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Category: Injuries
Understanding the development of Theo Walcott – Positioning and technique: Analysis and Discussion
On September 9, 2010 February 20, 2011 By jamesgillespIn Arsenal, Injuries, Tactics19 Comments
Theo Walcott has been subject to a rollercoaster of criticism and praise in the five years since signing for Arsenal in January 2006. Here we attempt to understand the evolution of his game. Before signing Theo, Arsene Wenger highlighted some of the key attributes of his game which are all running themes in his development as a player – pace, positioning, and decisions:
"I like the timing of his runs, his determined attitude, the fact that he can play in different positions up front and that he is calm in front of goal…The composure he shows in decisive moments doesn't change, whether it's in division one or the Premiership – you have that or you don't have that. He has determination as well as electric pace."
That Theo's pace would be his main attribute in striking fear into defences was apparent from his debut for Southampton against Wolves in 2005, and the use of pace was clear in many of his early goals at Southampton. However, positioning is key in bringing the best out of players, and Walcott needed to be placed carefully to allow his game further to become effective at the top level.
Continue reading "Understanding the development of Theo Walcott – Positioning and technique: Analysis and Discussion" →
The father of dirty dirty football in the Premier League, and how Ramsey was done in
On March 1, 2010 January 12, 2011 By jamesgillespIn Arsenal, Comment, Injuries8 Comments
Sam Allardyce has molded Blackburn in his own image during his time there, just has he did at Bolton. The match against Liverpool saw Blackburn notch up 25 fouls, equaling this season's record for fouls. This endemic 'physical' style play is the direct cause of Aaron Ramsey's leg hanging off at an awful angle on Saturday.
Continue reading "The father of dirty dirty football in the Premier League, and how Ramsey was done in" →
Arsenal vs. Celtic Second Leg: Fabregas out, expect rotation – Ramsey?
On August 26, 2009 September 4, 2010 By jamesgillespIn Arsenal, Champions League, Injuries4 Comments
Fabregas is out for the CL Second Leg Qualifier tonight against Celtic with a hamstring problem. The injury is not serious according to Wenger though.
Fabregas was taken off at half time against Portsmouth, and went for a scan afterwards which showed that the muscle was not strained. I expect he will be back for the game at Old Trafford on Saturday afternoon, but if he needs more time then the club should allow him to recover.
Wenger said that he will be rotating the squad, as we saw in the Portsmouth game with several changes in defence and midfield. The players who need a rest will be rested but Wenger insisted that his selections will not be influenced by the Man Utd tie on Saturday.
"I will rest the players who need to rest. "Some players have played many, many games; if I feel they need to rest, I will do it. It is not as a result of that game [against Manchester United on Saturday], it's just if you have a player tired, you play the player who is fresh. I will play the team who I think is most efficient to win the game considering the level of some players."
Expect a 4-3-3 formation yet again, with Ramsey stepping up to replace Fabregas. He already has the passing quality to fit into the first team, and his goal on Saturday was well taken. What Ramsey lacks is experience so tonight will be a big test if he gets the chance.
Wenger knows that we will have to be on our game tonight, Celtic have spirit, but their awful European away record, and our 2 – 0 lead away from home definitely give Arsenal the advantage.
"I thought Celtic did well in Moscow, it makes us more on alert, we know they had a very good away performance. To be strong at the Emirates is vital for our season. Any time you show weakness at home can have consequences for the game and also your season."
Highlights on Arsespeak after the game!
Arsenal Transfer News: Senderos could stay, Matuidi linked – One week to go
On August 26, 2009 September 4, 2010 By jamesgillespIn Arsenal, Injuries, Transfers3 Comments
Arsene Wenger yesterday hinted that Senderos may have a future at Arsenal this season. Spending last season on loan at AC Milan, he has been suggested as Everton's replacement for Joleon Lescott, and hasn't been part of the team sheet so far this season. Wenger commented:
"There is no change with Senderos. If he has not moved before the deadline then he will be considered as any other player in the squad."
This suggests that he still has a place in the squad if he decides to stay.
Wenger has also stated that we have not placed bids for any players, with just a week to go until the close of the transfer window.
"I have not bid for Matuidi. The only thing I can tell you is that at the moment we are not close to signing anybody. We have still one week."
We have again been linked with Matuidi, whether there is any truth in these rumours is doubtful, but I wouldn't be surprised if Wenger has his eye on at least one target to bring in before the week is out.
In other news Lescott has finally signed for Citeh for £22m, taking their spending to over £120m this summer. That's about a third of all the Premier League spending, which shows how heavily they are investing. That may push Everton to now place a bid for Senderos.
Ex-Gunner Sol Campbell has also signed on at Notts County, seemingly lured by the long term project at the League Two club, and the presence of ex-England manager Sven Goran-Eriksson. The move surprised Wenger, as it is a step down from Premier League football, but Campbell has the chance to play for several more years, and help the club progress.
In any case Arsenal look strong, but like the past two seasons, when injuries strike: we will suffer. The team needs more depth if we really want to be strong contenders for trophies.
4-3-3 is the way forward, plus another Gooner signs for Citeh
The aftermath of the first home game of the season seems to be positive. A 4-1 victory over Portsmouth highlighted the flexibility of the 4-3-3 formation, which has brought us 12 goals in 3 games so far.
The goals are coming from all over the park which is good, as in the past we have suffered from a lack of goals from midfield. Our top scorers in all competitions are now Gallas – 3, Cesc – 2, and Diaby – 2. The strikers we have are proven goalscorers too, the likes of RvP and Eduardo for example.
Defence also seems strong, with new signing Vermaelen looking particuarly solid in the air and on the ground on Saturday.
The 4-3-3 formation looks solid, allowing midfielders to get forward, and the likes of Eduardo and Arshavin to be creative in attack.
Song, Cesc, Arshavin and Wenger all discussed the new system in the Portsmouth matchday programme, and emphasized the redefined roles they will play. They also pointed out that we can switch back to a 4-4-2 when needed.
I think the formation also suits our players, as we have many attack minded midfielders, and a fluid style of passing and movement. The new formation allows us to keep balance in the team, not too defensive, but not leaving the defence exposed either.
On the transfer front things are still pretty quite for Arsenal, but I expect we might see one more face come in the next week or so.
City have signed Silvinho from Barca, increasing their numbers of ex-Arsenal men. I don't blame him for taking the opportunity, his playing days are nearing an end and he will most likely be on generous wages.
Joleon Lecott is also set to sign for City today, becoming the 3rd most expensive defender on record. I wouldn't say he was worth £20m plus, but if they have the money then why not.
Thats all for today, should have more stories and a Celtic preview tomorrow. check out Untold Arsenal for a great review of Premier League club debt, makes interesting reading as always.
Fabregas needs to grab the opportunities against Man Utd. Champions League Build-up
On April 28, 2009 September 4, 2010 By jamesgillespIn Arsenal, Champions League, Injuries2 Comments
Ahead of the game against Man Utd at OT on Tuesday the press have been setting the stage for what everyone expects to be a Champions League classic.
United are going to be up for the game and they have experience in these matters. Meanwhile Arsenal only have 3 players remaining from the squad that took us to the 2006 Final just 3 years ago.
That in itself shows you just what transistion the team is going through. I think the experience of the last two years has been invaluble, but our opponents have the advantage in their steady squad.
Vidic knows how to stop us – He says that the key will be stopping us scoring. This is no mean feat as we have been scoring freely recently and Man Utd have started to concede reguarly.
I can't see the game being goalless, and Wenger will know our best chance is to attack. But their defence is still decent and we will have to be at our best because as Scholes says:
"We don't really care how good it is to watch or how much pretty football is played, as long as we get to Rome.
"We are looking forward to the challenge [but] I don't know how much of a spectacle it will be."
I think the game will be exciting, but it may be a little tense in the first half. All we need is an away goal and we have a massive advantage.
Fabregas' leadership will be a key factor in the game:
"It doesn't get much bigger than a semi-final against Manchester United"
"When English teams face each other in the Champions League it can look like a domestic of a League Cup match that Arsenal's in a European game, but we need to realise it is not like that and we just want to be in the final again."
Even Flamini is supporting us, you can read his interview on the BBC:
"They deserve success because they have worked so hard and have great quality – I feel they are capable of big things.
If we can keep the defence reasonbly tight against Man Utd's fluidity up front, and keep possession then the game will be very even. We have had good results against United in recent years, and it can be maintained, but we are the underdogs tomorrow.
More to follow ahead of the game.
Arsenal can still show what they're made of against Liverpool
On April 21, 2009 September 4, 2010 By jamesgillespIn Arsenal, History, Injuries2 Comments
We face Liverpool at Anfield tonight, 20 seasons on from the momentous 2-0 win in 1989 and the situation is rather different. Wenger spoke about the game tonight:
"I feel it is always better to win your big games because it makes you stronger for the next one.
"So we will have nothing to do with 'favourising' Liverpool or Manchester United because we want to win.
"It's a big game and we just want to win it."
After the Chelsea semi I didn't feel like posting, the result was awful and it felt pretty bad. Luckily we have this game today to get that defeat out of the players minds. Unfortunately it won't be easy. We still have a rather large injury list – RVP and Ade are both out, and defensively we are missing Almunia, Gallas and Clichy.
Liverpool are just one point behind leaders Man Utd and need to win every game to have a chance of winning the title. We really can decide who finishes where as we play all three contenders in the next few weeks.
As long as we secure 4th place and try our best for any higher then I will be pleased with the league performance. We really must try to win tonight.
"We have not secured fourth place and we can still be third…Wednesday night is Chelsea v Everton and you never know, if Chelsea drop points and we play Chelsea at home we can come back on third.
"We just have to accept what happened on Saturday, to deal with it and not repeat it…We have many big games coming up and we feel we can win them.
"Winning is what we live for. We cannot be happy with only trying to remain fourth.
"We want to get closer to the top and have a good opportunity to come back to six points on Liverpool this evening.
"Third place is important, second place is important and why not first? You never know.
"You do not want to have regrets. We want to win every single game, no matter what competition we play in.
"Of course we are disappointed having lost in the Semi-Finals of the FA Cup, but we want to bounce back quickly."
That is exactly what we need, a result that will put the team back on the right track. I'm really hoping for a good result, the games at Anfield are always classic so tonight shouldn't disappoint.
Also check out this article on Five Live's Alan Green (closet Liverpool fan), it makes a good read.
Highlights and match report after the game!
Arsenal – Chelsea: FA Cup semi at the new Wembley
On April 18, 2009 September 4, 2010 By jamesgillespIn Arsenal, FA Cup, Injuries1 Comment
Injuries have defined Arsenal's season, today's game at Wembley sees us with a defensive line-up which is scraping the bottom of the barrel. The likely players are Silvestre, Song, Toure, Eboue, with Fabianski in goal. This in itself isn't awful – all are good defenders – and Silvestre, Toure and Eboue have a combined wealth of experience. Sagna may recover for the game – but at the time of writing he is still ill, while Gibbs hurt his hamstring against Villarreal, in any case the back line will not be full strength.
The problem for me is that this season none of the above are first choice, excepting Toure (and even he has been dropped at times this season). Instability in selection breeds problems and the biggest challenge we face against Chelsea is going to be at the back.
Arsenal Chelsea Carling Cup Final 2007: Image courtesy of Free-ers
I am quietly confident about the game though, Chelsea have been leaking goals recently – in their last 2 games they have conceded 7 – and we are scoring freely at the moment with Arshavin, Walcott, Van Persie and Adebayor all in form. We can outplay them if we fight like we showed against Villarreal.
If, however, Arsenal don't impose themselves on the game we may see another performance like the first half at Wigan. We need score and take the game to Chelsea.
Personally this will be my first visit to the new Wembley and it will be exciting to see Arsenal play in a national stadium again. Wenger has his concerns about the quality of the playing surface, it is rumoured that it isn't up to scratch – but at least we are playing first – Man Utd face Everton on Sunday at Wembley giving the pitch just 24 hrs to recover.
To be a successful club you have to beat the best, I'm desparate to see Arsenal prove themselves this season. So much criticism has been levelled at Arsene Wenger and the players, a trophy is the only way to show that we are still a force, winning this game will take us a step closer to that end.
Under Guus Hiddink Chelsea have transformed and they will be threatening – I'm worried about Lampard's goals from midfield – we are going to have to be on top form to get the right result.
Arsene tells the truth about this season
On April 12, 2009 September 4, 2010 By jamesgillespIn Arsenal, Injuries, Transfers7 Comments
Arsene Wenger gave a very honest interview to L'Equipe (translated by News of the World) before the Wigan game where he really goes into detail about Arsenal's inconsistencies early this season and how he feels about it.
"I did make a mistake in perhaps underestimating the harmful effects of last season, especially the loss of the title. I asked myself a lot of questions during the close season about the influence losing the title in the last two months might cause."
I really felt that the way we lost the title last season was very hard on the players – to think that even after our awful run we were still only 4 points off the top shows how close we were to glory. The fact that players like Hleb and Flamini left also didn't help in the short term.
Wenger went through his hardest time as Arsenal manager at Christmas, and there were some people calling for his dismissal. A lot of players got slated as well as his transfer policy. He admits that the present is a different story:
"The barometer is confidence and when that seizes up . . . now we are unbeaten for 18 Premier League matches and that leaves with me with a lot of regrets."
"And I remained faithful to my policy when everyone told me I was heading straight for a brick wall. People reproach me for not having bought Gareth Barry or Xavi Alonso.
"But I am a prisoner of my own policy. Buying Barry or Alonso is killing Alexandre Song, Abou Diaby and Denilson."
"You can't do a public job in a big club, not win matches and say they are all imbeciles."
"The fact that we are remarkably consistent shows we have quality. That is no coincidence."
This is all very true – but I think he learnt a little more about Arsenal through the hardship. The sigining of Arshavin has made a huge difference, as well as the return from injury of players such as Walcott, Fabregas, Adebayor. Denilson and Song have come on leaps and bounds this season – Song's performance and goal against Wigan yesterday underlines this fact.
The team is playing as a unit and has been through a lot over the last two years – the experience will only make them stronger and if Wenger keeps them together this youthful team will be one of the best he has produced.
Wigan 1 – 4 Arsenal Highlights, Arshavin's Magic!
On April 11, 2009 September 4, 2010 By jamesgillespIn Arsenal, Champions League, FA Cup, Highlights, Injuries2 Comments
Wigan Ath 1 – 4 Arsenal: Mido 18, Walcott 61, Silvestre 71, Arshavin 90, Song 90. Highlights at Arsenalist.com.
Arsenal came back from a goal down against Wigan to claim all three points in front of 22000 at the JJB Stadium.
Image courtesy of Paul Holloway
Mido's early goal gave Wigan the lead, but Walcott equalised after 60 minutes, thanks to Arshavin's skill in the box. Then Arshavin played a through ball to Fabregas who set up Silvestre to score on the edge of the 6 yard line. 2-1!
Arsenal countered for their 3rd goal – Arshavin picking up a poor clearance on the edge of the box to slot home, and Alex Song of all people dribbled past two Wigan players and into the box before shooting to make it four!
A fantastic result for us – just a pity that Man Utd and Chelsea both scraped wins against Sunderland and Bolton.
Injury Worries
We also lost Djourou to injury which worries me. We are already suffering after losing Gallas and Clichy. Today we ended up with Gibbs and Silvestre playing in defence – as long as we keep winning it isn't a problem – but defensive instability was the reason we leaked so many goals earlier this season.
Wenger said before the game that the league was the priority for the future, the Champions League and the FA Cup the immediate priority. This victory took us a step closer to Champions League qualification, as well as keeping us on the tails of the top three.
We will miss Arshavin on Wednesday, he showed today how much he has brought to the team, he creates chances and scores goals – but he can still help us in the league and the FA Cup.
Oh and also, Happy St. Totteringham's Day to you all; Spurs can no longer finish above us in the League, haha.
Arsespeak Man of the Match: Andrey Arshavin
Lineup: Fabianski, Sagna, Toure, Djourou (Silvestre 35), Gibbs, Walcott (Adebayor 68), Denilson (Van Persie 63), Song , Arshavin, Fabregas, Bendtner.


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Q: Is it easy to siphon power from a powered antenna? I have a property which is in a bit of a hole.  My driveway goes up to an elevation above my house where semi-local TV signals are present.  When they were still in local business, I bought a powered antenna from Radio Shack and mounted it on a pole at the top of that driveway.  It has an internal amplifier which is powered from a small (200 mA) DC source down at the house, and which is "injected" on the same coax line the signals it picks up are returned on (there is no separate power line needed to run to it).
I imagine this is simply a matter of "AC riding on DC", and that at the antenna, there is some kind of circuitry to pull off the DC without impacting the signals (I know I would likely be aghast if I opened it, since it may be something as small as 2 or 3 capacitors, when it cost around $70, but it was the SuperBowl, and I was having people over).
Fast forward to today.  This driveway is wide enough for 1 car, and is semi-long and has a small curve.  I'm a bit of a train signal system fan, I thought it would be neat to to put something the railroad calls a "dwarf signal" next to the road to let cars at the bottom know when a car is coming down from the top that they can't yet see so they can stop and back down.  Since we're talking approx 600 feet, I'd rather not run another cable up there to power this light and any associated sensor(s).
THE QUESTION:
In such AC+DC amplified antennas, can I reasonably expect to draw off DC current for this signal system without interfering with the TV signals present?  Broadcast TV uses such a wide swath of frequencies that it might be hard to interface with this antenna without creating interference or attenuation.  I'm guessing I would likely need a very wide bandwidth bandstop filter.
Can anyone point me to any circuit examples for circuits like this?

A: you can get steal few milliamperes of the power that's going up the coax.
the power goes in at the bottom using a "bias tee"
but to extract power at mid-span you want one without the capacitor.
or you get one and bypass the capacitor.
A suitable inductor can be made by passing a wire through both holes of a UHF/VHF balun core.

simulate this circuit – Schematic created using CircuitLab

redpajama_set_name: RedPajamaStackExchange


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Cookies from home! For the person who is away from home—on a mission, in the service, at college, or for any other reason—a batch of homemade cookies is like manna from heaven.
The holiday season is a time when such treats are doubly appreciated. Your own children, grandchildren, cousins, nieces, nephews, friends, neighbors, and sweethearts are all candidates for receiving a home-baked treat. And what distant grandmother wouldn't appreciate a tasty packaged treat prepared by a thoughtful granddaughter!
Whoever the recipients are, they usually rate the family favorite cookie—chocolate chip, oatmeal, applesauce, or whatever—at the top of the list. But it's also nice to send a new kind for variety.
The secret of having cookies arrive moist and whole rather than dried out and in a pile of crumbs is to not overbake them and to store them in tight containers until you are ready to wrap and mail them. Wrap each cookie individually in a small piece of waxed paper to preserve freshness, and pad well between layers to protect from bumps. Be sure to use small tins or very sturdy boxes to pack the cookies in.
And don't forget to mail early! Cookies are always welcome in February, but are even more appreciated if they arrive in time for the holidays.
While you are baking for those away from home, don't forget family and friends nearby. Bake several large batches of cookies of different varieties and then put a few of each kind into freezer bags. When company knocks at the door, you can pull out a bag of cookies with a nice assortment to thaw on a plate.
And don't be afraid of cracking a tooth on an ice-hard, unfrozen bar. By the time the guests' coats are hung, the greetings exchanged, the children hugged and kissed and exclaimed over, the plate of cookies will be thawed out and ready to serve.
Our favorite cookies are those that are soft and moist. Following are five of these treats.
The fruit cocktail cookies have added moistness from the addition of a well-drained can of fruit cocktail to the dough. Since these cookies are especially yummy as they come right from the oven, be sure to bake a few extra for those home nibblers.
Peanut butter fans (and who isn't!) will enjoy the peanut butter cookies with a new twist: the addition of grated raw apple.
Another drop cookie favorite that travels or freezes well has loads of mincemeat and spices. And oatmeal cookies, our old standby, are made doubly moist and delicious with the addition of mashed bananas. It's a tasty way to use up left-over bananas that are too ripe for eating plain.
And finally, raisin bars are delicious not only for the holidays, but they also pack well in a picnic basket in the summer. Their flavor improves with standing, and should there be any extras, they are easily frozen.
Cream sugar and shortening. Add eggs and mix well. Add fruit cocktail, the 3 tablespoons fruit cocktail juice, molasses, and vanilla, and mix well. Sift together flour, soda, and spices; stir into batter. Add raisins and nuts and mix well. Drop by teaspoonfuls on greased cookie sheet; bake at 350° for 12 minutes or until just barely done. Cool; then wrap for mailing or freezing or store in cookie jar.
Mix well together shortening, peanut butter, brown sugar, and granulated sugar. Add egg, vanilla, and apples (unpeeled, if you like the added color, or peeled if you prefer a smoother texture). Sift together and add the flour, soda, and cinnamon. Stir in nuts. Drop by teaspoonfuls on greased cookie sheet and bake at 325° F. for 15–17 minutes or until lightly browned.
Cream shortening and brown sugar. Add eggs and vanilla and mix well. Sift flour, salt, soda, cinnamon, and nutmeg together and add alternately with mincemeat and water. Drop by teaspoonfuls on greased cookie sheet. Bake at 350° F. until set and lightly browned (approximately 12–15 minutes).
Cream butter and sugar. Add egg and bananas. Mix well. Add sifted dry ingredients, oats, and nuts. Place teaspoonfuls on greased cookie sheet and bake at 350° F. for 12 minutes or until done.
In large saucepan combine water, sugar, shortening, raisins. Bring to a boil and boil 3 minutes. Cool. Combine dry ingredients and sift into cooled mixture; blend well. Add nuts. Spread evenly in greased and floured 9-inch square pan. Bake at 325° F. for 45–55 minutes. Cool. Store in pan, tightly covered. Frost if desired for home use.
Sister Moultrie, a graduate nurse, homemaker, and mother of three children, teaches Relief Society and is Sunday School secretary in the Woodland (Washington) Ward, Columbia River North Stake.


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Q: Redis-cluster setup on ubuntu 20.04 i want to setup multi-node redis-server cluster on ubuntu 20 using docker
i am getting documents for single node redis-server cluster
can anyone share me the commands or the links for setting up multinode redis-server cluster

A: You can find instructions here.
For example, to create a minimal cluster with 3 masters:

*

*Create 3 directories (e.g., 7000, 7001, 7002).

*In each directory, create a redis.conf file and add the following directives:
port 7000
cluster-enabled yes
cluster-config-file nodes.conf
cluster-node-timeout 5000

Don't forget to change the port in each file.

*cd to each directory and run:

redis-server ./redis.conf

*Run:

redis-cli --cluster create 127.0.0.1:7000 127.0.0.1:7001 127.0.0.1:7002 --cluster-replicas 0


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Mine Hill Preserve
Mine Hill Preserve (HMDJH)
Location: Roxbury, CT 06783 Litchfield County
Buy Connecticut State flags at Flagstore.com!
A place of Natural, Geologic and Industrial Heritage
Recognized on the National Register of Historic Places, Mine Hill is the site of a 19th century iron mine and furnace complex. The Roxbury Land Trust acquired the 360-acre preserve in 1978. The significant stone and brick structural remains of the furnace complex have been restored and stabilized. These historic structures are located 0.2 miles from where you stand. At the complex, you will also find three groups of interpretive signs which explain Mine Hill's history, the iron-making process and Mine Hill's impact on the region.
A trail loop (blue blazes) runs along the perimeter of the preserve with a distance of 3.5 miles. Clockwise, this trail ascends up the Donkey Trail and passes by two mine tunnels and a series of grated air shafts, which now serve as entryways to several bat hibernacula. The trail then begins its descent past an abandoned quarry. It eventually joins a dirt road (Hodge Road) and ends at the furnace complex.
For a shorter hike, there is an easy trail around the reservoir located about 100 yards from the base of the Donkey Trail. This trail begins at the base of the reservoir, crosses over the earthen dam and bridge, loops around the reservoir and then rejoins the Donkey Trail.
HMDJH
Industry and Commerce, Natural Resources
Roxbury Land Trust
Thursday, September 18th, 2014 at 8:05pm PDT -07:00
41° 33' 35.34" N, 73° 20' 7.26" W
At or near 3661-3699 Quarry Dr, Roxbury CT 06783, US
Show me all markers in: Roxbury, CT | Litchfield County | 06783 | Connecticut | United States of America
The Orzech Family Preserve
Cadet Charles K. Hodge
Roxbury Veterans Monument
Col. Seth Warner Monument
Roxbury WW II Veterans Marker
Bridgewater WW I Memorial
Bridgewater WW II Memorial
Bridgewater Veterans
This marker can also be identified by its HM code. You can use the hashtag #HMDJH in tweets, and any other place where you might refer to this marker, including when searching on this site.

redpajama_set_name: RedPajamaCommonCrawl


A national Under 18 Māori Rugby Development team has been selected, for the first time, to play a curtain raiser match before the Bay of Plenty Steamers v Auckland in round six of the Mitre 10 Cup next Sunday.
The team announced by Deputy Chairman of the New Zealand Māori Rugby Board Peter Goldsmith today, is made up of talented school age boys who have been part of New Zealand Rugby's (NZR) E Tu Toa rugby development programme in 2016.
The side will play a Bay of Plenty Māori Te Waiariki U19 team at Rotorua International Stadium at 2pm on Sunday 25 September.
The National Māori Rugby U18 Development team will be coached by Rua Wanoa (Ngāti Porou), Reuben Parkinson (Te Whānau-ā-Apanui) and supported by Anthony Rehutai (Ngāti Porou), and Kahu Carey (Rangitāne/Ngāti Apa). The team will be managed by Mark Seymour (Ngāti Hikairo).
Goldsmith said the development of Māori rugby at the youth level was a big focus for the New Zealand Māori Rugby Board.
"We're dedicated to developing our future talent and this team provides an opportunity for young Māori who have missed out on the New Zealand Schools and New Zealand Barbarians Schools to be recognised.
He said the day will be a celebration of Māori rugby with national schools kapa haka champions Rau Kura performing. Rotorua mayor Steve Chadwick will be presented with a taiaha (Te Roto) by NZR to formally recognise the awarding of the Māori All Blacks vs British and Irish Lions match to Rotorua, in 2017.
E Tu Toa rugby development camps are open to Māori rugby players of high school age around New Zealand and are run by NZR. The camps focus on tikanga and taha Māori. Young players are encouraged to continue to play rugby and become rangatira within their communities and for their whānau. It is also an opportunity for identifying and developing Māori rugby talent.


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Interview with Songwriter K CAMP
100 Years of Radio–100 Years of Hit Makers
100 Years of Hit Makers
Interview with Songwriter K CAMP Download
26:51 Download	October 16th, 2020
It takes a rare talent to elevate the game from multiple angles all at once. As a rapper, entrepreneur, and executive, K CAMP personifies rarity across the board.
Establishing himself as a titan in the Atlanta scene through a knockout combo of clever rhymes and chantable hooks, the multiplatinum star quietly maintains a position amidst hip-hop's most influential forces.
In this episode of 100 Years of Radio -100 Years of Hit Makers, we sit down with K CAMP to hear stories behind the lyrics and songs he's helped create.
100 Years of Radio – 100 Years of Hit Makers special podcast series is produced in partnership with Beasley Media Group, XPERI (HD Radio), and BMI in celebration of the 100-year anniversary of the first commercial radio broadcast.
Interview with Songwriter Scott Stapp
19:43	Download	November 7th, 2020
Interview with Songwriter Chuks
Interview with Songwriter Brock Berryhill
Interview with Songwriter Lzzy Hale
42:31	Download	October 31st, 2020
Interview with Songwriter Jesse Frasure
Second Date Update On The :10s Podcasts
Big Jim's Garage podcast with Jim O'Brien
You know that guy who loves to talk with you about cars and racing? That's Big Jim O'Brien – and you're always welcome to stop by his garage as he hats with some of the biggest names in racing: Mario Andretti, Alexander Rossi, Roger Penske, Bob Seger, Kurt Busch and many more…
Play Latest (January 7th)


Have you seen this change.org video from 2015 about children on Nauru? If not, watch it now; it's a rare occasion when we get to see incarcerated refugees, especially the young, for who they really are—not the criminals nor the terrorists they are treated as.
If you have seen it, watch it again to remind you to immediately add your voice to the growing revolt against the Turnbull government's decision to return 267 asylum seekers—whether en masse or secretively 'case by case'—to the Nauru concentration camp, for that's what it is, whatever the lies about the refugees' 'freedom' to wander the island.
Sign the GetUp! Let Them Stay petition now.


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News Coverage from USA
5 things to know about her water biz
07.01.2019 by news coverage
Zlati Meyer
Published 12:48 PM EST Jan 7, 2019
Millions of Americans tuned in Sunday night for one of the biggest Hollywood award shows, but much of the talk since then has been about not the globes that were golden, but the dress that was blue.
The gown was worn by model Kelleth Cuthbert in a shade matching the label of her patron, Fiji Water. She photobombed numerous stars' Golden Globes red-carpet pictures with her tray of bottled water, ostensibly to help entertainment industry royalty stay hydrated during the marathon event.
The publicity stunt paid off. Consider all the chatter around the non-Fiji Water cooler and beyond since the big event, including two trending hashtags, #FijiGirl and #FijiWaterGirl; a viral meme that has her lurking in famous scenes, including walking on the surface of the moon and standing near Lee Harvey Oswald as he was shot; and parody Twitter accounts.
More: Weight Watchers, Jenny Craig remain top picks for dieting, weight loss in 2019
More: Ford recalls nearly 1 million vehicles for risk of shrapnel from exploding Takata airbags
More: Empty nester? Here's what to do to get your finances back on track
Here are five things you need to know about the A-list water:
Hip to be square
Fiji Water is best known for its iconic square bottles, a hit among celebrities. Its label describes the clear liquid as "natural artesian water" and with the modesty of the bold-faced names it courts, the brand uses the catchphrase "Earth's finest water."
Even regular people gulp H2O, though maybe not Fiji Water. Still, a rising tide lifts all water brands.
In 2016, bottled water beat carbonated soft drinks to become the No. 1 choice in the U.S., according to the research and consulting company Beverage Marketing — 12.8 billion gallons sold versus 12.4 billion.
The premium water is owned by The Wonderful Company, which bought it in 2005, according to the corporate website. It's a privately held $4 billion, Los Angeles-based company, founded by Stewart and Lynda Resnick.
Other brands in the portfolio include Pom Wonderful, the pomegranate juice line; Teleflora, the flower delivery service; Halos, easy-peel, seedless mandarins; and Wonderful brand pistachios and almonds.
Buzz, buzz, buzz
The guerrilla marketing worked, because Fiji Water figured out how to crack social media by attaching itself to what it knew would be the talk of every town — celebrities, entertainment and the Golden Globes. That it's an upscale product, not a downmarket brand trying to elbow its way in, helped, too.
"There's such pressure on brands today to be seen and get noticed and say, 'Hey, look at me,'" said Allen Adamson, co-founder of the New York-based marketing strategy firm Metaforce. "It's right for their brand, their user base. It's how they go in there without having to write a huge check."
The Wonderful Company couldn't immediately be reached for comment.
Whether the Fiji Girl move ultimately leads to more sales remains to be seen. Did the last such Hollywood-event stunt — the selfie Ellen DeGeneres organized at the 2014 Academy Awards — prompt you to buy a Samsung Galaxy Note 3?
Not new to shtick
Fiji Water may not add flavors constantly, like Oreo, or develop Instagram-inspired sandwiches and drinks — we're looking at you, Starbucks, Burger King and Arby's — but it knows how to grab attention. A play for the national spotlight came in 2006 when the company ran a full-page that proclaimed, "The label says Fiji because it's not bottled in Cleveland."
The city shot back by testing its water; the result shows Fiji water had more arsenic than Cleveland's, the Associated Press reported at the time.
A real place? You bet
Fiji Water comes from an aquifer on the island of Viti Levu, according to the brand's website.
Fiji is an island group in the South Pacific Ocean, about two-thirds of the way from Hawaii to New Zealand, slightly smaller than New Jersey, the C.I.A. World Factbook said.
September 2014 brought the country's first democratically elected government and parliament in eight years. The previous leadership had obtained power with a coup.
Follow USA TODAY reporter Zlati Meyer on Twitter: @ZlatiMeyer
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Kansas City Chiefs' numbers won't mean much without Super Bowl
News Coverage from USA © 2021. All rights reserved


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Our Future with Computers
What Was-What Is and What Will Be
- Computers
- Software
A Brief History of Computers
Home/ A Brief History of Computers
Date: September 14, 2018 Posted By:AdminCategory:Computers
The computer as we know it today had its start with a 19th century English math professor named Charles Babbage.
He made the Analytical Engine, and it was this design that the first frame of the computers of today is based on.
Computers can be categorised into three generations. Time and each gave us a new and improved computer or an improvement to the present computer.
It was known as the Atanasoff-Berry Computer (ABC). In 1943 a digital computer name the Colossus was built for the army. Other improvements continued until in 1946 the first general– purpose digital computer, the Electronic Numerical Integrator and Computer (ENIAC) were assembled. It's said that this computer weighed 30 tons, and had 18,000 vacuum tubes that were utilised for processing. If this computer was turned on for the first time lights dimmed in parts of Philadelphia. Computers of the time could only perform a single task, and they had no operating system.
Second generation: 1947 — 1962 – This generation of computers used transistors instead of vacuum tubes that were more reliable. In 1951 the first computer for industrial use was introduced to the general public; the Universal Automatic Computer (UNIVAC 1). Storage media like disk and tape were in use were printers for output.
Third generation: 1963 – current – The creation of integrated circuit brought us the next generation of computers. With this innovation, computers became smaller, stronger more reliable and they're ready to run many different programs at the same time. In1980 Microsoft Disk Operating System (MS-Dos) was created, and in 1981 IBM introduced the personal computer (PC) for office and home use. Three decades after Apple gave us the Macintosh computer using its icon-driven interface and the 90s gave us Windows operating system.
As a consequence of the several improvements to the evolution of the computer, we've seen the machine being used in every area of life. It's an efficient tool which will continue to experience new growth as time passes.
Where We Were
Brief History Of the Computer
https://youtu.be/pBiVyEfZVUU
To Where We Are
The Future of Computing
https://youtu.be/fjB806pKwXs


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111 Places in Turin That You Shouldn't Miss
Alessandro Martini
Maurizio Francesconi
Description - 111 Places in Turin That You Shouldn't Miss by Alessandro Martini
An aristocratic and blue-collar town, a technological and esoteric site, it's easy to get lost in Turin's well-ordered boulevards that gently follow the Po river. You will find warm and sweet shelter in its Art Nouveau cafes or be astonished by the sudden sight of the white mountain peaks that crown it. Turin, in the heart of Piedmonte, has always been a capital: of the Savoy family, of Italy, of the Alps, of publishing, of industry. A very elegant city that gave birth to the first marketable hard chocolate and Italy's most iconic car, the Fiat 500 - and also gave hospitality to the most important figures in European culture. Visionary architects and enlightened entrepreneurs made it great and beautiful and the city is now booming with contemporary art, live music, museums, and innovative food and wine culture. This guide will reveal 111 different faces of Turin: places, flavours, shades, and people. AUTHORS: Alessandro Martini is an architectural historian, journalist and professor at Politecnico di Torino. Promoter of the Museum Online of Turin his editor-in-chief for Il Giornale dell'Arte. Maurizio Francesconi is a fashion historian, journalist and professor of history of fashion design and semiotics of fashion at IED in Turin. They live in Turin and work for Corriere della Sera. SELLING POINTS: The ultimate insider's guide to Turin Features interesting and unusual places not found in traditional travel guides Part of the international 111 Places/111 Shops series with over 250 titles and 1.5 million copies in print worldwide Appeals to both the local market (nearly 900,000 people call Turin home) and the tourist market (more than 3.7 million people visit Turin every year!) Fully illustrated with 111 full-page colour photographs
Buy 111 Places in Turin That You Shouldn't Miss by Alessandro Martini from Australia's Online Independent Bookstore, Boomerang Books.
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Imprint: Emons Verlag GmbH
Publisher: Emons Verlag GmbH
Publish Date: 29-May-2019
Country of Publication: Germany
Book Reviews - 111 Places in Turin That You Shouldn't Miss by Alessandro Martini
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More Books By Alessandro Martini
Genes, Hearing, and Deafness
Genetics and Hearing Impairment
Genes, Hearing, and Deafness: From Molecular Biology to Clinical Practice
Definitions, Protocols and Guidelines in Genetic Hearing Impairment
111 Places in Langhe, Roero and Monferrato That You Shouldn't Miss
Developments in Genetic Hearing Impairment


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92F9FB92-0F6B-4DA3-89BD-113071388AD3
IB figures come out in Bermuda's defence
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Leading figures from international business have come out in Bermuda's defence after a blitz of unfavourable media coverage based on hacked data from law firm Appleby.
The group, which includes Patrick Tannock, chairman of the Association of Bermuda International Companies, as well as several representatives from the insurance and trust industries, argue that Bermuda respects privacy, but shuns secrecy in that it has a long track record of adhering to international standards on transparency.
The full statement, which was sent out by the Bermuda Business Development Agency, under the title of "Fact versus fiction: BDA and industry respond to ICIJ [International Consortium of Investigative Journalists] reports", follows.
Reportage about hacked data from global law firm Appleby has highlighted the substantial lack of media understanding of offshore investment structures and Bermuda's long-time reputation for tax transparency and co-operation with international authorities.
Bermuda is committed to the exchange of relevant information to legitimate regulatory, tax and law enforcement entities. These can request and receive information from Bermuda under information-sharing agreements, including TIEAs and a multilateral treaty with more than 100 countries.
Automatic exchange of financial information is also an established part of our economic system. The island's early adoption of OECD standards for Base Erosion and Profit Sharing compliance clearly demonstrates this transparency via several agreements that ensure automatic transmission of taxpayer financial data to relevant authorities.
Notably, Bermuda is a signatory to the Multilateral Competent Authority Agreement for automatic exchange of financial account information via Common Reporting Standard and Country-by-Country reports. The island has also signed a Model 2 intergovernmental agreement with the US under the Foreign Account Tax Compliance Act, again, enabling automatic exchange of information from Bermuda-based financial institutions.
As a direct result of meeting these stringent standards, Bermuda this fall was the first overseas territory to be awarded whitelist status by France for CbC reporting. Bermuda is also judged "largely compliant" by the OECD Global Forum rating following a peer-review process of tax-transparency standards — a rating shared by Canada, Germany and Norway, among other nations.
Additionally, the UK has an agreement with all its Overseas Territories under which Bermuda shares information within 24 hours. Our 70-year-old register — with a starting threshold at incorporation of 10 per cent beneficial ownership (vs UK and others at 25 per cent — is continuously updated when shares in a company are transferred, as opposed to citing dates of incorporation or annual returns, as is practice in the UK and other jurisdictions.
The issue of privacy versus secrecy has also been confused. Privacy provides protection over confidential information within a well-regulated, safe environment — yet ensures sharing with tax authorities under Bermuda's global treaties. Secrecy, by contrast, enables concealment of information that should be disclosed. Given Bermuda's strong record on compliance and global transparency, our system respects privacy, yet shuns secrecy.
It should also be noted that "tax-haven" is a badly understood term, particularly by non-trade media. Bermuda does not qualify as a tax haven under a clear OECD definition that stipulates criteria, including lack of transparency and lack of information exchange. No or nominal tax is not sufficient to classify a country as a tax haven. OECD definitions, notwithstanding, the term "tax haven" is synonymous with tax evasion and secrecy — neither of which describe Bermuda.
Bermuda understands and embraces the worldwide movement towards greater financial transparency and regulatory co-operation and continues to commit to international tax disclosure and compliance. We've shown leadership in this sphere and have helped drive global anti-money-laundering directives and antiterrorist financing standards. These factors differentiate Bermuda from other financial centres, and we stand by that reputation.
Response from Bermuda industry groups underscores our market's commitment to transparency.
"Bermuda is a transparent jurisdiction. We have robust regulatory standards and we co-operate and share information with tax authorities and law enforcement agencies. Bermuda is considered a leader on tax-transparency issues by the US departments of Justice and State, the US Treasury, the OECD, the Financial Action Task Force and G20 nations. Bermuda enforces the rules and understands the importance of global compliance and transparency." — Patrick Tannock, chairman, Association of Bermuda International Companies (Abic)
"Bermuda is a place where capital is put to work taking on insurance risk. It is a unique jurisdiction where its substantive insurance regulation has been recognised by both the EU and the US as robust and comparable, and where international regulatory standards are applied. MOUs with leading insurance regulators mean that co-operation with insurance supervisors in the EU, the US, and around the world is part of a routine. This regular information exchange is complemented by treaty commitments with more than 100 jurisdictions for taxpayer automatic exchange of information with global tax authorities. Bermuda's global re/insurers provide significant amounts of capacity that make insurance markets more competitive. Bermuda's international regulatory and tax commitments are a necessary complement to the role our re/insurers play in global markets." — Brad Kading, president and executive director, Association of Bermuda Insurers and Reinsurers
"Bermuda is one of the best regulated international finance centres, a fact acknowledged by independent assessments from some of the world's leading bodies, including the OECD. Bermuda is fully aligned with the highest standards of the third anti-money laundering EU Directive and is a signatory to the IOSCO Multilateral Treaty, an international benchmark for cross-border co-operation between regulators. Balt is committed to the absolute integrity and high international standing of Bermuda's trust industry. We work with the Bermuda Government and the BMA to ensure the trust industry continues to maintain the superior international standards our jurisdiction is known for."
— Leah Scott, president, Bermuda Association of Licensed Trustees
"Bermuda is not a place to hide money, as implied by recent sensationalist press coverage. Bermuda is at the forefront of tax transparency, standing out from other international financial centres due to its high level of compliance, co-operation and exchange of information. The country is an early adopter of international tax-reporting standards and is actively committed to deterring money laundering and financial crime. Bermuda was the first overseas territory to be awarded whitelist status by France for Country-by-Country reporting." — Sylvia Oliveira, director, Bermuda International Long Term Insurers and Reinsurers
"Bermuda has consistently ranked as a global leader in regulatory compliance and transparency. Bima, its regulated members and the regulated entities they represent, work hard to maintain adherence to those high standards. Bima fully supports the Bermuda Government and its intolerance of illegal activity or breaches of compliance with Bermuda regulations and legislation. Bima and its members will continue to support the interests of our clients, protect the interests of their policyholders, and we reiterate our commitment to the highest standards of regulatory compliance and transparency." — Grainne Richmond, president, Bermuda Insurance Management Association
"Our Bermuda branch shares STEP's global mission to promote education and high professional standards. A key part of what STEP members do in Bermuda and around the world is to ensure they and their clients are compliant with all relevant legislation and regulation. STEP Bermuda's hard-working members are employed in a trust industry which is well regulated, transparent and co-operative. All STEP members are expected to abide by the STEP Code of Professional Conduct, which highlights the principal professional standards that a STEP member agrees to uphold. STEP Bermuda members will continue to focus on providing excellent service to the families whose trusts are established in Bermuda." — Keith Robinson, chairman, Society of Trusts and Estates Practitioners (STEP) Bermuda
Patrick Tannock, chairman of the Association of Bermuda International Companies
Brad Kading, president of the Association of Bermuda Insurers and Reinsurers
Grainne Richmond, president of the Bermuda Insurance Management Association
Top executive Ana Zambelli joins Seadrill board
Why the OBA turned down the Bermuda infrastructure fund
Apex to acquire Irish Bank of America unit
Slow start to air arrivals but hopes for 2023
Published November 10, 2017 at 4:50 pm (Updated November 13, 2017 at 11:58 pm)


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Tag: family law act
Section 16 of the Succession Law Reform Act: To Repeal, or Not to Repeal?
December 16, 2020	Suzana Popovic-Montag Public Policy Tags: Attorney General, family law act, Ontario's Succession Law Reform Act, predatory marriages 0 Comments
We have previously blogged on the discussion between Ontario Attorney General, Doug Downey, and the Estates Bar regarding legal policy reform. This discussion occurred on August 6, 2020, and was facilitated by the Ontario Bar Association. Our post focused on virtual witnessing of wills as a result of Covid-19 and considered the possibility of making this provision more permanent.
The focal point of today's post will be s. 16 of Ontario's Succession Law Reform Act and whether it should be repealed.
Section 16 provides for the revocation of a will upon marriage. At the August 2020 meeting, many participants were in favour of repealing this provision. Both British Columbia and Alberta have already amended their legislation to repeal this exact provision. Proponents of legislative change associate this provision with the rise in predatory marriages. The devastating consequences resulting from a predatory marriage generally impact the vulnerable elderly and their heirs.
The rationale underlying the provision's enactment dates back hundreds of years to a time where the father of the bride was required to pay a dowry to the groom. Revocation of a prior will was required in order to protect the bride from any previous obligations laid out in the groom's will and to ensure a "clean slate." There are concerns by some that a new spouse might not be protected if a prior will remains valid after marriage. For example, if a valid will is upheld at marriage, a current spouse might not inherit if he/she is not included in that will.
Section 16 is debatably antiquated and historically redundant as there are now additional statutes in place to protect a new spouse in the event of a death, including the Family Law Act. Furthermore, s. 58 of the Succession Law Reform Act allows a spouse of a deceased to claim appropriate and adequate support as a dependant. It is apparent that revoking a will upon marriage is not the only protection available for a subsequent spouse.
With the demographics in our society rapidly changing and the obvious need to protect those most vulnerable, now is as good a time as ever to reconsider the necessity of s. 16.
Suzana Popovic-Montag & Tori Joseph
Preserving the Right to an Equalization of Net Family Properties
December 11, 2018	Nick Esterbauer Estate & Trust, Support After Death, Wills Tags: election, equalization, Equalization Payment, evidence, Extension, Family Law, family law act, Good Faith, intestacy, Limitation Periods, matrimonial, net family property, NFP, wills 0 Comments
A recent decision of the Ontario Superior Court of Justice highlights the importance of preserving a surviving married spouse's ability to elect for an equalization of net family properties within the six-month limitation period.
Upon death, a surviving married spouse in Ontario can elect for an equalization of net family properties under Sections 5 and 6 of the Family Law Act instead of taking under the predeceasing spouse's will or, if the spouse has not left a will, on intestacy. Subsections 6(10), 6(11), and 7(3)(c) of the Family Law Act provide that the surviving spouse must ordinarily make an election within six months of date of death and not after that date. The Court may, however, extend the election deadline in the event that: (a) there are apparent grounds for relief; (b) relief is unavailable because of delay that has been incurred in good faith; and, (c) no person will suffer substantial prejudice by reason of the delay (subsection 2(8) of the Family Law Act).
Courts have reviewed the circumstances in which an extension is typically ordered. The requirement that the delay be incurred in good faith has been interpreted as meaning that the party has acted honestly and with no ulterior motive (see, for example, Busch v Amos, 1994 CanLII 7454 (ONSC)).
In Mihalcin v Templeman, 2018 ONSC 5385, a surviving spouse had commenced two claims with respect to the estate of her late husband and an inter vivos gift made to a live-in caregiver. However, neither of the proceedings had sought any relief relating to an equalization of net family properties, nor did the wife take any steps to make an election or to extend the time within which she was permitted to do so. The Court reviewed whether the delay in making the election was in good faith. The evidence regarding the reasons for the delay in electing for equalization were considered to be vague and insufficient to satisfy the evidentiary burden that the delay was incurred in good faith. Accordingly, the applicant was not permitted to amend her pleadings to incorporate this relief.
Justice Bruce Fitzpatrick commented as follows with respect to the importance of limitation periods, generally (at para 48):
I am mindful of the general importance of limitation periods for the conduct of litigation. There is an obligation on parties to put forward all known legitimate claims within certain time limits. In this case, the time limit was relatively short. I think it cannot be readily ignored. The evidentiary record is not sufficient for me to say that justice requires me to exercise my discretion in favour of allowing [the applicant] to amend her claim so as to include a claim for equalization in all of the circumstances.
Where an equalization of net family properties may be sought at a later time (for example, pending the outcome of a will challenge or dependant's support application), it is prudent to seek an extension well before the expiry of the six-month limitation period as courts may or may not assist a surviving spouse in seeking this relief down the road, if and when it may become advisable.
Nick Esterbauer
Other blog entries/podcasts that may be of interest:
When is it Appropriate to Extend the Time Granted in Favour of Equalization Under the Family Law Act?
Equalization Claims and Unequal Division of the Net Family Property
Family Law Equalization Claims and Bankruptcy
Consolidation of Family Law Act and Dependant Support Claims
Can there be a "break" in a common law relationship?
October 29, 2018	Stuart Clark Support After Death Tags: Break, Break-up, Breakup, Common Law, Continuous, Continuously, family law act, not married, ontario, Separate, separation, spouse, spouses, Stuart Clark, succession law reform act, Temporary, toronto 0 Comments
As anyone who has ever watched the show Friends can attest, "breaks" can happen in any relationship. For those attempting to claim common law spousal status however, what impact, if any, do such "breaks" have upon the length of time that the couple has to be together? Do you have to re-set the clock of the relationship after every "break", or can the "breaks" be ignored?
Part V of the Succession Law Reform Act incorporates the definition of "spouse" from section 29 of the Family Law Act. Section 29 of the Family Law Act in turn defines "spouse" as including "two persons who are not married to each other and have cohabited continuously for a period of not less than three years". This definition is often what is being referred to when someone says that a relationship is "common law", with significant corresponding legal rights potentially being given to the two individuals if they are found to be "spouses".
As the word "continuously" is included in the definition, one would be forgiven for thinking that there cannot be any "breaks" in the relationship, and that you must have a continuous three year period of "cohabitation" for two people to be considered spouses. As we will see below however, this may not necessarily be the case.
I have previously blogged about the factors that the court may look to in determining whether two people are "cohabitating", with the Supreme Court of Canada in M. v. H. having confirmed that you look to the factors listed in Molodowich v. Penttinen to determine whether to individuals are "cohabitating" to the extent that their relationship becomes spousal. For the purpose of this blog however, the interesting question which follows is whether a couple who otherwise meets enough of the factors from Molodowich to be considered to be "cohabitating", but had a "break" in their relationship during the three year period, could still be considered "spouses".
In Boothe v. Gore, [1996] O.J. No. 4376, the Ontario Court of Justice (General Division) provides the following commentary regarding the effect of a "break" on a relationship:
"The law in Ontario recognizes that a man and a woman are considered to have continuously cohabitated, despite that while living together, there might have been separations for varying periods of time before reconciling. Cohabitation does not terminate until either party regards it as being at an end, and, demonstrate convincingly that this is the party's intent. A brief cooling off period does not convincingly show a settled state of mind that cohabitation has terminated…
The effects of temporary separations depends on the intention of the parties. When one party leaves the other and provides an objective basis to believe that they do not intend to resume cohabitation and the separation lasts for a meaningful period of time, the period of cohabitation could well have been interrupted." [emphasis added]
As Boothe v. Gore suggests, a "break" in a relationship should not necessarily preclude a finding that two persons are common law spouses. Rather, the court is to attempt to ascertain the intentions of the parties at the time of the "break", with the spousal status only coming to a close if either of the parties regards the relationship as being "at an end", or the period of separation lasts for a "meaningful period of time".
Can a Guardian Settle a Trust?
October 23, 2018	Hull & Hull LLP Capacity, Estate Planning, Ethical Issues, Guardianship, Power of Attorney Tags: Attorney, Banton v Banton, family law act, guardian, inter vivos trust, Noah Weisberg, power of attorney, Property Guardian, RRIF, RRSP, succession law reform act, weisberg 0 Comments
Does an attorney, or guardian, have the power to change a grantor's estate plan?
According to section 31(1) of the Substitute Decisions Act, a guardian of property (or attorney for property) has the power to do on the incapable person's behalf anything in respect of property that the person could do if capable, except make a will.
The statute, however, is deceptively simple. Can a guardian transfer property into joint tenancy? Can a guardian sever a joint tenancy? Can a guardian change a beneficiary designation on a RRSP, RRIF or insurance policy? Can an inter vivos trust be established or an estate freeze undertaken to save taxes? There are numerous cases which have tested these issues.
For instance, in Banton v Banton, Justice Cullity found that although the grantor's attorneys had the authority to create an irrevocable inter vivos trust, they nonetheless breached their fiduciary obligations owing to the grantor, in creating the trust.
The irrevocable trust provided for income and capital at the trustee's discretion for the grantor's benefit during his lifetime and a gift over of capital to the grantor's children, who were also the attorneys. The scheme of distribution of the irrevocable trust was the same as provided for in the grantor's will. However, the court found that the fact that the remainder interest passed automatically to the grantor's issue defeated the grantor's power to revoke his will by marriage and would deprive his common law spouse of potential rights under Parts II and V of the Succession Law Reform Act and Part I of the Family Law Act. The court found that the gift of the remainder of the interest went beyond what was required to protect the grantor's assets.
Justice Cullity stated:
"I do not share the view that there is an inviolable rule that it is improper for attorneys under a continuing power of attorney to take title to the donor's assets either by themselves or jointly with the donor . This must depend upon whether it is reasonable in the circumstances to do so to protect or advance the interest, or otherwise benefit, the donor."
Noah Weisberg
Find this blog interesting, please consider these other related blogs:
The Many Uses of Inter Vivos Trusts
How Generous may an Attorney for Property Be?
How to Change a Beneficiary Designation by Procuration
June 18, 2018	Kira Domratchev Estate & Trust, Litigation Tags: election, equalization, equalization claims, equalization of net family property, family law act, intestacy, intestate, Intestate Estate, net family property, Ontario's Succession Law Reform Act, succession law reform act 0 Comments
Applications for an extension of time (beyond six months from date of death) to elect under the Family Law Act ("FLA") are regularly brought before the Court. Decisions with respect to that are often dealt with by way of short endorsements.
Justice Dunphy, in Aquilina v Aquilina, 2018 ONSC 3607, a recent court decision, made some interesting comments regarding applications for an extension of time in such circumstances.
The Deceased passed away in December, 2017, leaving the Applicant (his wife) and their three adult children. The Applicant was primarily a homemaker and as such, her level of information regarding the family financial affairs was imprecise. The Estate was not a simple one to administer, in part due to a number of business interests the Deceased had in the family's native country, Malta, held through various corporations, real estate holdings and an active business.
At the time of the hearing, the Estate did not have an administrator. It was determined that the Deceased did not leave a Will.
Statutory Regime
The Applicant in this matter had two options – making a claim under the Succession Law Reform Act ("SLRA") or the FLA.
Under the SLRA, in the event of an intestacy, the beneficiaries of the Deceased's estate are the Applicant and their three adult children. Under s. 46(2) of the SLRA, where there is no Will and there is more than one child of the Deceased, the surviving spouse is entitled to 1/3 of the Estate plus the "preferential share" prescribed by s. 45 of the SLRA.
In contrast, s. 5(2) of the FLA provides that the surviving spouse will receive 1/2 of the difference between the value of the net family property of each of the spouses where the Deceased had the higher of the two amounts.
The Applicant has a period of six months from the date of death to make the election as per s. 6(10) of the FLA. Absent an election, the surviving spouse takes under the SLRA.
Criteria for Extension
The Applicant requested that the court: (i) extend the time to make an election until two years from the date of the application; (ii) extend the time for the deemed election to the same date; and (iii) extend the time during which distributions from the Estate are suspended until the same date.
In making a finding, the Court must consider:
Whether there are apparent grounds for relief;
Whether delay, if any, was incurred in good faith; and
Whether anyone will be substantially prejudiced by the delay.
It is important to note, that the surviving spouse does not have to have precise and accurate information but that he or she must have sufficient information to make an informed choice. Justice Dunphy noted that extensions are intended to be the exception and not the rule.
Analysis and Decision
Justice Dunphy held that it was going to take a period of time – very likely a year or more – to be able to gather the facts necessary to understand the value of this Estate and the Applicant's intersecting interests within (meaning the consequences flowing from her different roles as a shareholder, widow and spouse). Therefore, Justice Dunphy held that there are some grounds for relief in the circumstances of this case.
In considering whether there was any delay that was not incurred in good faith, though Justice Dunphy noted that the Application was brought very close to the six month anniversary of the Deceased's date of death, he placed weight on the fact that the death was "sudden, unexpected and shocking" and the relative complexity of the Estate. He held that the delay was incurred in good faith.
Justice Dunphy found that there would be no substantial prejudice in this case if an election was granted because the only other beneficiaries of the Estate are the three adult children of the Deceased and the Applicant, who confirmed that they did not oppose the motion. He did balance against that finding, however, the inherent prejudice in having all or a substantial portion of the Estate frozen. In making this consideration, Justice Dunphy found that any prejudice in this matter was slight.
Based on the facts, Justice Dunphy held that more time would be required to consider the rights of the Applicant, as the surviving spouse, under the SLRA as compared to the FLA. As such, he granted the Applicant all the relief sought, but reduced it to one year from the date of the Application instead of the two years that the Applicant was seeking.
Find this blog interesting? Please consider these other related posted:
Lundy v Lundy Estate: Delay in Seeking Extension to Make Family Law Act Election
Revoking a Family Law Act Election
Family Law Elections: Inclusion/Exclusion of Assets in the Net Family Property of the Deceased
Hull on Estates #544 – Consolidation of Family Law Act and Dependant Support Claims
April 17, 2018	76admin Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: Cohen v Cohen, dependant's relief, family law act, Honourable Justice Maranger, Ontario Superior Court of Justice, Stuart Clark, succession law reform act, Umair Abdul Qadir 0 Comments
http://traffic.libsyn.com/kirsten/HOE_544_Final.mp3
Today on Hull and Estates, Stuart Clark and Umair Abdul Qadir discuss the recent decision in Cohen v Cohen, 2018 ONSC 1613, in which the Honourable Justice Maranger discussed the Ontario Superior Court of Justice's jurisdiction to consolidate applications for equalization commenced pursuant to the Family Law Act with applications for dependant's relief under Part V of the Succession Law Reform Act. You can read more about the Cohen decision on our blog.
Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.
Click here for more information on Stuart Clark.
Click here for more information on Umair Abdul Qadir.
Revisiting the Interpretation of Separation Agreements
April 24, 2017	Ian Hull Estate & Trust, Estate Planning, Executors and Trustees, General Interest, Litigation, Uncategorized Tags: agreement, contract, executor, family, family law act, real property, separation agreement 0 Comments
The recent Ontario Superior Court of Justice decision of Zecha v Zecha Estate, 2017 ONSC 1972, 2017 CarswellOnt 4882, raises the issue of how separation agreements ought to be interpreted in circumstances where one party to the contract has predeceased the other.
In this case, a separation agreement was entered into by the plaintiff and her husband, who had since died. With respect to the sale of the couple's matrimonial home, the separation agreement, dated May 31, 2012, stipulated as follows:
The plaintiff and the deceased would advise one another of all offers to purchase the matrimonial property;
If the plaintiff received an offer to purchase the property for less than $1,500,000.00, the deceased could require that the plaintiff accept the offer, but, upon compelling her to do so, would be responsible for paying any shortfall between the sale amount and $1,500,000.00;
If the property had not been sold within 18 months of the date of the agreement (and the plaintiff had not declined an unconditional offer to purchase the property for a price higher than $1,500,000.00):
The deceased would assume carriage of the sale;
The plaintiff would cooperate with the sale process and sign any documents to give effect to the sale; and
If the property sold for less than $1,500,000.00, the deceased would be responsible for any shortfall between the purchase price and $1,500,000.00.
The plaintiff listed the matrimonial property for sale on October 29, 2012. On April 30, 2014 (23 months after the execution of the separation agreement), the plaintiff entered into an agreement of purchase and sale, and sold the property for $1,180,000.00. There was no evidence before the Court that the plaintiff had advised the deceased that she had received or accepted an offer to purchase the property for less than $1,500,000.00. The deceased died on November 28, 2014, and the plaintiff commenced proceedings against the deceased's estate for the difference between the sale price of $1,180,000.00 and $1,500,000.00, relying upon the terms of the separation agreement.
At trial, the plaintiff submitted that, pursuant to the terms of the separation agreement, she was entitled to $320,000.00, representing the difference between the sale price of the property and $1,500,000.00, because the property had been sold more than 18 months from the date of the separation agreement. The deceased's estate asserted that the plaintiff could not enforce the terms of the separation agreement, as she had not complied with its terms as to which party would control the sale of the property if it took place more than 18 months after execution of the separation agreement. Pursuant to the separation agreement, the deceased was only responsible for paying the shortfall if (a) he had compelled the plaintiff to accept an offer to purchase the property for less than $1,500,000.00 within 18 months of the date of the separation agreement, or (b) he had assumed control of the sale of the property 18 months after the date of the separation agreement and accepted an offer to purchase the property for less than $150,000.00.
The Court found that the separation agreement was a properly executed contract and should be interpreted as a whole, giving meaning to all of its terms and avoiding an alternative interpretation that would render a term ineffective (in a manner consistent with commercial law principles). Accordingly, the Court dismissed the action, declining to order payment of the $320,000.00 shortfall by the estate to the plaintiff. The Court stated that the plaintiff had interpreted the terms of the contract too narrowly, in an attempt to obtain a greater payout from the proceeds of sale of the matrimonial property. The Court found that, pursuant to the separation agreement, the deceased had a clear right to decide if an offer to purchase the property for less than $1,500,000.00 would be accepted at the time of its sale, being more than 18 months after the execution of the separation agreement, and the plaintiff could not rely upon the corresponding provisions of the separation agreement.
Circumstances like these, in which one party to a separation agreement has died and the assistance of the Court is required in interpreting the contract for the purposes of considering a claim made (or if an entitlement is apparently limited) under the contract, are not uncommon. It can be important for estate lawyers who may encounter this issue to understand how separation agreements are most likely to be interpreted by the courts.
Ian M. Hull
Other Articles that may be of Interest:
The Effect of a Carefully Drafted Separation Agreement
When Does a Separation Agreement Release an Entitlement Under a Will?
Prenuptial Agreements in Estate Planning
April 21, 2017	Hull & Hull LLP Estate & Trust, Wills Tags: election, equalization, Estate Litigation, estate planning, estates, family law act, ontario, toronto, Trusts, wills 0 Comments
Under the Family Law Act, R.S.O. 1990, c. F.3 (the "FLA"), section 6(1), when a spouse dies leaving a will, the surviving spouse can elect to take their entitlement under the will, or to receive their entitlement pursuant to an equalization of net family property pursuant to section 5 of the FLA. If a surviving spouse wishes to make an election for an equalization payment, they must file such election within six months after the deceased spouse's death in accordance with s. 6(10) of the FLA, and if they do not do so within the prescribed time, pursuant to s. 6(11), the surviving spouse is deemed to elect to take under the will.
Pursuant to section 2(8) of the FLA, the court may extend the time prescribed by the FLA, in this case being six months after the date of death, if it is satisfied that,
(a) there are apparent grounds for relief;
(b) relief is unavailable because of delay that has been incurred in good faith; and
(c) no person will suffer substantial prejudice by reason of the delay.
In Lundy v Lundy Estate, 2017 ONSC 2101, a recent Ontario decision, the court considered a motion by a surviving spouse to extend the limitation period for an equalization election under the FLA. The spouse's husband (the "Deceased") died on June 29, 2015. Accordingly, the spouse would have had to make her FLA election by December 29, 2015. The motion in question was not brought until January 2017. The Deceased's son, the residual beneficiary of the Deceased's estate (the "Estate") opposed the relief sought by the spouse.
The spouse claimed that she had not been provided with timely or complete information regarding the value of the Estate as at the dates of marriage and death, which is required in order to calculate a possible equalization payment. She claimed that she did not have a complete picture of the assets of the Estate until July 2016, and that she still needed valuation information regarding the Deceased's company.
On the other hand, the son claimed that the spouse was aware of the Estate assets, as she was the named co-estate trustee of the Estate, along with the son, and was also in possession of the Deceased's financial records. There was evidence that the spouse had accepted her role as co-estate trustee, accepted bequests made to her under the Deceased's will, and had not expressed any intention of making an equalization claim or seeking an extension to make such a claim. Furthermore, there was evidence of an email from the spouse's son from October 2015 in which he provided his preliminary estimate of the market value of the Estate assets and expected tax liability, indicating that the spouse did have some information regarding the size of the Estate and her share of it.
The court in this case dismissed the spouse's motion for an extension, concluding that the spouse did not show that her delay in bringing the motion was incurred in good faith. The court held that the spouse did not explain why she failed to assert a claim or failed to seek an extension of the FLA limitation periods if she believed she needed further time and information in order to investigate and evaluate her FLA claim. In denying the extension sought by the spouse, however, the court noted that doing so would not leave the spouse without any remedy, as she may still be able to pursue a claim for dependant's support under the Succession Law Reform Act, R.S.O 1990, c. S.26.
The decision in Lundy Estate v Lundy provides a reminder to surviving spouses to act quickly and diligently with respect to their entitlement to their deceased spouse's estate, and any potential claims they may have in this regard. It is advisable for a surviving spouse to seek advice from a trusted legal professional to ensure that they are aware of their rights, assert them within the applicable limitation period, and do not lose the opportunity to pursue any potential claims.
Thanks for reading and have a wonderful weekend!
Rebecca Rauws
Other blog posts you may enjoy reading:
Equalization – When there is something worse than getting nothing under a Will
Governing Jurisdiction for Equalization Claims
Can Divorced Spouses no longer be Dependants?
February 6, 2017	Stuart Clark Support After Death Tags: All Families Are Equal Act, dependant, divorce, Ex, Ex-Husband, Ex-Spouse, Ex-Wife, family law act, ontario, Part V, spouse, succession law reform act, support, toronto 0 Comments
A recent amendment to the definition of "spouse" within the confines o f Part V of the Succession Law Reform Act (the "SLRA") has likely made it such that divorced spouses may no longer bring an Application for support as a dependant of their deceased ex-spouse's estate. This is in stark contrast to the previous definition of "spouse" in Part V of the SLRA, which allowed divorced spouses to bring an Application for support.
Section 57 of the SLRA defines a "dependant" as including a "spouse" of the deceased to whom the deceased was providing support, or was under a legal obligation to provide support, immediately before his or her death. As an ex-spouse of the deceased would not qualify amongst any other class of individuals who may be a "dependant" of the deceased (not being a parent, child, brother or sister), the effect of removing them from the definition of "spouse" is to preclude them from being able to qualify as a "dependant" of the deceased.
The old definition of "spouse" within Part V of the SLRA was as follows:
'spouse' means a spouse as defined in subsection 1(1) and in addition includes either of two persons who,
(a) were married to each other by a marriage that was terminated or declared a nullity; or
(b) are not married to each other and have cohabitated,
(1) continuously for a period of not less than three years, or
(2) in a relationship of some permanence, if they are the natural or adoptive parents of a child" [emphasis added]
From the bolded section above, it is clear that divorced spouses previously qualified as a "spouse" of the deceased for the purposes of determining dependants. If the deceased was providing support, or was under a legal obligation to provide support, to their ex-spouse immediately prior to their death, and they did not make adequate provision for them from their estate, the court could make an order providing for their support under section 58(1) of the SLRA. This is likely now no longer the case.
The definition of "spouse" in Part V of the SLRA was recently amended by section 71 of the All Families Are Equal Act, which came into effect on December 5, 2016. The new definition of "spouse" in Part V of the SLRA is as follows:
" 'spouse' has the same meaning as in section 29 of the Family Law Act"
Section 29 of the Family Law Act (the "FLA") defines "spouse" as follows:
" 'spouse' means a spouse as defined in subsection 1(1), and in addition includes either of two persons who are not married to each other and have cohabitated
(a) continuously for a period of not less than three years, or
(b) in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children's Law Reform Act."
Section 1(1) of the FLA further defines spouse as follows:
" 'spouse' means either of two persons who,
(a) are married to each other, or
(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right."
The definition of "spouse" in section 29 of the FLA, and section 1(1) of the FLA by extension, notably does not include any reference to divorced spouses being included amongst the class of individuals who could be considered "spouses". As the definition of "spouse" in Part V of the SLRA now mirrors that of section 29 of the FLA, it appears that divorced spouses can no longer qualify as "spouses" under Part V of the SLRA, such that they may no longer qualify as a "dependant" of the deceased. As only a "dependant" may bring an Application for support, the effect of the change is that ex-spouses may likely no longer bring an Application for support under Part V of the SLRA.
While section 34(4) of the FLA contemplates that any previous order providing for the support of an ex-spouse would bind the deceased spouse's estate unless the order provides otherwise, the inability for ex-spouses to proceed under Part V of the SLRA could have a significant impact in the context of insolvent estates. Under section 72 of the SLRA, assets which pass outside of the estate, including life insurance policies and/or joint-assets which pass by right of survivorship, can be made available to satisfy an order for support. The FLA does not appear to have an equivalent provision, such that any support order may likely only be paid for out of the estate. As a result, to the extent that there are insufficient assets in the estate to satisfy any outstanding support order, or to the extent that such an order has not yet been made, the divorced spouse may be out of luck. While previously the divorced spouse could have brought a claim under Part V of the SLRA, and seek the payment of any support order from assets such as life insurance policies and/or joint-property under section 72 of the SLRA, this option appears to no longer be available to them.
Other blog posts you might enjoy:
The All Families are Equal Act is Passed
New Financial Disclosure Requirements Under the Family Law Rules
The Case for Financial Support of Non-Conjugal Caregivers
What Effect Does Support Have on an Estate?
December 6, 2016	Hull & Hull LLP General Interest, Litigation, RRSPs/Insurance Policies Tags: child support, family law act, Linton v Linton, Noah Weisberg, Spousal Support, support obligations 0 Comments
I am often asked what effect child and/or spousal support obligations have on an estate. Do they cease as a result of the payor's death or does the payor's estate owe an obligation to continue the payments?
In Ontario, the law is clear as to an estate's obligation to continue making support payments. According to section 34(4) of the Family Law Act, "an order for support binds the estate of the person having the support obligations unless the order provides otherwise".
The rationale is explained by the leading decision of Linton v. Linton where the Ontario Court of Appeal held that as long as no contrary order is made, a support order is binding on the payor's estate. Specifically, "…the practice of the family law bar…in which support is an issue…is to provide for the continued payment of support by the estate of the payer, or the payment of a capital sum, usually through life insurance, as a substitute". Otherwise, the Court of Appeal states that if a support order is not binding on an estate, the needs of the survivor remain intact without any payments to satisfy them.
In the context of the Linton decision, the Court of Appeal states that the surviving spouse has every reason to expect that she is to be looked after in a financial way in the event her husband predeceased.
So what's the bottom line? When seeking an order or negotiating in a separation agreement for the payment of child and/or spousal support, parties must be explicit as to whether support continues post death and whether that obligation is secured by life insurance.
Find this topic helpful? Please also consider these related Hull & Hull LLP Blogs:
Dependants' Support and the Spousal Support Guidelines
Support Orders and the Limiting Role of the OCJ