ 63 (CanLII) at para 66
- ↑
R v Noureddine, [2014] O.J. No. 1397 (OCJ) at paras 12 to 17
- ↑ R v Bero, 2014 ONCJ 444 (CanLII)
Credibility of the Complainant or Victim
Credibility for Other Types of Witnesses
Expert evidence may be admitted to establish the effect that the "code of silence" will have upon a witness including a reluctance to testify or a prior inconsistent statement.[1]
- ↑ e.g. R v Boswell, 2011 ONCA 283 (CanLII)
Related Topics
- Verdicts
- Proving Facts (inferences, presumptions, etc.)
- Role of Trial Judge


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text:
A study commissioned by the United Nations has found that messages of friendship and cooperation from politicians come across as 'aggressive' and 'dour' when spoken in German.
Recent speeches by several leading German politicians have been aimed at persuading British people to vote 'Remain' in the upcoming EU referendum.
However, it appears that these messages may be having the opposite effect. According to the study, the terse and jarring nature of the German language makes even the most friendly of statements sound like death threats and dire warnings of imminent disaster.
Malcolm Brockwell was going to vote to remain in the EU, but he changed his mind after watching a speech from a leading German politician in Brussels.
He said: "I was all for staying in the EU. I mean, I like art and stuff, and I love the food. Pizzas and that.
"But I was watching a German politician give a speech the other day, and it chilled me to the bone. There were subtitles, so I knew the guy was pro-British and asking us to stay in Europe. But you wouldn't think it to listen to him.
"The guy was gesticulating, spitting and growling – it was like the second coming of the Third Reich. He was talking about how the British rebate demonstrates our standing in the EU, but it sounded like he was declaring war.
"I just wanted to cuddle my wife and watch some Disney movies afterwards. I still have flashbacks, and I can't watch war movies without being taken back to that horrible moment.
"I now believe that staying in the EU could result in the hounds of hell delving into our souls and ripping out our hearts with psychotic glee. I think all future pleas for Britain to remain in the EU should be given in French. It's a much sexier language, and I'd do anything that Mr Hollande told me to do."


text:
Claim box overflows for 3-race series
SAN MATEO, Calif. - Necessity being the mother of invention, Bay Meadows clerk of scales Paul Nicolo found an innovative way to handle a large number of claims in Sunday's first leg of the Triple Play Series, a three-race series that offers inflated purses for claiming horses.
Horses in the 1 1/16-mile first leg ran for a $10,000 claiming price and an $18,000 purse. The next two races in the series are claim-exempt. Only horses that competed in the first race are eligible for the second race, which will be run at 1 1/8 miles on April 13 for a purse of $20,000. The series finale at 1 1/4 miles, which offers a pot that could reach $60,000, will be run May 10 and is open to runners that competed in the first two legs.
The first leg of the series was run in two divisions Sunday. There were 36 claims in for fourth-place finisher Newton John in the first division and 25 for the winner, Iron Duke. Five claims were put in for third-place Afternoon Express and one for sixth-place Fantastic Event.
There was a 12-way shake for fourth-place finisher Sanfran in the second division, with eight putting in claims for third-place Bonk and one for second-place Secure Risk.
When more than one claim is filed for a horse, numbered pills representing each of the interests are placed in a bottle, and the new owner is determined by randomly pulling a pill out of the bottle.
There were more than 50 owners and trainers crowding around Nicolo in the winner's circle waiting for the outcome of the shake after the first race.
"We knew there would be a lot of claims in for those horses," Nicolo said. "I had 50 pills ready."
Nicolo's usual container would not hold that many numbered pills, so he got an old martini shaker and removed the screen that prevents ice from coming out of the pour spout.
Ricardo Perez won the shake for Newton John, Mark Rheinford the shake for Iron Duke, and Roger Hansen the shake for Afternoon Express. Rene Amescua was the only trainer who dropped a tag for Fantastic Event.
Hansen, who must have had a rabbit's foot in his pocket, won the 12-way shake for Sanfran, who like Afternoon Express was taken by owner Kjell Qvale. Steve Sherman won the shake for Bonk, with Billy Morey claiming Secure Risk.
"We had owners here I hadn't seen in years," said Bay Meadows director of racing Richard Lewis. "When was the last time Kjell Qvale claimed two horses in one day? We had nearly 90 claims for two races."
Lewis and Bay Meadows racing secretary Tom Doutrich had hoped to fill at least three races in the first leg. But only 16 horses were entered, and three were scratched.
Rheinford said the extra money the series offers prompted him to claim Iron Duke.
"That's a jackpot if you hit it," Rheinford said, adding he had already been offered $25,000 for Iron Duke. "It's worth the gamble. It definitely adds intrigue when you have this series."
Bonfante eyes California Turf Sprint
Bonfante came out of his victory in Saturday's Bay Meadows Sprint in good shape, owner Lewis Figone said, and is likely to return to Bay Meadows to run in the $100,000 California Turf Sprint for Cal-breds at five furlongs on the turf on April 4. There he could meet Tribesman, who ran fourth and last in the Bay Meadows Sprint.
Tribesman came out of the race tired, said trainer Roger Hansen, and it's no wonder. Tribesman and Vicarino, the two favorites in the Bay Meadows Sprint, hooked up in a torrid duel from the start. When they tired, Bonfante flew past them.
Several principals in the race said they saw it coming. Chad Schvaneveldt, Tribesman's jockey, said he told his wife the night before that he could envision Bonfante winning after a pace battle. Hansen said he told his wife the same thing.
Said Hansen: "Horses need a breather at some point, and neither one got one, but that's a good horse that won."
Trainer Greg Gilchrist said that his horse, Vicarino, had no choice but to hook up with Tribesman.
"We wanted to stalk, but we outbroke him and had to take the lead at that point," he said. "Tribesman had won five in a row, and nobody had tested him. It's hard to give him two or three lengths and catch him. We weren't going to give him that much.
"Bonfante was the best horse that day. Give him credit."
Now Victory, Bold Chieftain top stakes
Seven runners entered Saturday's $55,000 March Madness Handicap at one mile on the turf, including Now Victory and Bold Chieftain, who are the 122-pound highweights. Now Victory starts from post 3 post and Bold Chieftain post 7.
Also entered are El Don, winner of the 2005 California Turf Championship here; the multiple stakes winner Stratham, who just returned after a 20-month layoff; stakes winners Pass the Heat and Putmeinyourwill; and the multiple-stakes-placed Macduff.
* Bay Meadows had planned to dump a mountain of snow in the infield for kids to play in back in February, but the promotion was postponed because of rain. It has been rescheduled for Sunday.
* Jockey Jorge Ayarza has been suspended for five days, beginning this Sunday, for causing interference down the backstretch aboard Taylor County in last Saturday's sixth race.


text:
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To battle aging, one of the things that you will have to do is improve the overall quality of your diet. Eat the proper amount of vegetables, dairy products, fruits, whole grains and protein to get the nutrients that your body requires. Try to eat three small, healthy meals and two or three nutritious snacks each day.
Try using avocado oil as an anti-aging agent for your skin. Your skin will drink up the oil, which will be a great help in treating dry skin. Not only will it help your dry skin, it is high in sterolins which have shown to reduce age spots on skin.
Consider hormone replacement when you get older. If you are losing hormones when you age, it can cause your libido, energy, and stamina to decrease. Talk with your doctor if you are thinking about doing some hormone replacement therapy.
Consider living with others. At this point in your life, you should sit down with people who have your best interests in mind and will help you with the best course of action. Look into retirement homes if you cannot live with a relative. An assisted living facility gives you your independence but helps you to tackle your most daunting everyday tasks.
As you age, you should look into switching to different makeup options other than heavy foundations and powders. This is even truer as you age since your skin requires more hydration. Add easy-to-use cosmetics like mascara, eyeliner, and lip gloss into your anti-aging repertoire.
Find ways to relieve stress to prevent premature aging. Exercise 20 minutes per day or more, as well, to ensure that your body has the best results.
Stay away from extreme environmental conditions. Intense cold and intense heat, especially if you're exposed to sunlight, can be harmful to your skin. This not only makes your skin all wrinkly and scaly, but it also raises your risk for diseases, including skin cancer.
Try having a facial massage to help slow down the aging skin in your face. Massaging your face helps bring blood to the surface which reduces poofiness under the eyes and helps prevent wrinkling and saggy skin. Just place your three middle fingers on your face and massage in a circular motion.
You need to protect your skin now, to help preserve it for when you get older. Wearing sunscreen is an important part of an anti-aging regimen. Being out in the sun too long without protection can advance the formation of wrinkles as well as skin cancer.
Always save towards a retirement nest egg, however, save as well for potential health issues. You do not want to have your fun spoiled by an unplanned health problem you do not have the reserves to pay for.
You must get enough sleep each day. Make sure you get between seven and nine hours of sleep every night. Insufficient sleep is a risk factor for many diseases, such as cardiovascular disease and depression.
Schedule regular and routine check-ups with your doctor. Regular exams will allow your physician to identify any potential diseases or problems before they become a major heath concern. When caught early, many diseases, including cancer, can be more successfully treated.
Have fun! This is a great time for you to do the things you want and to make wonderful things happen. Find activities that you enjoy doing, and have fun with what life brings.
Learning new things is one of the keys to be healthy in your aging process. It is important to always learn through life.
The amount of exercise you need increases with your age. As you get older, your body requires more time and energy to maintain its strength and flexibility. Take some quick walks for thirty minutes, at least five days every week. Switch it up with strength workouts twice a week. Having a routine like this will keep your body healthy, and make you less susceptible to problems associated with age.
Aging may cause a decrease in a person's sex drive. If you are an older woman who no longer has interest in sex, you may wish to see a doctor. If you are experiencing low hormones, taking supplements may help with this.
Try to spread joy wherever you are and whenever you are around someone. If you can make someone else smile, you will smile yourself. Happiness is a gift that is worth so much, yet it is free to give.
Make sure to make an appointment with a physician and do the testing you are supposed to do. By staying informed, you can see issues early and fix them right way. The sooner you take action, the better.
Our culture definitely glorifies youth and causes a lot of people to feel bad about aging. Using the above tips, you can unlock the secret to aging well. They may even help you control or even slow down some of the more negative aging aspects, so apply them today.
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Modine® Hot Dawg® 4" Terminal Vent Cap
QC Part #
In stock
Made of AL29-4c stainless steel for superior corrosion resistance and structure strength, this 4" Terminal Vent Cap is used to install Modine Hot Dawg heaters where sidewall venting is allowed by local code. The terminal vent cap has a 90° angle with screen and features factory adhered gaskets for an airtight fit between joints with ring tab locking mechanism to keep the fittings together. UL listed.
Also Available: Modine® Hot Dawg® 3" Terminal Vent Cap, QC Part #21314
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