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The Limits to Recovery: Economic Loss Claims from the Defendant s Perspective Margaret L. Waddell, LLM Paliare Roland Rosenberg Rothstein LLP
- Kristian Wilkins
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1 The Limits to Recovery: Economic Loss Claims from the Defendant s Perspective Margaret L. Waddell, LLM Paliare Roland Rosenberg Rothstein LLP with the assistance, which is gratefully acknowledged, of Gregory Ko, Student at Law Thunder Bay Fall CLE 2011 (Civil Program) Damages Issues Friday, October 21, 2011
2 A. Introduction The Limits to Recovery: Economic Loss Claims from the Defendant s Perspective The common law has traditionally been reticent to recognize claims for pure economic loss arising from negligence claims. Before the House of Lords landmark decision in Hedley Byrne & Co. v. Heller & Partners Ltd. 1, recovery for economic loss in negligence was virtually unknown. Since Hedley Byrne, and the subsequent decision in Anns v. Merton London Borough Council, 2 the principles have been incorporated into Canadian law by the Supreme Court, and claims for recovery for pure economic loss have grown dramatically. The courts, however, have continued to control the outer limits of recoverability for economic loss through the application of the principles of proximity and policy. For defence-side practitioners, the court s ongoing reluctance to open the floodgates for economic loss claims is good news. This paper provides a primer on the evolution and state of Canadian law in relation to claims for pure economic loss in negligence, and provides a practical guide to defenceside practitioners in addressing such claims. B. Pure Economic Loss: Nature and History a) The Nature of Economic Loss The common law historically denied claims for pure economic loss arising from negligence. The reason for this lies in the nature of the loss suffered. Pure economic loss is distinguishable from consequential economic loss, and different policy considerations apply with respect to each of these two forms of financial loss. 3 Consequential economic loss is financial loss causally connected to physical damage to the plaintiff s own person or property. For instance, a victim in a car collision may suffer consequential economic loss in the form of medical expenses or loss of earnings causally connected to the injuries suffered in the collision. Typically, consequential loss is governed by the same principles of recovery applicable to the physical damage itself (i.e. was the loss a reasonably foreseeable result of the defendant s breach of his or her duty of care). On the other hand, pure economic loss is a financial loss that is not causally connected to damage to the plaintiff s person or property. For instance, a person relying on a negligently prepared financial statement or prospectus may suffer a loss by investing in a poorly performing company. Recovery for this type of loss is governed by application of a judicially created three-stage test which I will refer to as the Anns/Cooper analysis. 1 [1964] A.C. 45, [1963] 2 All. E.R. 575 (U.K. H.L.). 2 [1978] A.C. 728 (U.K. H.L.) 3 Allen M. Linden and Bruce Feldthusen, Canadian Tort Law, 9 th Ed., Markham: LexisNexis, 2011 at p
3 The reason for the dichotomy in the treatment of claims for pure economic loss versus consequential economic loss arises from the underlying objective for transference of loss. The accepted paradigm is that actions resulting in physical damage to persons or property invariably create a social loss - something of value has been destroyed or damaged. However, claims for pure economic loss generally revolve around nothing more than a transfer of wealth. 4 While courts feel compelled to deter conduct which causes a societal loss, they are more reluctant to interfere in conduct which merely results in a transfer of wealth in a commercial context. 5 b) Treatment of Pure Economic Loss in the U.K. The starting point for an analysis of entitlement to damages for economic loss cases is, like all tort claims, the decision of the House of Lords in Donoghue v. Stevenson. 6 While not at all about economic loss, the case importantly set out the principled approach to the law of negligence which forms the foundation of all modern negligence law. The question of negligence liability should be approached by asking if the defendant ought reasonably to have had the interests of the plaintiff in mind when she (the defendant) undertook the risky action which led to his (the plaintiff s) injury; a subsequent inquiry asks if the injuries that the plaintiff sustained were foreseeable to a reasonable person in the defendant s place. This principle has come to be known as the neighbour principle. 7 Historically, there has been a general exclusionary rule against recovery of pure economic loss except where the plaintiff has suffered physical damage. 8 The general exclusionary rule came to an end in the House of Lords decision in Hedley Byrne in which Lords Hodson and Devlin specifically rejected the broad exclusionary rule against recovery of pure economic loss. 9 In Anns v. Merton London Borough Council, the House of Lords adopted a principled approach to address recovery for pure economic loss. 10 In Anns, the House ruled that the inquiry based on the neighbour principle, as set out in Donoghue v. Stevenson, is actually the first step of a two-step process for determining negligence liability. Once that inquiry was satisfied, a court should inquire as to whether or not any policy reasons exist to deny liability: [T]he question has to be approached in two stages. First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to 4 Ibid. at p Ibid. 6 [1932] A.C It should be noted that the neighbour principle is not a test per se, but rather a principle upon which casuistic common-law reasoning in negligence cases is based. In other words, the evaluation of the facts of a given case is undertaken by way of analogy to other cases with similar facts, where similar means that similar considerations ought to be made by the parties taking account of the legitimate interests of others. 8 Cattle v. Stockton Waterworks Co. (1874), L.R. 10 Q.B. 453 (U.K. Q.B.). 9 Supra note Supra note 5. 3
4 cause damage to the latter in which case a prima facie duty of care arises. Secondly, if the first question is answered affirmatively, it is necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may give rise. 11 c) Developments in Pure Economic Loss in Canada The House of Lords approach to negligence liability in Anns was adopted into Canadian law in Nielsen v. Kamloops (City) 12. In adopting the House of Lords decision, the Supreme Court articulated the test as follows: 1. Is there a sufficiently close relationship between the parties (the [defendant] and the person who has suffered the damage) so that, in the reasonable contemplation of the [defendant], carelessness on its part might cause damage to that person? If so, 2. Are there any considerations which ought to negative or limit (a) the scope of the duty and (b) the class of persons to whom it is owed or (c) the damages to which a breach of it may give rise? It is upon this basis that the law of negligence liability for pure economic loss has developed in Canada. While this two-step approach was subsequently abandoned in the United Kingdom, 13 the Canadian Supreme Court has repeatedly refused to reconsider its use of this test, and it continues to be applied by the courts in all cases in which novel claims for economic loss arise. Emergence of the Five Categories After Anns and Kamloops, and also in light of the landmark House of Lords decision in Hedley Byrne v. Heller, claims to recover economic loss took flight. This proliferation of cases led Professor Bruce Feldthusen to propose a categorization of these cases in the 1980s, presumably with a view to simplifying the application of the two-part analysis, by setting out the types of cases where economic loss would be recoverable without undergoing an extensive analysis. That categorization was adopted by LaForest J. in his dissent in CN v. Norsk 14 (1992) and, subsequently, by the rest of the Court. 15 It is now the preferred method for the preliminary analysis of economic loss cases. The categories are as follows: 1. The Independent Liability of Statutory Public Authorities 11 Supra note 5 at p [1984] 2 S.C.R. 2 at para Murphy v. Brentwood District Council, [1991] 1 A.C Canadian National Railway Co. v. Norsk Pacific Steamship Co., [1992] 1 S.C.R [ Norsk ]. at para Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] S.C.J. No. 2 [ Winnipeg Condo ] at para
5 2. Negligent Misrepresentation 3. Negligent Performance of a Service 4. Negligent Supply of Shoddy Goods or Structures 5. Relational Economic Loss 16 Beyond the Five Categories In its decision in Martel Building v. Canada, the Supreme Court approached the question of economic loss claims that do not fit into any of the five established categories. 17 The Court in that case held that the five categories exist merely to provide greater structure to a diverse range of factual situations by grouping together cases that raise similar policy concerns. These categories are merely analytical tools. 18 The Court continued: Canadian jurisprudence has consistently applied the flexible two-stage analysis of Anns in determining whether to extend a duty of care in a given case. The Anns approach has been applied in this manner to each of the first four categories of economic loss. The Anns approach is equally applicable when, as in this appeal, the claim alleges a duty of care in an area not previously categorized. The respondent's submission has to be considered within that framework. 19 In other words, claims for the recovery of economic loss which do not fit into the five categories are properly evaluated according to the two-stage test, applied to the facts of the case. This is the process that continues to be applied by our courts. C. Current State of the Law of Economic Loss a) When is Pure Economic Loss Recoverable? The Supreme Court s articulation of the Anns test is found in Cooper v. Hobart and Design Services Ltd. v. Canada. 20 In that decision, the Court reaffirmed the role of the already recognized categories of relationships, 21 but inserted a consideration of policy at the first stage of the test relating to proximity. 16 Supra notes 17 and [2000] 2 S.C.R Ibid. at para Ibid. at para [2001] 3 S.C.R. 537 [2008] 1 S.C.R The Court in Childs v. Desormeaux, [2006] 1 S.C.R. 643 clarified that the reference to categories simply captures the basic notion of precedent: where a case is like another case where a duty has been recognized, one may usually infer that sufficient proximity is present and that if the risk of injury was foreseeable, a prima facie duty of care will arise. 5
6 It is now accepted that cases which fit into any of the established five categories have satisfied the first stage of the test, and a prima facie duty is found: What then are the categories in which proximity has been recognized? First, of course, is the situation where the defendant's act foreseeably causes physical harm to the plaintiff or the plaintiff's property. This has been extended to nervous shock. Yet other categories are liability for negligent misstatement and misfeasance in public office. A duty to warn of the risk of danger has been recognized. Again, a municipality has been held to owe a duty to prospective purchasers of real estate to inspect housing developments without negligence. Similarly, governmental authorities who have undertaken a policy of road maintenance have been held to owe a duty of care to execute the maintenance in a non-negligent manner. Relational economic loss (related to a contract's performance) may give rise to a tort duty of care in certain situations, as where the claimant has a possessory or proprietary interest in the property, the general average cases, and cases where the relationship between the claimant and the property owner constitutes a joint venture. When a case falls within one of these situations or an analogous one and reasonable foreseeability is established, a prima facie duty of care may be posited. 22 In the companion case to Cooper, Edwards v. Law Society of Upper Canada articulated the two-part test in these words: At the first stage of the Anns test, the question is whether the circumstances disclose reasonably foreseeable harm and proximity sufficient to establish a prima facie duty of care. The focus at this stage is on factors arising from the relationship between the plaintiff and the defendant, including broad considerations of policy. The starting point for this analysis is to determine whether there are analogous categories of cases in which proximity has previously been recognized. If no such cases exist, the question then becomes whether a new duty of care should be recognized in the circumstances. Mere foreseeability is not enough to establish a prima facie duty of care. The plaintiff must also show proximity - that the defendant was in a close and direct relationship to him or her such that it is just to impose a duty of care in the circumstances. Factors giving rise to proximity must be grounded in the governing statute when there is one, as in the present case. If the plaintiff is successful at the first stage of Anns such that a prima facie duty of care has been established (despite the fact that the proposed duty does not fall within an already recognized category of recovery), the second stage of the Anns test must be addressed. That question is whether there exist residual policy considerations which justify denying liability. Residual policy considerations include, among other things, the effect of 22 Ibid. at para. 36 (citations omitted). 6
7 recognizing that duty of care on other legal obligations, its impact on the legal system and, in a less precise but important consideration, the effect of imposing liability on society in general. 23 Thus, the current Canadian law of economic loss in negligence can be succinctly described in the following way: 1. In a case whose facts fit into a pattern or category established by the case law as being one where recovery is allowed the five categories set out by the Supreme Court in Cooper a prima facie duty of care exists. 2. In a case which fits into none of those categories, a plaintiff must show both proximity and no reason internal to her relationship with the defendant to override that proximity. If the plaintiff can meet both of those burdens, a prima facie duty of care exists. 3. However a prima facie duty is found to exist, the Court must still examine considerations of public policy to ensure that no policy reason exists to limit or negative the prima facie duty of care. b) Recognized General Categories Given the importance of recognized general categories of relationships in the proximity analysis, it may be useful to canvass the five categories in which duty of care has been recognized in claims for pure economic loss. i) Independent Liability of Statutory Public Authorities The emblematic case in this category is found in the Supreme Court s decision in Kamloops. 24 The case involved a statutory public authority the City of Kamloops which, under its own by-laws had the discretion to inspect the construction of new buildings. In the case, the City found that a new home construction had faulty foundations and issued a stop-work order against the builder. The builder refused to comply with order, and the City failed to enforce it. A subsequent purchaser of the faulty home brought a successful action against the City. In finding that the City owed the subsequent purchaser a duty of care, the Court noted that the City had chosen to regulate the construction of buildings by way of by-law and imposed on the City s building inspector a duty to enforce the provisions of the by-law. While policy decisions are immune from a private law duty of care, operational decisions, as the case was here, may be the subject of a duty of care. 25 In Cooper, the Court had a chance to clarify the law as applied to statutory public authorities. The Court held that to establish a relationship of proximity between a plaintiff and defendant public authority, the court must consider the authority s statutory 23 [2001] 3 S.C.R. 562 [ Edwards ]at paras Supra note Ibid. at para
8 framework to determine whether it imposes a duty of care on the authority to the plaintiff, and not merely a duty owed to the public at large. 26 At the policy stage, it is necessary to consider, as found in Kamloops whether the decision taken was policy (which would immunize the authority) or operational. 27 ii) Negligent Misrepresentation Negligent misrepresentation arises when one party relies on the negligently made statements of another, and the reliance results in loss. The approach to determining proximity in a claim for negligent misrepresentation is the standard of foreseeable reasonable reliance. The Court in Hercules identified five general indicia of reasonable reliance: (i) (ii) (iii) (iv) (v) the defendant had a direct or indirect financial interest in the transaction in respect of which the representation was made; the defendant was a professional or someone who possessed special skill, judgment or knowledge; the advice or information was provided in the course of the defendant s business; the information or advice was given deliberately, and not on a social occasion; and the information or advice was given in response to a specific enquiry or request. 28 Limiting policy considerations that often appear in negligent misrepresentation cases include: concerns for indeterminate liability to an indeterminate class, and the presence of a contractual relationship. 29 iii) Negligent Performance of a Service These sorts of cases often arise where the negligent act of the defendant deprives a beneficiary of a contracted benefit. In Whittingham v. Crease & Co., the intended beneficiary of a will was allowed to recover against the solicitor who carelessly allowed the will to be executed invalidly Cooper, supra note 23 at paras Ibid. at para Hercules Management Ltd. v. Ernst & Young, [1997] S.C.J. No. 51 at para Linden and Feldthusen, supra note 6 at pp (1978), 88 D.L.R. (3d) 353 (B.C. S.C.). 8
9 iv) Negligent Supply of Shoddy Goods or Structures This sort of case is exemplified by the Supreme Court s decision in Winnipeg Condo. 31 In that case, the Court held that a general contractor responsible for the construction of a building could be held liable for negligence to a subsequent purchaser of the building for the cost of repairing dangerous negligent defects. v) Relational Economic Loss These cases arise when the defendant negligently causes personal injury or property damage to a third party. The plaintiff suffers pure economic loss by virtue of some relationship, usually contractual, it enjoys with the injured third party or the damaged property. The oft-cited example is Norsk. 32 In that case, the defendant Norsk had negligently damaged a bridge owned by a third party. The plaintiff, CN, used the bridge pursuant to a contractual agreement with the owner. CN sued Norsk to recover the losses occasioned (in terms of the cost of diverting trains) during the time it took to repair the bridge. CN s claim was granted by the Court. 33 c) Proximity and Policy in the Courts Courts continue to be reluctant to presume a prima facie duty of care unless the facts before them are particularly analogous to those of a case in which duty of care was found to exist. For instance, in many cases where the independent liability of a statutory authority was pled, the court nonetheless undertook the full two-step Anns/Cooper test on the basis that the facts pled were not specifically analogous to a previous recognized relationship between government agents and citizens. 34 It is therefore useful to canvass recent decisions in which the courts have fleshed out the limiting principles of proximity and policy. Proximity In determining whether there is a sufficiently proximate relationship to impose a duty of care, the court will look at the closeness of the relationship between the parties other than foreseeability, including questions of policy in the broad sense. This includes the expectations, representations, and reliance existing between the parties. It is explained in in Cooper as follows: 31 Supra note Supra note In Norsk, there was a dispute as to whether an exclusionary rule existed which barred recovery for economic loss of any type, for relational loss only, or not at all. That debate was resolved in D Amato v. Badger (1999), and the law is now that in a relational loss case, recovery is barred, unless the claimant has a possessory or proprietary interest in the property damaged, or the property owner and plaintiff are part of some type of joint venture. Typically such an interest arises out of a contract between the plaintiff and property owner. 34 See for e.g. Attis. v. Canada (Minister of Health) (2007), 46 C.P.C. (6 th ) 129 [ Attis ] and Drady v. Canada (Minister of Health), 159 A..C.W.S. (3d) 177 [ Drady ]. 9
10 Essentially, these are factors that allow us to evaluate the closeness of the relationship between the plaintiff and the defendant and to determine whether it is just and fair having regard to that relationship to impose a duty of care in law upon the defendant. 35 Policy In determining whether there are residual policy considerations that would limit or negative a duty of care, a court will consider the effect of recognizing that duty of care on other legal obligations, its impact on the legal system and, in a less precise but important consideration, the effect of imposing liability on society in general. 36 In Drady, the Court of Appeal reminded that these policy decisions include the categorization of government policy or operational decision-making in claims asserted against the Crown. 37 d) Recent Cases Attis v. Canada Attis provides a particularly helpful and comprehensive review of the law of pleading claims for pure economic loss and the requisite elements of the test to establish a duty of care in where a new cause of action is being posited. In Attis, the Ontario Court of Appeal found that Health Canada did not owe a private law duty of care to victims of negligently manufactured breast implants. First, the court found that there was not a sufficiently proximate relationship between the agency and the victims, on the basis that: (i) the agency provided no direct service to the victims, (ii) the agency had no contact with them, (iii) the agency did not keep and was not mandated to keep any records of individuals who received implants, (iv) there was no mechanism to notify such individuals about product defects or recalls, and (v) the agency s only method of notification was by public notice (not by individual notice). 38 Further, the Court noted that any duty to ensure safety of the product was on the medical device industry, and by extension, the victims medical advisors, hospitals, manufacturers and distributors of the device Cooper, supra note 23, at para Edwards, supra note 27, para Drady v. Canada (Minister of Health) 2008 CarswellOnt 5662, 300 D.L.R. (4 th ) 443, 68 C.P.C. (6 th ) 306 (CA), at para Attis, supra note 37 at para Attis can be distinguished from Sauer v. Canada (Attorney General), 2007 ONCA 454, 225 O.A.C. 143, in which the Court of Appeal, on a Rule 21 motion, refused to strike a claim brought by cattle farmers affected by the mad cow crisis against the federal government. The Court held that it was not plain and obvious that the claim would fail based on the pleadings, which asserted that the Canadian government made public representations to commercial cattle farmers that the content of cattle feed was regulated. 10
11 Second, the Court held that a duty of care should not be found for policy reasons, namely because: (i) it would trigger indeterminate liability by making the government an insurer of medical devices, and (ii) it could create a chilling effect on public health decisionmaking, where Health Canada would be inclined to limit the number of devices available to the public. 40 Wellington v. Ontario Wellington 41 involved an action brought by family members of a youth killed in a police shooting against the Special Investigations Unit (SIU), an Ontario agency charged with investigating deaths caused by members of the police forces in the province. The family of the deceased alleged that the SIU had conducted a negligent investigation, which caused their grief to be compounded and their ability to recover in another action diminished. The Court held that no duty of care could attach to the SIU. The relationship between the agency and the victim s family was not sufficiently proximate, because: (i) the SIU owes its duty to the public at large and not to individual victims or their families, (ii) the duties are overwhelming public in nature, and (iii) the agency s enabling statute imposes no explicit duties to victims or their families. 42 Although not explicitly considered policy by the Court, it held that a private law duty of care to the family would interfere with the SIU fulfilling its primary duty to the public at large. 43 Heaslip Estate v. Mansfield Ski Club The estate of a deceased brought an action against the government of Ontario for failing to dispatch an air ambulance to transport the victim from a remote community to a hospital. 44 The Ontario Court of Appeal held that the government, for the purposes of a Rule 21 motion, owed the victim a duty of care. The Court found that a sufficiently proximate relationship between the parties could be made out on the basis that: (i) the province was made aware that the victim had suffered a life-threatening injury and (ii) the province had adopted a policy for air ambulances that gave priority to those suffering from lifethreatening injuries. 45 The Court found no policy reasons to limit or negative the duty because of the highly specific nature of the claim, which would not open the door to indeterminate liability. 46 Knight v. Imperial Tobacco Canada Ltd. 47, 40 Ibid. at paras ONCA 274, 105 O.R. (3d) 81 [ Wellington ]. 42 Ibid. at paras Ibid. at paras. 45 and Heaslip Estate v. Mansfield Ski Club Inc., 2009 ONCA Ibid. at paras Ibid. at para
12 In Knight v. Imperial Tobacco Canada Ltd., 48 the Supreme Court considered two actions involving allegations of negligent representation against the federal government, one by smokers of light and mild cigarettes and the second by the manufacturers of those cigarettes (by way of third-party notices). The Court found that the federal government did not owe a duty of care to consumers, on the basis that (i) its relationship with consumers was limited to statements to the general public that low-tar cigarettes were less hazardous, and (ii) there were no specific interactions between Canada and the class members. 49 The Court, however, found that there was a proximate relationship between Canada and the tobacco companies. It found: (i) that Health Canada assumed duties separate and apart from its statute, including research, design and promotion of tobacco products, (ii) that Agriculture Canada carried out a program of cooperation with and support for tobacco growers and cigarette manufacturers, including advising cigarette manufacturers of the desirable content of nicotine in tobacco to be used in products, and (iii) that Agriculture Canada provided advice and directions to manufacturers relating to tobacco strains developed by the agency for use in the manufacturers tobacco products. The Court, however, declined to recognize a duty of care as between Canada and the tobacco companies for policy reasons, because Canada s conduct constituted a policy decision, involving social and economic considerations, developed out of concerns for the health of Canadians. It also found that it would open to the door to indeterminate liability, particularly given that Canada had no control over the number of people who smoke light cigarettes. D. Responding to a Claim for Economic Loss From the preceding overview of the status of the law of recovery for pure economic loss, the defence bar can take some comfort. This is not an area of the law that is expanding by leaps and bounds. The courts remain reluctant to find claims that open up new categories of potential recovery, or to venture intrepidly into uncharted waters. When faced with a claim for economic loss, it always makes sense to start from first principles. Does the claim fit squarely into one of the five established categories? If it is not exactly on all fours, then there is a strong argument to be made that the court should undertake a full Anns/Cooper analysis. That leaves the defendant with three different opportunities to develop arguments in favour of rejecting the claim as disclosing no reasonable cause of action. First, is there reasonable foreseeability of harm arising from the defendants conduct, particularly in a case where the conduct was not directed at the plaintiff, specifically. Second, is there sufficient proximity? Proximity is a malleable concept, and requires a detailed fact-specific analysis. There is ample opportunity for a defendant to argue that there is, in all the circumstances of the case, an insufficiently SCC SCC Ibid. at para
13 proximate relationship for a prima facie duty of care to arise. Finally, there is the second stage policy analysis. This, too is an area open to creative interpretation. What policy objectives can or should be in play? In the case of competing policy concerns, which ones should have precedence? In developing and arguing the reasons why a particular economic loss claim should not be allowed out of the gate, the defendant should take full advantage of articulating the reasons against permitting the claim under each head of the analysis. Economic loss generally arises in a commercial context, and in that context, typically there are contracts between the parties that define their relationships. In many instances the contracts will include terms that exclude liability for negligent conduct. So to in corporate by-laws or articles of incorporation. An important part of the factual analysis relevant to the question of proximity and the existence of a duty of care will be what the parties have agreed between themselves. In many instances the relationship and the limits of exposure will be well defined already. Even if there is no exclusion of liability expressly incorporated into the documents, the scope of the relationship, including the reasonable expectations can be gleaned from the commercial terms of the parties dealings with each other. These can provide a fertile ground for arguments limiting the proximity argument and the presumption of a duty of care. The principle area of concern for the courts and for defendants arises in the final policy analysis. Particularly, the spectre of indeterminate liability for indeterminate losses to an indeterminate number of claimants. In each area of the law, limits on liability are imposed, and here the courts are particularly wary of expansion. Absent reasonable limits, there is a genuine policy concern that commerce, the judicial system and society, in general could be impaired. Strong arguments can be advanced that untried claims for economic loss should be permitted in only the most clear of cases, where there is a direct and obvious causal link and damage to the plaintiff was the patent and inevitable result of a want of care on the defendant s part. In all other cases, the plaintiff should accept that there are some economic costs to life in a developed society and that they should bear the loss as a cost of participation. Even if the claim is allowed to proceed to trial, the plaintiff is still faced with a tremendous burden to establish that the losses she or he is claiming are causally connected to the alleged breach of duty of care. Causation can be tricky to establish in today s complicated economic environment, where there may be many factor at play affecting financial circumstances. The onus rests squarely on the shoulders of the plaintiff to clearly link their loss to the allegedly negligent behaviour. The challenge for the defendant is to point to the other potential reasons for the loss, or to show that there is, in fact no loss that was caused by the defendant s actions. Similarly, arguments regarding the plaintiffs duty to mitigate are particularly strong in the context of claims for pure economic loss. In the commercial context, there are ample opportunities for parties to recoup their losses through taking reasonable steps to mitigate loss. Here is fertile ground for the defendant to till. 13
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text:
|Top: December 10, 1995 Bottom: March 1, 2012
Anyway, back to Goody's... The building has been abandoned for years. Who would have thought that film would die such a quick death and that Kodak would be on its deathbed only a decade after digital cameras became commonplace? I expect more condos as soon as the economy improves.
My friend "The Mover", who assisted me on the ill-fated mannequin expedition, also documented this stretch of road in 1995 with a series called The Ponce de Leon Panorama Project. Here is his shot of Goody's.
To see The Mover's massive 30-shot panoramic montage of mid-1990s Ponce, just click the photo below. Be sure to check to peruse his photos on flickr. There are hundreds of great pictures from around Atlanta.

subset: commoncrawl


text:
Jeff, Scoffing at people who are trying to do the right thing is not a feature of this list, which is nice. With regards to XML/XSL so far as I know people are using it internally =and generating HTML to send over the web. I use amaya which allows me to save as XHTML - HTML written in XML, and allows for MathML to be included. SVG is XML (a graphics format that can be written in a text editor!) and early implementations have been demonstrated at WWW8 last week. There are browsers such as indelv wich allow XML/XSL to be used. But I don't know of any widespread shipping of XML/XSL to the general public yet. (I may just be ignorant though.) cheers Charles On Fri, 21 May 1999, Jeff Guillaume wrote: Thanks for all of your comments, everyone. I hope I didn't come off sounding like a prick. It's exciting when you realize the potential for such a better WWW in light of correct and proper coding. I will now reveal my true identity (I'm BATMAN!), and company Web site. I didn't want you all to just scoff at me and my silly comments by looking at my poorly put-together site. I'm working on a complete revamp right now, and I will continue to monitor and use THIS resource as a starting point on all my questions. Another question, then: Is anyone actually using XML/XSL? It looks so cool and yet I haven't seen much widespread use. ---- WE INTERRUPT THIS MESSAGE TO BRING YOU THE TRUE IDENTITY OF A CERTAIN E-MAIL AUTHOR... You may all still scoff at me (for I am a mere 19 years old), but I am the Web Developer for Centaurian Systems in Michigan. The initial Web site I designed for our company failed the Bobby test miserably. So please don't email me saying the site sucks, because I already know :). ---- WE NOW RETURN YOU TO THE EPIC E-MAIL: "Accessibility is hard! Let's perform brain surgery!" Thanks again, everybody! [Jeff Guillaume, Web Developer] http://www.centaurian.com Centaurian Group LLC 2111 Univesity Park Drive, Suite 650 Okemos, Michigan 48864-3973 (888) 613-6933 * (517)381-9611 Cellular (517) 204-5976 Fax (517) 347-1834 ICQ: http://wwp.icq.com/30333451 --Charles McCathieNevile mailto:email@example.com phone: +1 617 258 0992 http://www.w3.org/People/Charles W3C Web Accessibility Initiative http://www.w3.org/WAI MIT/LCS - 545 Technology sq., Cambridge MA, 02139, USAReceived on Friday, 21 May 1999 13:56:05 UTC
This archive was generated by hypermail 2.3.1 : Tuesday, 13 October 2015 16:21:04 UTC


text:
A dead car battery is always a pain. However, when your car battery dies in the cold, dry winter months, it is especially painful and can even be dangerous. Winter weather is hard on your car battery. If you haven't taken the right precautions, you may be unpleasantly surprised with a dead battery the next time you get in your car.
Winter is tough on batteries for two reasons:
So beat the cold and follow these tips to keep your car or truck battery performing at its best:
#1 – Visually Inspect the Battery
You should first inspect the battery casing for cracks, leaks and other damage. Damaged batteries need to be replaced immediately. The battery and cables should be free of corrosion, the cable ends should be secured to the battery posts securely, and the cables should be checked for damage and wear.
#2 – Have Older Car Batteries Tested
If your battery is three years or older, ask one of our tech center specialists perform a cold cranking power test (CCA test) on it. This test measures the amount of power (amps) the battery is able to produce for a half a minute when the temperature is zero degrees Fahrenheit, while maintaining a minimum terminal voltage of 7.2 volts. A car battery can lose 30 to 50 percent of its power when the temperature drops down below the freezing point and more than half its power when the temperature drops below zero.
#3 – If Possible, Park in the Garage During the Winter Months
Another tip to help keep your battery working this winter is to park it inside. Protecting the battery from the freezing temperatures and the frigid winds will help keep its power level up. If parking in a garage isn't possible, and it's going to sit outside in the weather for several hours, start it up a few times and let the engine run.
#5 – Use a Trickle Battery Charger
Whether your car sits outside or in an unheated garage, you can use a battery charger to keep it starting easily. Hook a battery charger up, and the power will trickle in as it's needed. The battery won't be overcharged.
Batteries Plus has over 30,000 batteries and trained associates there to install them, so make us your automotive battery source. Visit your local Batteries Plus store to have your car or truck battery and electrical system tested for FREE – no appointment is necessary!
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text:
I have to say that if the manga doesnt have too many chapters or isnt finished, its better to wait. Just look at poor Yumekui Merry which got a crappy second half of the anime which was anime only. Sometimes they manage to pull off good anime only endings or stories, but most of the time theyre just crap. I dont know how fast things progress in the manga Dalliah linked, but i'd say Arachnid atleast could make for a good anime. About 1-2 chapters per episode. Its up in 24 chapters right now so that'd be 12, which is enough for a season, and still have a good pace.
Its worse with manga that doesnt progress too fast from one point to another (i feel the need to mention Bleach here. One chapter barely covers an episode).


text:
Speedyswiftwings is a comic creator from Rochester Hills, MI. His contributions to the comic world include the creation of groups EnrG and the Dark Legion. Though he does not work out of Marvel, he enjoys reading Marvel comics and is a big fan of the X-men and Daredevil. --speedyswiftwings 17:00, 31 March 2009 (EDT) Speedyswiftwings
Follow Marvel


text:
Good morning and happy Monday! It's the first day of summer, and the last (scheduled) day of the legislative session. David Paterson is in Albany today, as is Harry Wilson, the Republican candidate for comptroller. And there are budget bills before the Senate and an extender before both houses. Here are some headlines…
Andrew Cuomo is developing an urban agenda, as some non-white lawmakers grumble about his campaign's record on their issues. (TU)
The legislature will today take up a bill extending government services and raising taxes on cigarettes. (TU)
Gov. David Paterson is considering a deal to restore education funding, if some of it is used for property tax relief. (WSJ)
Paterson is also pushing for a bill that would expand his budgeting powers. (BN)
On The Capitol Connection with Alan Chartock, Cuomo laughed off Charles Barron's 'anger management problem' and said that Gov. David Paterson's budget techniques, while not ideal, are working. (WAMC/SOP/DP)
Bob McCarthy says that Cuomo will take a Rose Garden approach to campaigning. (BN)
Jim Odato writes that DCJS lost nearly 46,000 fingerprint records. [Clarification: DCJS spokesman John Caher notes that,a s noted in Jim's column, the agency purged the records at the erroneous request of the NYC Taxi and Limousine Commission.] (TU)
Richard Ravitch doesn't go to cabinet meetings, Fred Dicker writes. (NYP)
The state is raiding a fund for cemetery maintenance. (NYP)
AG hopeful Sean Coffey is lashing out at his opponents 'Espada' problems, Liz Benjamin writes. (DN)
Coffey's firm donated big to previous state comptrollers, and got legal work from the pension fund. (DN)
Eric Schneiderman and Richard Brodsky are questioning Kathleen Rice's record on Rockefeller Drug Law reforms. (NYT)
All five Democrats vying for the position will debate tonight in Manhattan. (City Hall)
We all knew you could get tax-free cigarettes on tribal reservations, but tax-free chocolate? (TU)
Paterson is going to gut the LMDC. (NYP)
Labor leaders in New York are doing well. (NYP)
A Queens developer disavowed Rep. Greg Meeks, to whom he's loaned money. (NYP)
Casey had flashbacks to the Senate coup while in Amsterdam. (TU)
Assemblyman Michael Benjamin is not running for Congress. (City Hall)
Where did Buffalo's stimulus money go? (BN)
We're applying for another round of Race to the Top money. (AP)
Why did New Covenant, the state's second charter school, fail? (TU)
Gasland, a documentary on hydrofracking, will air tonight on HBO. (PSB)
And here are some national headlines…
Will Rahm Emanuel leave the White House? (NYP)
Is John Kerry pushing too hard for climate change legislation? (Politico)
Democrats will use the BP apology in the midterms. (WP)
The company has hired a lot of lobbyists. (WP)


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Sofia Vergara is giving a new meaning to showing off your guns. The Colombian actress is featured wearing a machine gun bra that sparks flames for Robert Rodriguez's Machete Kills movie poster. We can imagine that shooting at villains using your breasts must definitely take plenty of target practice. Just saying.
The Modern Family star isn't the only Latina bringing the fire. Alexa Vega was recently photographed rocking revealing leather chaps for the film, which also stars Danny Trejo, Michelle Rodriguez, Amber Heard, Charlie Sheen, Antonio Banderas, Jessica Alba, Demián Bichir, Vanessa Hudgens and more.
We have to admit, this almost tops the director's penis gun in Dusk Till Dawn. This is just another way Rodriguez is using sexuality as his weapon and firing directly us.
What do you think about Sofia's movie poster?


text:
Detailed Product Description
China Bathroom Furniture,China Bathroom Cabinets,Bathroom Wall Cabinets,Bathroom Vanity Cabinets
2. Size: 1000x470mm
KBC is one of the biggest professional manufacturer and exporter for solid wood bathroom cabinet in China!
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mian size: 1000x470mm
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Our mainly products are Bathroom cabinets, PVC faced MDF cabinet, kitchen cabinets, cabinet door, solid wood cabinets, China Bathroom Furniture, wardrobes, bath cabinet, wall and base cabinet, modular cabinets, closets, bathroom vanity and kitchen accessories . We are producing high quality Kitchen and bathroom cabinet and China Bathroom Furniture according to USA, Europe standard. The production capacity is 2000 sets /month and they are very popular in American, Australian, The Middle East and so on. Our factory are euipped with some advanced and professional machinery. Modern Style Bathroom cabinets (bathroom vanity) / kitchen cabinets and Traditional Style Bathroom cabinets (bathroom vanities) / kitchen cabinets is offered in the lowest price in China.We are sure we will supply high quality China Bathroom Furniture products and best services for you. We sincerely thank you for your kind attention to our China Bathroom Furniture products, and hope that our close co-operation will create new brilliance for both parties in future. Looking forward to your further enquires and visiting our factory! Please inquiry us just now!


text:
The American
Academy of Urgent Care Medicine (AAUCM) is collaborating with American Medical
Seminars, Inc. (AMS) to offer high-quality, practice-based Continuing Medical Education
to all AAUCM members. AMS provides evidence-based, guideline-driven and
case-based content through self-study modules, allowing
users to build customized courses designed to fit their individual learning needs. Offered in five-credit
increments, the flexible
method of choosing topics gives users the opportunity to earn from five to up
to 50 AMA PRA Category 1 Credits™. The
portability and flexibility of Audio CD, DVD and Digital MP3/MP4 formats allows
users the convenience to choose when and where they study.
American Medical Seminars
Medical Seminars, Inc. (AMS) is an ACCME Accredited Education Company that
provides both live and recorded courses for Physicians, Physician Assistants,
and Nurse Practitioners. AMS was founded in 1986 to provide half-day live courses
of high-quality, practice-based and unbiased Commercial Free CME®. These events fulfill the
professional needs of AMA/AAFP/ACEP & ACOG Credits, as well as the personal
needs of vacation/family time, and are presented and recorded live, annually,
in Sarasota, FL. AMS goes beyond just recording and duplicating these events. Their
recorded learning modules are ensured to be the best offered by carefully
analyzing the live sessions for the highest-rated content, which is then edited
and divided into smaller self-study digitally recorded modules, and then made
available in a variety of formats. Our rigorous live and recorded course
development methods ensure that these courses will not waste your time and will
provide you with concise, practical and evidence-based information that you can
immediately use in your practice. AMS Live and Recorded courses may be viewed
by going to www.AmericanMedicalSeminars.com.
About AAUCM
The American Academy of Urgent Care
Medicine (AAUCM) is the leading society for physicians, physician assistants
and nurse practitioners practicing Urgent Care Medicine. The purpose of the
AAUCM is to contribute to the field of Urgent Care Medicine in the areas of
professional growth scientific and medical research and medical education all to
improve the overall quality of medical care. The American Academy of Urgent
Care Medicine is working diligently to protect and ensure the future of the
specialty of Urgent Care. Visit www.aaucm.org to learn more.
For More
Information, Contact:
Cari Withrow
Academy of Urgent Care Medicine
Hiawassee Rd., Suite 206
Orlando, FL
Search for Urgent Care centers near your zip code.


text:
Originally posted on The Penalty Flag | Last updated 12/17/12
If the Chicago Bears had any real intention of participating in the 2012 NFL playoffs then a win on Sunday at home against the NFC North leading Green Bay Packers was a must. A Bears loss would not only concede the division title to the Packers but it would also give the Minnesota Vikings the opportunity to slide into the sixth seed in the NFC playoffs with only two games remaining. Well the perfect storm came to the Windy City in Week 15 of the NFL season and it looks as if it will force the Bears into another long winter's nap. Losers of five of their last six games the Bears have been in a slump the second half of the season. Coming into Sunday's game the Chicago Bears offense ranked a dismal 28th in the NFL; to say their performance has been a disappointment is a huge understatement.… Read more
PLAYERS: Jay Cutler, Matt Forte, Brandon Marshall
TEAMS: Chicago Bears
TEAMS: Chicago Bears
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text:
No, it had nothing to do with hanging chads.
That would have meant Clippers center Chris Kaman's name was actually on the West- ern Conference All-Star ballot. It never got there, surprisingly.
Kaman wasn't surprised by the oversight. He knew he didn't play enough last season, just 31 games, and also noted that there were questions about his future and durability, and that there are "politics" involved in the process.
"There's nothing I can do about it," he said after practice Tuesday. "There's a lot of good players. It's a tough thing to be an All-Star. You've got to make the right moves, a team has to win.


text:
Life for Ruth
1962, Drama
Steadfast in his religious faith, John Harris (Michael Craig) refuses to give an emergency blood transfusion to his ailing daughter, believing a higher power would cure her. Tragically, the child dies, and John becomes the town pariah, even as he's wracked with guilt over his decision. Now with the town and his own wife, Pat (Janet Munro), against him, John must defend himself against a wrongful death suit brought by the child's physician, Dr. Brown (Patrick McGoohan).


text:
December 10, 2013
Long-Standing Mystery Of Tropospheric Warming Finally Solved
Lee Rannals for redOrbit.com - Your Universe Online
A long-standing mystery surrounding unusual warming of planetary atmospheres is not just exclusive to our solar system, but is most likely universal, according to a paper published in the journal Nature Geoscience.In 1902 a scientist named Léon Teisserenc de Bort found a point in Earth's atmosphere where the air stops cooling and begins growing warmer. This finding was surprising considering scientists knew that as you climb in altitude, the air grows colder and thinner.
De Bort named this mysterious region in the atmosphere the 'tropopause' because it sits between the stratosphere and the troposphere. In the 1980s a NASA spacecraft found that Earth isn't the only planet in our solar system with tropopauses. The space agency discovered that Jupiter, Saturn, Uranus and Neptune all have tropopauses, as well as Saturn's largest moon Titan. NASA also found that the tropopause point on these planets occur at roughly the same level in the atmosphere.
The explanation as to why these planets, and moon, all have tropopauses occurring at a pressure of around 0.1 bar in the atmosphere has been a bit of a mystery to scientists. All of the objects have great differences in atmospheric composition, gravity, internal heat and sunlight. However, in all of these bodies, the tropopause separates a stratosphere with a temperature profile that is controlled by the absorption of short-wave solar radiation.
The new study suggests that tropopauses are probably common to billions of thick-atmosphere planets and moons throughout the Milky Way.
Researchers say that the explanation lies in the physics of infrared radiation. Atmospheric gases gain energy by absorbing infrared light from the surface of a rocky planet or from the deeper parts of the atmosphere of a planet like Jupiter, which has no surface.
The team used an analytic model to show that at high altitudes atmospheres become transparent to thermal radiation due to the lower pressure. Above the level where the pressure is, the absorption of visible, or ultraviolet, light causes the atmospheres of the planets to grow warmer as altitude increases.
The scientists say the physics should apply to the vast number of planetary atmospheres with stratospheric gases that absorb ultraviolet or visible light. Astronomers could use this rule of thumb to extrapolate temperature and pressure conditions on the surface of planets and work out whether the worlds are potentially habitable.
"We know that temperatures are going to increase below the tropopause, and we have some models for how we think those temperatures increase — so given that leg up, we can start to extrapolate downward toward the surface," said astronomer Tyler Robinson of the University of Washington. "It's neat that common physics not only explains what's going on in solar system atmospheres, but also might help with the search for life elsewhere."


text:
Quick Reference
(1902–71), producer.
Born in Nebraska City, Nebraska, and educated at Princeton, he spent some years working in films before becoming a talent agent. In 1944 he produced A Bell for ...
Subjects: Music — Theatre.
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text: Greg KH wrote:> On Fri, Nov 07, 2008 at 04:35:47PM +0800, Zhao, Yu wrote:>> Greg KH wrote:>>> On Fri, Nov 07, 2008 at 04:17:02PM +0800, Zhao, Yu wrote:>>>>> Well, to do it "correctly" you are going to have to tell the driver to>>>>> shut itself down, and reinitialize itself.>>>>> Turns out, that doesn't really work for disk and network devices without>>>>> dropping the connection (well, network devices should be fine probably).>>>>> So you just can't do this, sorry. That's why the BIOS handles all of>>>>> these issues in a PCI hotplug system.>>>>> How does the hardware people think we are going to handle this in the>>>>> OS? It's not something that any operating system can do, is it part of>>>>> the IOV PCI spec somewhere?>>>> No, it's not part of the PCI IOV spec.>>>>>>>> I just want the IOV (and whole PCI subsystem) have more flexibility on >>>> various BIOSes. So can we reconsider about resource rebalance as boot >>>> option, or should we forget about this idea?>>> As you have proposed it, the boot option will not work at all, so I>>> think we need to forget about it. Especially if it is not really>>> needed.>> I guess at least one thing would work if people don't want to boot twice: >> give the bus number 0 as rebalance starting point, then all system >> resources would be reshuffled :-)> > Hm, but don't we do that today with our basic resource reservation logic> at boot time? What would be different about this kind of proposal?The generic PCI core can do this but this feature is kind of disabled by low level PCI code in x86. The low level code tries to reserve resource according to configuration from BIOS. If the BIOS is wrong, the allocation would fail and the generic PCI core couldn't repair it because the bridge resources may have been allocated by the PCI low level and the PCI core can't expand them to find enough resource for the subordinates.The proposal is to disable x86 PCI low level to allocation resources according to BIOS so PCI core can fully control the resource allocation. The PCI core takes all resources from BARs it knows into account and configure the resource windows on the bridges according to its own calculation.Regards,Yu


text:
ViewSonic have just announced a couple of netbooks and nettops. The netbook side of things are covered by the ViewSonic VNB100 and VNB101 netbooks.
At first glance the ViewSonic VNB101 looks very much like the Asus Eee PC S101, but I'm sure ViewSonic would disagree with me.
The VNB101 looks nice and slim and has an attractive looking design, and a 10.2-inch LCD backlit LCD with a 1024×600 pixel resolution.
While the majority of the specifications are similar to many other netbooks on the market, such as the Intel Atom 1.66GHz Atom N280 CPU, 1GB RAM and a 160GB hard drive, the ViewSonic VNB101 does have something a little extra to offer.
While most netbooks normally have a Li-Ion battery, the ViewSonic VNB101 features a 3400mAh Lithium-Polymer battery, which should last for a good five hours, but are lighter and take up a smaller area. So there is no bulge or extra thick body.
The ViewSonic netbook will be available in Champagne, red, and black color options. The converted price comes to about $485. Via Netbook News with video.


text:
Villa At Old Trafford Images & Coverage
The official site have a lovely picture gallery from yesterdays 1-0 win over Manchester United at Old Trafford (will never get bored of saying that!) just click on the FIRST image:
Click on any of the images I've purchased below and it will take you to the Vital Villa Acorns 450 challenge, got to be worth a couple of quid at Christmas surely?
Stats: Click Here
MON's post match reaction: Click Here
Sir Alex shows no grace as usual spitting and snarling at the 4th official ffs: Click Here
How much do we love Gabby? Click Here
Official site match report: Click Here


text:
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The combination of Cloud9 IDE and OpenShift Online also allows users to run executables, including binary models, Node.js support, Ruby, PHP and C++ applications. This flexibility has allowed many to benefit from using Cloud9 IDE in their infrastructure, including startups, independent software vendors and freelance developers. Working with a variety of users has allowed Cloud9 IDE to explore the next phase of offerings within a private cloud.Supporting Quotes Ruben Daniels, CEO and founder, Cloud9 IDE "Once we really understood what OpenShift was capable of from a technical point of view, we realized we could integrate it to support a better workflow for our users to easily build apps. The combination of Red Hat's leadership in PaaS and our capabilities at Cloud9 IDE offer developers an easy, flexible and efficient way to build and deploy applications. Our platform wouldn't be where it is today without OpenShift Online." Ashesh Badani, general manager, Cloud Business Unit and OpenShift, Red Hat "We are excited to collaborate with Cloud9 IDE so more users and developers can experience the full range of programming languages and runtime ecosystems OpenShift has to offer, along with the inherent flexibility and ease of use of the platform. We look forward to continuing to enable more developers to easily utilize PaaS platforms like OpenShift Online for their applications." For more information
- Read the full Cloud9 and OpenShift case study
- Visit Cloud9 IDE's website
- Learn more about and download Red Hat OpenShift Online
- Get more Red Hat news or subscribe to the Red Hat news RSS feed
- Follow Red Hat on Twitter
- Join Red Hat on Facebook
- Watch Red Hat videos on YouTube


text:
GK in Hindi - General Knowledge in Hindi- सामान्य ज्ञान Current Affairs in Hindi
Yaun Sambandh यौनसम्पर्क तरीका यौन सम्पर्क यौन-सम्बन्धों का कारण केवल संतानोत्पत्ति Buy Pati Patni Sambandh Sada Tarotaza Banaye (Hindi) Books Download Yon Samband youtube videos to 3gp mp4 mp3
Yaun Sambandh यौनसम्पर्क तरीका यौन सम्पर्क यौन-सम्बन्धों का कारण केवल संतानोत्पत्ति
Most women who have a long list of things that they do not want their partner. Just think of something before now take a look at the list and be sure to take care of them before the next time the Intimate.Do not waste MusicMusic is such a weapon, which could change your mood in an instant. Lights off as soon as you do, let the mood to make some music on. Just be careful what music it kills are the carefully listen to your girlfriends. Whatever music you're going to find, that he will go through it to decide how your night. Gurley more songs (such as Madonna, Miley Cyrus, and type) and avoid too clear that it might not play the music you are playing in view of sex.Keep off the phoneDo you have picked up the phone during sex or making love? Do not do it at all. Intimate with your lady love you if your phone is set to close. During your sexual act and if the phone can pose a problem if you have to call your mother might be moving your girlfriend took off his jacket.Shall not touch them forciblyIf you can not wait to stroke his girlfriend are on the body, so just be careful. Suddenly he tried to take off their clothes to touch or you can make Nakamiab forever, so be a little patient and to start slowly. Love at first touch and then gradually show their passion.Do not ask for favorHow far he can go, and what their limits are, already indicated it is mostly women, but men can change their minds very well. A passion which filled them with you in your home and that he would be prepared to walk. Even if your girlfriend is not ready for these things if you do not ask them to beg for it, so be sure that you will never get a second chance.


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When Diane Bish heard her first Renaissance™ organ, she became so impressed with its tonal integrity and quality that she asked Allen Organ Company to jointly develop a series of instruments with her own special design touches. The result: the unique Diane Bish Signature Series Organs that bring a touch of Diane to churches throughout the world.
- Diane Bish Signature Series™
Console Features:
- Diane Bish Signature Series™ brass plaque
- Deep cherry finish with custom high-gloss accents
- Special illuminated theatre-style wood music rack and square side overlays
- Matching finish locking roll-top console and lift-lid bench with storage area
- Red Tutti buttons and red felt keyboard treatments
- Red drawknob engravings for Reed and Orchestral voices, green for Couplers
- Six complete stop lists: Classic Allen, Cavaillé-Coll, Schlicker, English Cathedral, Aeolian-Skinner and Arp Schnitger
Diane Bish
Concert and recording artist, composer, conductor and international television
personality, Diane Bish has displayed her dazzling virtuosity and
unique showmanship the world over. Her performances have been hailed
by critics as "stunning, virtuoso, fiery, and astonishing". Through
numerous recordings, concerts and weekly television appearances,
Diane Bish is the most visible American organist today.
Diane is perhaps best known through the international television series, The Joy of Music, in which she combines exhilarating organ and ensemble performances with an informative, inspirational narrative and exciting world travel. In 25 years, over 500 programs have been taped in famous cathedrals and concert halls on the organs of the world!
In 1989, Diane was awarded the National Citation by the National Federation of Music Clubs of America "for distinguished service to the musical, artistic, and cultural life of the nation," considered to be the Federation's highest honor. Diane Bish shares this rare distinction with such legends as Leonard Bernstein, Eugene Ormandy, Van Cliburn, Robert Shaw, Irving Berlin and Fred Waring.


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"I have been the wedding officiant for many TV and celebrity weddings but KTLA's professionalism and style make these two weddings standout."
Los Angeles, California (PRWEB) February 25, 2014
Chris Robinson, a popular Los Angeles wedding officiant also known as the Officiant Guy, had a big Valentine's Day week. He was chosen by KTLA News as the featured wedding officiant during their "KTLA Daily I Do" feature in which five lucky couples were selected to be married in an all-expenses paid ceremonies on the KTLA Sunset Blvd Studio Lot.
Robinson was asked to be the wedding officiant for the wedding ceremony for Lissa and Felipe on Tuesday and was chosen as the officiant for the big Valentine's Day same-sex wedding ceremony of Conchita and Lisa to climax the week of celebration.
On both dates, Jessica Holmes from the KTLA Morning News team was the enthusiastic emcee adding a lot of fun to the occasions while Wendy Burch helped everyone get into a celebratory mood. "I have been the wedding officiant for many TV and celebrity weddings but KTLA's professionalism and style make these two weddings standout," said the Los Angeles officiant.
Both weddings were beautifully coordinated by wedding planner, Kathleen Cover. Breathtaking flower arrangements were provided for the first and second wedding by Mille Fiore Floral Design and Missy Fine Events. The newlyweds celebrated their receptions at the Anaheim Whitehouse and Santa Monica's Casa del Mar before whisking to their luxury honeymoons at Santa Barbara's Bacara Resort and Spa and Carlsbad's Onmi Resort and Spa.
The KTLA wedding set was thoughtfully and uniquely decorated for both weddings. Robinson was impressed with the great charm and wonderfully inviting attitude of everyone he met at KTLA from the charismatic guard staff at the entry gate to the KTLA anchor team who all played a part in the celebratory send-off after each wedding.
The Officiant Guy was both moving and smooth as he delivered the nuptials. Of course, he was quite honored to be asked to preside over such special wedding ceremonies. In Chris's eyes, "Every wedding is a beautiful occasion but those that are televised are especially fun and unique. And KTLA really does it right."
About Chris Robinson
Chris Robinson is Officiant Guy, a lawyer, a wedding officiant and a specialized notary public who is authorized to issue LA County marriage licenses. He has officiated thousands of wedding ceremonies throughout Southern California. He can be found at OfficiantGuy.com


text:
Showing Suppliers 1 - 5 of 5
Beijer Electronics
Address: 1865 W. 2100 S., Salt Lake City, UT
Business Type: Manufacturer
Description: Smarter ways to solve your challenges Beijer Electronics is a technology corporation focusing on industrial automation and robust data communications. For 30 years, Beijer Electronics has been creating innovations and technology solutions that bring our customers greater efficiency and... (more)
Address: 2755 E. Cottonwood Parkway, Suite 400, Salt Lake City, UT
Business Type: Manufacturer, Service
Juniper Systems, Inc.
Address: 1132 West 1700 North, Logan, UT
Business Type: Manufacturer
Parvus Corporation
Address: 3222 So. Washington Street, Salt Lake City, UT
Business Type: Manufacturer
Touch Screens, Inc.
Address: 445 N. 1660 West Circle, Saint George, UT
Business Type: Manufacturer
Description: Offering a variety of touchscreen input devices for PC systems, including touch add-ons, touchscreen monitors, information kiosk systems, and more.... (more)


text:
Create-a-Caption: 'I will *tell* you what the deal with Dirk's beard is'
Come on to do some comedy, wind up getting actual answers to your set-up rhetorical questions. It's a tough spot to be in, Jerry Seinfeld, but at least you're getting to have a fun chat with Dallas Mavericks owner Mark Cuban (you usually have to go to Sloan for that) and Jay Leno (you usually have to go to Vegas for that). The joke might not have landed the way you wanted it to, but that still seems like a reasonably fun time, I suppose.
Also, it's a .500 thing. Which, by the way, they're now just three wins away from, and just 2 1/2 games out of the eighth seed. It's like I've always said, man: Beards don't lie.
Best caption wins a wholly unnecessary "Seinfeld" drinking game. Use it responsibly, and good luck.
If you missed Cuban's appearance on "The Tonight Show" and would like to watch him discuss "Shark Tank," you can do so here.
In our last adventure: JOKEY DESCRIPTION OF LAST TIME.
Winner, Gordon: "That's where they're gonna hang my jersey ... right between Gilbert Arenas and Gheorghe Muresan."
NOTE: The Bullets/Wizards actually have four pretty legit retired numbers ... but they're from a loooooooong time ago.
Runner-up, Mad D: Martell Webster: "Look, white smoke! That means we have a new pope."
John Wall: "Nope. Just a disgruntled fan setting the roof on fire."
Second runner-up, Jodan: "See those seats? Only $1."
NOTE: And a steal at roughly 4 1/2 times the price!
A Special Commendation in Ruling, Close But No Cigar Division, goes to C-a-C stalwart The Devil, who commented thusly: Emeka Okafor points out several places that are NOT John Wall's "sweet spot."
Pros: Strong and funny reference to a recent Wizards story. Cons: That's Martell Webster, not Emeka Okafor. It's OK, though; it happens to the best of us. Just keep firing.