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COURT OF APPEAL SUMMARIES (FEBRUARY 3 – FEBRUARY 7, 2020)
By John Polyzogopoulos on February 9, 2020
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Ontario Review Board
Following are this week's summaries of the Court of Appeal for Ontario.
In Thistle v Schumilias, an insurer refused to pay out on a life insurance policy on the basis that the insured had failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company and during that litigation became aware of the potential professional negligence of the insurance agent who sold the policy.
The appellant brought a summary judgment motion to dismiss the action on the basis that any right to assert a claim against him arose when the respondent was an undischarged bankrupt, and therefore, the cause of action vested with his trustee in bankruptcy. The respondent brought a cross-motion seeking an order nunc pro tunc granting him standing to bring the action in his own name, notwithstanding his assignment in bankruptcy and subsequent discharge. The motion judge relied on section 187(9) of the Bankruptcy and Insolvency Act("BIA") to validate the claim and regularize the proceedings. The motion judge also found that the expiry of the limitation period was not an absolute bar to an order nunc pro tunc, and that the court could still exercise its discretion.
The Court set aside the motion judge's decision, confirming that in circumstances where a motion is brought after the expiry of a limitation period, a nunc pro tunc order cannot be made for the simple reason that such an order is of no practical effect. It would only serve to backdate the order to the date the motion was brought, which was already beyond the expiry of the limitation period. In addition, the Court held that even if the respondent was successful in obtaining a nunc pro tunc order, the cause of action arose during the respondent's bankruptcy, constituted property of the bankrupt under section 2 and section 67(1)(c) of the BIA, and thus vested in the trustee in bankruptcy.
Other topics covered this week included occupiers' liability, Anti-SLAPP, a Hague Convention child abduction application, net family property, enforcement of foreign judgments, vexatious litigants and extensions of time.
Please join me and Lea Nebel at our "Top Appeals of 2019" CLE dinner program to take place at the OBA on Thursday, February 27, 2020. Three decisions will be featured. The first is Darmar Farms v Sygenta, which deals with the potential new tort of "premature commercialization" and pure economic loss in product liability context. Our panelists for that decision are Mike Peerless, who represents the plaintiff, and the President of the Advocates' Society, Scott Maidment, who has a depth of experience litigating product liability cases. The second is The Guarantee Company of North America v Royal Bank of Canada regarding the priority of construction trust claims in bankruptcy. Counsel who acted on that case, Miranda Spence and Matthew Lerner, will be joining us. The third decision is Wright v Urbanek, which deals with the scope of the doctrines of abuse of process and collateral attack. John O'Sullivan, who acts for the appellant in seeking leave to the Supreme Court, will be speaking about this decision.
Labourers' International Union of North America, Local 183 v. Castellano, 2020 ONCA 71
Keywords: Torts, Defamation, Anti-SLAPP, Trespass, Courts of Justice Act, R.S.O. 1990, c. C. 43 s. 137.1, Trespass to Property Act, R.S.O. 1990, c. T.21, 1704604 Ontario Ltd. v. Pointes Protection Association, 2018 ONCA 685, Montour v. Beacon Publishing Inc., 2019 ONCA 246, St. Lewis v. Rancourt, 2015 ONCA 513, Cambie Surgeries Corp. v. British Columbia (Medical Services Commission), 2010 BCCA 396, 1711811 Ontario Ltd. (AdLine) v. Buckley Insurance Brokers Ltd., 2014 ONCA 125, Rainy River (Town) v. Olsen, 2017 ONCA 605
Youssef v. Misselbrook, 2020 ONCA 83
Keywords: Torts, Occupiers' Liability, Negligence, Contributory Negligence
Kraemer v. Kraemer, 2020 ONCA 91
Keywords: Family Law, Net Family Property, Gifts
Farsi v. Da Rocha, 2020 ONCA 92
Keywords: Family Law, Custody and Access, Child Abduction, Habitual Residence, Convention on the Civil Aspects of International Child Abduction, Can. T. S. 1983 No. 35 (Hague Convention), Office of the Children's Lawyer v. Balev, 2018 SCC 16, H.L. v. Canada (Attorney General), 2005 SCC 25, Salomon v. Matte‑Thompson, 2019 SCC 14
Thistle v. Schumilas, 2020 ONCA 88
Keywords: Torts, Professional Negligence, Insurance Brokers, Life Insurance, Bankruptcy and Insolvency, Property of Bankrupt, Choses in Action, Civil Procedure, Limitation Periods, Orders, Nunc Pro Tunc, Bankruptcy and Insolvency Act, RSC, 1985, c B-3, s2, s41(11), s67(1)(c), s187(9), Canadian Imperial Bank of Commerce v Green, 2015 SCC 60
Activa Trading Co. Ltd. v. Birchland Plywood-Veneer Limited, 2020 ONCA 93
Keywords: Civil Procedure, Vexatious Litigants, Abuse of Process, Fresh Evidence, Rules of Civil Procedure, Rule 2.1, Palmer v. The Queen, [1980] 1 S.C.R. 759
Dupuis v. Waterloo (City), 2020 ONCA 96
Keywords: Civil Procedure, Appeals, Perfection, Extension of Time
Sleep Number Corporation v. Maher Sign Products Inc., 2020 ONCA 93
Keywords: Contracts, Sale of Goods, Civil Procedure, Conflict of Laws, Foreign Judgments, Enforcement, Jurisdiction, Real and Substantial Connection, Forum Selection Clause, Summary Judgment, 2249659 Ontario Ltd. v. Sparkasse Siegen, 2013 ONCA 354, Old North State Brewing Company Inc. v. Newlands Services Inc. (1998), 58 B.C.L.R. (3d) 144, Hollinger International v. Hollinger Inc., 2005 CanLII 4582 (Ont. Div. Ct.)
Temedio v. Niagara North Condominium Corporation No. 6, 2020 ONCA 81
Keywords: Real Property, Condominiums, Civil Procedure, Costs
Criminal Decisions
United States v. Okorhi, 2020 ONCA 89
Keywords: Criminal Law, Fraud, Extradition
R. v. D.K. (Publication Ban), 2020 ONCA 79
Keywords: Criminal Law, Evidence, Sexual Assault Causing Bodily Harm, Sexual Assault, Evidence, Credibility, Prior Inconsistent Statement, Sentencing, Pre-Sentence Custody, Criminal Code, ss. 271, 272(1)(c), 276, 278, Canada Evidence Act, R.S.C. 1985, c. C-5, s. 11, R. v. Graham, 2019 ONCA 347, R. v. Khan, 2017 ONCA 114, R. v. Stirling, 2008 SCC 10, R. v. Dinardo, 2008 SCC 24, R. v. Divitaris(2004), 188 C.C.C. (3d) 390 (Ont. C.A.), R. v. D.C., 2019 ONCA 442, R. v. S.K., 2019 ONCA 776, R. v. Fair(1993), 16 O.R. (3d) 1 (C.A.), R. v. M.C., 2014 ONCA 611, R. v. J.A.T., 2012 ONCA 177, R. v. L.S., 2017 ONCA 685, R. v. Goldfinch, 2019 SCC 38, R. v. Darrach, 2000 SCC 46, R. v. Riley(1992), 11 O.R. (3d) 151 (C.A.), R. v. C.F., 2017 ONCA 480, R. v. M.T., 2012 ONCA 511, R. v. Strojny, 2019 ONCA 329, R. v. A.C., 2018 ONCA 333
R. v. N., 2020 ONCA 85
Keywords: Criminal Law, Possession for the Purpose of Trafficking, Sentencing, Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 5(2), Canadian Charter of Rights and Freedoms, ss. 8, 9, R. v. Lacasse, 2015 SCC 64
R. v. I., 2020 ONCA 90
Keywords: Criminal Law, Sentencing, R. v. Lifchus, [1997] 3 S.C.R. 320
R. v. V.L., 2020 ONCA 87
Keywords: Criminal Law, Sexual Assault, Sentencing, R. v. Lacasse, [2015] 3 S.C.R. 1089
Ontario Review Board Decisions
M. (Re), 2020 ONCA 80
Keywords: Ontario Review Board, Not Criminally Responsible, Detention Order, Conditional Discharge, Mental Health Act, R.S.O. 1990, c. M.7
Labourers' International Union of North America, 2020 ONCA 71
[Rouleau, Roberts and Harvison Young JJ.A.]
Andrew Ostrom, for the appellant
Andrew Faith and Brookelyn Kirkham, for the respondents
The respondents brought a defamation action against the appellant, a former member of the respondent union, Local 183, based on internet posts that the appellant had made. The motion judge granted the respondents' motion for summary judgment and granted them injunctive relief.
The appellant argued on appeal that the motion judge erred in her application of the weighing test to be carried out on the s. 137.1 Anti-SLAPP motion in that: first, any evidence of harm to the respondents was insufficient to outweigh the public interest in the appellant's free expression; second, she understated the public interest value of the expressive content of the appellant's posts. Furthermore, he argued that the injunctive relief was overly broad.
Did the motion judge err:
(1) in her dismissal of the appellant's s. 137.1 motion?
(2) in the injunctive relief she granted?
Appeal allowed in part.
(1) No. The motion judge correctly articulated and applied the test set out in 1704604 Ontario Ltd. v. Pointes Protection Association. There was no identifiable legal error, nor was there a palpable and overriding factual error. The court did not see any error in her balancing of the competing interests that would permit appellate intervention. She properly considered the issue of the reputational damage to the respondents. It was not necessary for her to find monetary damages because "a serious libel does not always manifest itself in financial losses": Montour v. Beacon Publishing Inc.
Similarly, the motion judge carefully considered the public interest in the expressive content of the appellant's posts. Her conclusion that the harm suffered by the respondents outweighed the public interest in protecting the appellant's expression was well-grounded in the evidence and free from error. For this reason, her decision must be granted deference.
(2) Yes. The appellant argued that the injunction prohibiting any statements or posts about any of the respondents and restricting his attendance was overly broad, and that the motion judge erred in failing to consider whether a more restricted injunction would have sufficed.
With respect to the publication injunction, the court recognized that while a broad ongoing injunction may be appropriate in some circumstances, it is an extraordinary remedy and must be broad enough to be effective, but no broader than reasonably necessary to effect compliance. The evidence before the court did not support a permanent blanket injunction enjoining the appellant from making or publishing any comments about the respondents. There was no evidence to support a finding that the appellant was incapable of discerning between defamatory comments and legitimate criticism and, therefore, the injunction should not have been cast so broadly that it captured non-defamatory statements.
The court then considered the provisions of the judgment that permanently restricted the appellant's attendance near the respondents "and their families" and that prohibited any communications directly with the respondents. Given their potentially broad and restrictive scope, permanent injunctions must be particularly tailored to the specific circumstances of the case in which they are ordered. It is therefore incumbent on the court asked to consider such relief to conduct a careful analysis and to limit the breadth of any permanent injunction to only what is reasonably necessary to remedy the specific wrong committed and to prevent further harm to the claimant.
While the motion judge adverted to the circumstances in which permanent injunctions against the publication of defamatory statements may be warranted, she did not reference any criteria respecting the advisability of granting a permanent injunction restraining the appellant's movements or communications. A permanent injunction is a remedy that may be granted once a legal right or a cause of action has been finally adjudicated and proven on a balance of probabilities. Since defamation was the only tort that the motion judge found to have been established, the remedy sought and granted should have been only in relation to and for the purpose of preventing a continuation of that tort. Accordingly, to justify the granting of a permanent injunction restricting the appellant's movements or communications, the motion judge would have had to conclude that a permanent injunction restricting the appellant's movements or communications with the respondents was reasonably necessary to remedy the defamation and to prevent the defamation campaign from continuing. She did not do so. Therefore, the motion judge erred in failing to carry out the required analysis and make appropriate findings to determine whether such a broad permanent injunction was necessary. The movement and communications paragraphs of the injunction order were set aside. The Court noted that the respondents were not without recourse. If necessary, other remedies were available to restrain the appellant's behaviour, such as issuing a trespass notice under the Trespass to Property Act, R.S.O. 1990, c. T.21, which the respondent already did, or pursuing a peace bond under the Criminal Code(Rainy River (Town) v. Olsen, 2017 ONCA 605).
[Lauwers, van Rensburg and Roberts JJ.A.]
Alan L. Rachlin, for the appellant
C. Kirk Boggs and Darcy Romaine, for the respondent
The respondent sustained serious injuries when he lost control of his motorcycle after colliding with one of five donkeys that had escaped through a gate of the appellant's tenanted rural property. On a motion for summary judgment, the motion judge concluded that the appellant was negligent as a residential landlord of rural property because it had no policy or procedure in place to inspect or repair the fences, although it had an obligation to do so. The motion judge reserved the issue of damages for trial. The appellant appealed the dismissal of its motion for summary judgment and the granting of judgment in favour of the respondent.
(1) Did the motion just err in his assessment of the appellant's liability as a landlord?
(2) Did the motion judge err in finding that it was negligent for the appellant to have failed to carry out regular inspections and notice that the gate immediately adjacent to a roadway was unlocked?
(3) Did the motion judge err in granting judgment in favour of the respondent without determining the question of contributory negligence?
(1) No. The Court was not persuaded that the motion judge made any reversible error. The particular facts of the case drove the motion judge's causation analysis, which was reasonable and subject to appellate deference. The appellant admitted that it was responsible for the condition of the fence. As a result, it made no difference to the outcome of the motion or this appeal whether the tenancy was treated as a residential or a commercial tenancy or whether the appellant was a landlord in or out of possession of the tenanted property. In either case, the appellant's duties to maintain the structural integrity of the fence were the same.
(2) No. The unlocked gate created a potential hazard to motorists in that it served as a breach of the fence through which livestock could and did escape onto the roadway. The Court held that it was open to the motion judge to conclude that the appellant had failed in its undertaken duty to secure the structural integrity of the fence.
(3) Yes. The Court agreed that the motion judge did not appear to have dealt with the question of contributory negligence. However, this was not the focus of the parties' submissions before the motion judge on the appellant's summary judgment motion. Therefore, the issue of contributory negligence, along with damages, was remitted for determination at trial.
[MacPherson, Sharpe and Jamal JJ.A.]
Patrick J. Kraemer, for the appellant LK
Terrah Smith, for the respondent GS
SK, acting in person
LK and SK were married and jointly owned a home. SK's parents GS and JS paid over $216,000 for improvements to the home, including a "granny suite." LK, SK, GS, and JS all entered into an agreement where LK and SK licensed the granny suite to GS and JS for $165,000 secured by a demand mortgage agreement. LK and SK's marriage collapsed and GS unsuccessfully sought to register the mortgage. GS and SK commenced legal proceedings against LK and all three parties agreed that a summary judgment motion was the appropriate method of resolution, the effect of which was that GS was owed $165,000 and that the mortgage would be included in the Net Family Property calculation of LK and SK as a debt owed equally to GS. At the motion hearing, however, LK argued that the $165,000 was a gift, an argument that was rejected because of the existence of a valid and enforceable license agreement. LK appealed.
(1) Did the motion judge err in determining that the license agreement was a valid license?
(2) Did the motion judge err by determining that the money paid for the construction of the granny suite was not a gift?
(3) In the alternative, if the agreement is a license and demand mortgage, should the $165,000 be discounted by the portion of time that GS had lived in the granny suite?
(1) No. The parties were all represented by counsel when drawing up the license agreement. The contention that the license agreement was actually a lease had no basis.
(2) No. If the $165,000 was intended to be a gift, there would have been no need to engage separate lawyers to negotiate what ended up as a 12-page license agreement with a mortgage agreement attached as a schedule.
(3) No. The license agreement stipulated that GS waived interest on the $165,000 while he lived in the granny suite and as a result, the principal should not be deducted.
[Gillese, Rouleau and Fairburn JJ.A.]
Steven M. Bookman and Gillian Bookman, for the appellant
Darlene Rites, for the respondent
The child in question was born in Toronto and raised there by both parents until October 2018, when she was six months old. At that time, her mother took her to France. Four months later, in February 2019, the father travelled to France and brought the child back to Ontario. The parents had very different versions of the circumstances in which the child was both taken to France and brought back to Ontario. Each says the other wrongfully took the child or wrongfully retained her or both.
The mother brought a Hague Convention application in Ontario in which she alleged that the child was habitually resident in France in February 2019 and had been wrongfully removed to Canada. She asked the court to order that the child be returned to France.
The application judge dismissed the application. She found that the child was habitually resident in Canada until October 28, 2018, when the parties' relationship ended. She further found that the child's habitual residence remained Canada, despite her having lived in France with her mother from mid-October 2018 to the end of February 2019. Because the child was not habitually resident in France in February 2019, the provisions of the Hague Convention did not apply.
On appeal, the mother contends that the application judge's decision offends the Hague Convention and the principles set out by the Supreme Court in Office of the Children's Lawyer v. Balev, 2018 SCC 16.
(1) Did the application judge err by focusing on the wrong time frame and issue?
(2) Did the application judge err in her determination of the child's habitual residence?
(3) Did the application judge err in finding that the appellant returned to full-time employment when the child was three months old?
(4) Did the application judge err by improperly permitting the respondent to file further affidavit evidence late in the process?
(1)No. The Court did not accept the appellant's submission that the application judge focused on an issue that she had no jurisdiction to determine: whether the child was wrongfully retained in France after the end of October 2018.
The Court agreed with the application judge that, in determining the child's habitual residence "immediately before" the alleged wrongful removal of February 28, 2019, the hybrid approach in Balevrequired that she look at the "entirety" of the child's situation, "unencumbered by rigid rules, formulas, or presumptions". In this case, the entirety of the child's situation included her habitual residence on October 28, 2018, and the circumstances under which she remained in France after that date.
Accordingly, in the Court's view, the application judge made no error in deciding where the child was habitually resident on October 28, 2018, and her consideration of the circumstances in which the child remained in France for the ensuing four months.
(2) No. The Court disagreed with the appellant's argument that the application judge failed to recognize that Balevsays that one parent can unilaterally change a child's habitual residence. In Balev, a majority of the Supreme Court states that there is no rule that the actions of one parent cannot unilaterally change the habitual residence of a child. In any event, the application judge's finding that the child's habitual residence, on February 28, 2019, remained Canada was not based on a misguided understanding of the role that one parent's unilateral actions might play, as submitted by the appellant.
With regard to the role of parental intention, the application judge took into account parental consent in accordance with Balev. She found that the respondent did not consent to the appellant relocating with the child to France – he consented to the child being in France with the appellant for the two-week period from October 14 to October 28, 2018. Consequently, the application judge found that when the two-week period expired at the end of October 2018, the appellant wrongfully retained the child in France. The application judge made no palpable and overriding error in these findings, nor did she place undue weight on the fact of the wrongful retention.
The application judge rejected the appellant's argument that she was obliged to find that, on February 28, 2019, the child's habitual residence was France because for an infant, the focal point of the infant's life is who looked after her and in the four-month period leading up to February 28, it was the appellant who looked after the child. In the circumstances of this case, this was not a palpable and overriding error. The Court further found that there was no palpable and overriding error in the application judge's finding in respect of the focal point of the child's life immediately before the alleged wrongful removal. She properly articulated the legal principles that govern this matter.
(3) No. The application judge found that the appellant returned to full-time employment when the child was three months old (the first finding). She also found that the appellant vacationed in France, with the child, from July 14 to August 24, 2018 (the second finding). At that time, the appellant says the child was three months old. The appellant argued that the first finding is inconsistent with the second and must be the result of a palpable and overriding error.
The Court rejected this argument and did not accept that the application judge made a palpable and overriding error in making the first finding. The Court also rejected the appellant's second submission on this ground of appeal that the application judge accepted the respondent's evidence simply because she found the respondent credible. The Court found that this fundamentally misstated the way in which the application judge approached the task of making findings of fact. On every key issue, the application judge set out the main conflicts in the evidence of the parties. She then gave careful, detailed reasons explaining her finding on the issue and why she made it. Importantly, the application judge thoroughly canvassed all the evidence on each such issue, including the independent evidence of third parties and contemporary documentation. Her findings were solidly grounded in the totality of evidence before her.
(4) No, the application judge made no error in admitting the sister's affidavit. The appellant argued that she had no opportunity to reply to the sister's affidavit. The Court did not accept this submission. The appellant received the sister's affidavit three days prior, and had she wished to reply to it, a responding affidavit could have been prepared. Further, if the appellant felt that she had not had sufficient time to respond to the sister's affidavit, she could have sought an adjournment for that purpose. The application judge also gave compelling reasons for admitting the affidavit, as it provided clarity on a material issue.
[Watt, Hourigan, and Trotter JJA]
M Sydney, for the appellant
S Zeitz, for the respondent
When the respondent's wife died on October 14, 2010, the life insurance company denied the respondent's claim under the policy on the basis that the wife failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company on March 29, 2011, and during that litigation became aware, in December 2012, of the potential professional negligence of the insurance agent. The respondent commenced a claim in professional negligence on February 11, 2013, against the appellant agent.
The appellant brought a summary judgment motion to dismiss the action on the basis that any right to assert a claim against him arose when the respondent was an undischarged bankrupt and, therefore, the cause of action vested with his trustee in bankruptcy. The respondent brought a cross-motion seeking an order nunc pro tunc granting him standing to bring the action in his own name, notwithstanding his assignment in bankruptcy and subsequent discharge.
The motion judge found that she had a discretion under the Bankruptcy and Insolvency Act("BIA") to validate the claim and regularize the proceedings. She relied on ss 187(9) of the BIA, which provides that no bankruptcy proceeding shall be invalidated by a formal defect or irregularity. According to the motion judge, the order the respondent sought was consistent with the interests of justice and would help protect innocent third-party creditors and the respondent. To do otherwise, she reasoned, would result in a potential windfall for the appellant and a corresponding loss to the creditors.
The motion judge further found that the expiry of the limitation period was not an absolute bar to an order nunc pro tunc, and that the court could still exercise its discretion. She determined that the order would not undermine the limitation period's purpose because it was a mere procedural irregularity and there was no intent to defraud creditors. Further, the appellant was aware of the claim within the limitation period, defended the action from the outset, and did not take the position that it relied on the limitation period or that it had been prejudiced.
The appellant appealed.
(1) Did the motion judge err in finding that the order could be made on a nunc pro tunc basis.
(2) Did the motion judge err in finding that she had the discretion to make an order regularizing the proceeding.
Appeal allowed.
(1) Yes. In circumstances where a motion is brought after the expiry of a limitation period, a nunc pro tunc order cannot be made for the simple reason that such an order is of no practical effect. It would only serve to backdate the order to the date of the motion, which was already beyond the expiry of the limitation period. This is consistent with the Supreme Court of Canada's decision in Canadian Imperial Bank of Commerce v Green.
In addition, the Court held that even if the respondent was successful in obtaining a nunc pro tunc order, the cause of action arose during the respondent's bankruptcy, constituted property under s 2 and s67(1)(c) of the BIA, and thus vested in the trustee in bankruptcy. The respondent would have had to seek an assignment and / or arrange for the reappointment of the trustee under s 41(11) of the BIA to prosecute the claim.
(2) The Court was not required to determine Issue 2 because it decided Issue 1 in the affirmative.
[Feldman, Brown and Zarnett JJ.A.]
PS, acting in person for himself and for the corporate appellants
Adam C. Pantel, for Wishart Law Firm LLP and JPRC
James H. Grout, for McRoberts Legal Services Inc.
The corporate respondent obtained default judgment against the corporate appellants in respect of the supply of allegedly faulty woodworking equipment. The corporate appellants moved to set aside the default judgment, primarily on the basis that they were not properly served with the claim. The motion to set aside was dismissed for the following reasons: proper service was effected; there was considerable delay in bringing the motion to set aside; and the plaintiffs would be prejudiced because of the delay.
An appeal from the denial of the motion to set aside was dismissed for failure to perfect. Subsequently, a motion was made to set aside that dismissal. That motion was rejected and an appeal from that decision was dismissed by the Court. Following those appeal decisions, the appellants brought a new action against the corporate respondents, the law firm, a lawyer, and the process server, claiming damages for obtaining the default judgment and alleging fraud in the claim that proper service of the original statement of claim had been effected. The respondents filed a written request under rule 2.1.01 to dismiss the new action as an abuse of process. The motion judge struck out the new action, finding it to be frivolous, vexatious and an abuse of the process of the court.
(1) Did the motion judge err in his conclusion that the new action was an abuse of process?
(1) No. The purpose of Rule 2.1.01 is to allow the court to deal at the earliest stage with actions that amount to an abuse of process. In this case, the appellants were seeking to re-litigate the issues surrounding the service of the respondent's original statement of claim and the obtaining of default judgment, a classic example of abuse of process.
As is clear from the dates on the documents, almost all this evidence would not meet the timing requirement of the test from Palmer v. The Queen, for the admission of "fresh evidence" on the motion under appeal, as the appellant obtained it before the original proceedings were completed. That is why the motion judge mentioned that if there were to be any new evidence of an alleged fraud discovered after the Court of Appeal decision in October 2018, the appellants might possibly be able to use that evidence to seek to set aside the dismissal orders.
[Paciocco J.A. (Motions Judge)]
Filipe A. Mendes, for the moving party
Matthew Reid, for the responding parties
The appellant sought an extension of time to perfect an appeal that should have been perfected on May 14, 2019, some seven and a half months ago. The appellant did not take steps to perfect the appeal until after counsel for the respondents took the initiative of inquiring whether the appeal would be proceeding, and after the registrar served notice of intention to dismiss the appeal. The appellant subsequently attempted to perfect the appeal on two occasions, both times unsuccessfully because of technical deficiencies in the materials..
(1) Should the deadline to perfect the appeal be extended?
(1) No. Despite the fact that the appellant was an experienced litigant and fully represented in this action, inadequate efforts were made to ensure that this appeal was prosecuted with diligence and reasonable attention to the timelines and filing requirements imposed by the court. The Court concluded that the justice of this case would not be served if it disregarded the repeated failure by the appellant to comply with the rules and procedures of the court.
Mark Adilman, for the appellant
David A. Ziegler, for the respondent
The appellant did not defend an action brought by the respondent in Minnesota for damages for the supply of defective goods. The respondent obtained default judgment in Minnesota and then brought this action in Ontario to enforce the Minnesota judgment. The motion judge granted summary judgment enforcing the Minnesota judgment.
(1) Did the motion judge err by refusing to hold that a provision in the initial quotation ousted the jurisdiction of the courts of Minnesota?
(2) Did the motion judge err by holding that there was a real and substantial connection sufficient to support the jurisdiction of the Minnesota courts?
(3) Was it contrary to public policy to enforce the Minnesota judgment?
(1) No. A permissive forum selection clause does not deprive another forum of jurisdiction simpliciter, but is relevant to whether that other forum should exercise its jurisdiction. The Court found that the forum selection clause was permissive rather than exclusive, and the Court did not find it necessary to decide how this appeal would be decided if the clause did confer exclusive jurisdiction on the courts of Ontario. Further, the clause was strikingly similar to clauses that other courts have refused to characterize as conferring exclusive jurisdiction. It provided that the respondent "attorns" to Ontario jurisdiction and says nothing that excludes the jurisdiction of another possible forum. Accordingly, the forum selection clause does not rule out Minnesota jurisdiction.
(2) No, there was no error in the motion judge's finding that there was a real and substantial connection with Minnesota. The respondent is a Minnesota corporation with its principal place of business in that state. The appellant went to Minnesota to solicit the respondent's business. The contract was largely negotiated in Minnesota and performed by the delivery of products to Minnesota. The appellant's effort to repair alleged defects in the products it supplied occurred in Minnesota. The motion judge did not err by concluding that those facts satisfy the real and substantial connection test.
(3) No, the Court did not accept the argument that it would be contrary to public policy to enforce the Minnesota judgment. The public policy defence is a narrow one and does not apply to the decision of a foreign court to decline jurisdiction in the face of a venue clause. Nor is it contrary to public policy for a court to entertain a case with a real and substantial connection to the forum and to apply the forum's limitation legislation rather than that of another jurisdiction.
[Paciocco, Harvison Young and Zarnett JJ.A.]
Benjamin J. Rutherford, for appellant in appeal and respondent in cross-appeal
Erik Savas, for the respondents in appeal and appellants in cross-appeal
[Miller, Fairburn and Thorburn JJ.A.]
Gord Cudmore, for the appellant
Roy Lee, for the respondent
[Watt, Huscroft and Trotter JJ.A.]
Paul Calarco, for the appellant
Catherine Weiler, for the respondent
[Doherty, Watt and Hourigan JJ.A.]
Breana Vandebeek, for the appellant
Sandy Thomas, for the respondent
Richard Litkowski, for the appellant
Bradley Reitz, for the respondent
Michael Davies, for the appellant
Nicolas de Montigny, for the respondent
Janice E. Blackburn, for the appellant, Person in Charge of St. Joseph's Healthcare Hamilton
Russell Browne, for the respondent, MM
Amy Alyea, for the respondent, Her Majesty the Queen
The information contained in our summaries of the decisions is not intended to provide legal advice and does not necessarily cover every matter raised in a decision. For complete information or for specific advice, please read the decision or contact us.


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Q: SQL cumulative based on condition I need to take cumulative based on condition. If it is holiday I dont want to take cumulative.
If the row is the first row in date order and if that day is holiday then it should take daywiseplan value. For all subsequent rows, if IsHolday equals zero, accumulate DaywisePlan into the total. If IsHolday equals one, accumulate the value of DaywisePlan on the next row in date order where IsHolday equals zero

Date
DaywisePlan
IsHoliday
ExpectedOutput

7/1/2022
34
1
34

7/2/2022
34
1
34

7/3/2022
34
0
34

7/4/2022
34
0
68

7/5/2022
34
0
102

7/6/2022
34
0
136

7/7/2022
34
1
136

7/8/2022
34
1
136

7/9/2022
34
0
170

7/10/2022
34
0
204

7/11/2022
34
1
204

7/12/2022
34
0
238

A: In the comments I proposed logic based on the first version of your expected results.
The expected results in the question as currently posed do not match that logic. Instead they seem to match this logic:

Do not accumulate DaywisePlan until arriving at the first row in order of date ascending where IsHolday equals zero. For that row and all subsequent rows, if IsHolday equals zero, accumulate DaywisePlan into the total.

You have also used an ambiguous date format which I infer (given the nature of your question) to be 'month/day/year', but could also be valid 'day/month/year' values. Here it happens to be the caes that the interpretation makes no difference to the ordering, but you should make it a habit of using non-ambiguous date formats like 'yyyyMMdd'.
In any case, here is a query which will produce the original expected results, and another query which will produce the new expected results. I have used similar CTE's for both to make the logic (and the difference between them) a little easier to read.

create table #mytable
(
   [Date]         date primary key,
   DaywisePlan    int,
   IsHoliday      bit,
   ExpectedOutput int
);

set dateformat mdy;

-- original dataset

insert #mytable values
('7/1/2022',   34,   1,  34 ),
('7/2/2022',   34,   1,  34 ),
('7/3/2022',   34,   0,  68 ),
('7/4/2022',   34,   0,  102 ),
('7/5/2022',   34,   0,  136 ),
('7/6/2022',   34,   0,  170 ),
('7/7/2022',   34,   1,  170 ),
('7/8/2022',   34,   1,  170 ),
('7/9/2022',   34,   0,  204 ),
('7/10/2022',  34,   0,  238 ),
('7/11/2022',  34,   1,  238 ),
('7/12/2022',  34,   0,  272 );

-- logic producing original dataset

with working as
(
   select      [date],
               DaywisePlan,
               IsHoliday,
               ExpectedOutput,
               FullAccum      =  sum(DayWisePlan)
                                 over (order by [date] rows unbounded preceding),
               HoldayAccum    =  sum
                                 (
                                    iif(isHoliday = 1 and [date] != t.mindate, DayWisePlan, 0)
                                 ) over (order by [date] rows unbounded preceding)
   from        #mytable
   cross join (select min([date]) from #myTable) t(mindate)
)
select   [date],
         daywiseplan,
         isholiday,
         expectedoutput,
         CalculatedOutput = FullAccum - HoldayAccum
from     working;

-- edited dataset

delete from #mytable;

insert #mytable values
('7/1/2022',   34,   1,   34  ),
('7/2/2022',   34,   1,   34  ),
('7/3/2022',   34,   0,   34  ),
('7/4/2022',   34,   0,   68  ),
('7/5/2022',   34,   0,   102 ),
('7/6/2022',   34,   0,   136 ),
('7/7/2022',   34,   1,   136 ),
('7/8/2022',   34,   1,   136 ),
('7/9/2022',   34,   0,   170 ),
('7/10/2022',  34,   0,   204 ),
('7/11/2022',  34,   1,   204 ),
('7/12/2022',  34,   0,   238 );

-- logic to produce edited dataset
with working as
(
   select      [date],
               DaywisePlan,
               IsHoliday,
               ExpectedOutput,
               firstNonHoliday   = (select min([date]) from #myTable where IsHoliday = 0),
               FullAccum         =  sum(DayWisePlan)
                                    over (order by [date] rows unbounded preceding),
               HoldayAccum       =  sum
                                    (
                                       iif(isHoliday = 1, DayWisePlan, 0)
                                    ) over (order by [date] rows unbounded preceding)
   from        #mytable
)
select   [date],
         daywiseplan,
         isholiday,
         expectedoutput,
         CalculatedOutput = iif([date] < firstNonHoliday, daywiseplan, FullAccum - HoldayAccum)
from     working;

If you just mean to say "ignore any holidays after the first non-holiday" then the logic can be significantly simplified (keeping the CTE for comparative purposes):
with working as
(
   select      [date],
               DaywisePlan,
               IsHoliday,
               ExpectedOutput,
               firstNonHoliday   = (select min([date]) from #myTable where IsHoliday = 0),
               FullAccum         = sum(iif(isHoliday = 0, DayWisePlan, 0))
                                   over(order by date rows unbounded preceding)
   from        #mytable

)
select   [date],
         daywiseplan,
         isholiday,
         expectedoutput,
         CalculatedOutput = iif([date] <= firstNonHoliday, dayWisePlan, fullaccum)
from     working;

A: in one Query id´ can't think of, but use a CTE , it is quite easy using  The window Function SUM and FIRST_VALUE
if you have more month and want to have a SUM for all month sereately, you need to PARTITION both window function mothwise

WITH CTE AS
(SELECT
    [Date], [DaywisePlan], [IsHoliday],
    FIRST_VALUE([DaywisePlan]) OVER(PARTITION BY [IsHoliday] ORDER By [Date]) [First],
    SUM(CASE WHEN [IsHoliday] = 0 THEN [DaywisePlan] ELSe 0 END) OVER(ORDER By [Date]) as [Sum]
FROM tab1)
SELECT [Date], [DaywisePlan], [IsHoliday]
,CASE WHEN [Sum] = 0 AND [IsHoliday] = 1 THEN [Sum]+ [first] ELSe [Sum] END as [Sum] FROM CTE

Date                    | DaywisePlan | IsHoliday | Sum
:---------------------- | ----------: | --------: | --:
2022-07-01 02:00:00.000 |          34 |         1 |  34
2022-07-02 02:00:00.000 |          34 |         1 |  34
2022-07-03 02:00:00.000 |          34 |         0 |  34
2022-07-04 02:00:00.000 |          34 |         0 |  68
2022-07-05 02:00:00.000 |          34 |         0 | 102
2022-07-06 02:00:00.000 |          34 |         0 | 136
2022-07-07 02:00:00.000 |          34 |         1 | 136
2022-07-08 02:00:00.000 |          34 |         1 | 136
2022-07-09 02:00:00.000 |          34 |         0 | 170
2022-07-10 02:00:00.000 |          34 |         0 | 204
2022-07-11 02:00:00.000 |          34 |         1 | 204
2022-07-12 02:00:00.000 |          34 |         0 | 238

db<>fiddle here

redpajama_set_name: RedPajamaStackExchange


text:
Osceola County Developments
Narcoossee land assemblage slated for live-work development
By Laura Kinsler
Narcoossee Commons, just north of Rummell Road, would be an 11.5-acre mixed-use development with 92 residential units and 21,480 square feet of commercial space. The same developer owns 4.5-acres across the street and plans 64,500-square feet of commercial space. (staff)
The city of St. Cloud will consider an annexation request for 11.5 acres assembled on Narcoossee Road for a proposed live-work development.
The case goes to the city's Planning Commission on June 20.
The four parcels lie on the west side of Narcoossee, just across Rummell Road from Turtle Creek. Developer Lazaro Rodriguez of SPC Homes also owns a 13,700-square foot strip center at the intersection, which today serves as his corporate headquarters.
Now Rodriguez is seeking commercial land use from the city, which matches its current county land use. An initial zoning application has not been filed.
The preliminary site plan shows the phasing and uses for Narcoossee Commons, which has applied for voluntary annexation into the City of St. Cloud. (Lam Civil Engineering)
"We're leaning toward doing a PUD," he told GrowthSpotter on Tuesday. "The city has been real adamant about doing more live-work-play type development. They want to look more like Celebration."
Planning and Zoning Manager Andre Anderson said Rodriguez could develop housing in a commercial zone, but he would need a conditional use permit.
Lam Civil Engineering drafted a concept plan for "Narcoossee Commons" to be developed in two phases. The first building would be a true live-work space, with 10,600 square feet of commercial/office space on the ground floor and eight residential condo units on the second floor.
Two separate developers planning live-work spaces in Osceola County
Insight on the goals for each early-stage project, and challenges they may face in moving forward.
Building two would have 54 residential units. The first phase also includes a commercial outparcel with approximately 150-feet of frontage on Narcoossee Road. Rodriguez said the outparcel is part of a land swap with the owner of a single-family home that was needed to complete the assemblage.
He paid $1 million in 2014 and 2015 acquiring the other parcels.
The second phase would include another 30 residential units in building three, and a fourth building with 10,880 square feet of commercial.
Last year Rodriguez and business partner Angel Juarbe paid $1 million for the 4.5-acre parcel across Narcoossee Road, at the intersection with Ralph Miller Road. They've already successfully annexed that parcel into the city and are in permitting for a commercial development.
A preliminary site plan for that project, also by Lam, calls for three buildings totaling 64,500 square feet.
Developer Lazaro Rodriguez is planning a 22,500-square-foot commercial building on Ralph Miller Road as the first phase of his South Nona project in St. Cloud. (Lam Civil Engineering)
"Now we're looking at doing a two- or three-story building in the back and two outparcels on Narcoossee," he said. "We're in negotiations with a national user to do a build-to-suit medical clinic."
The Narcoossee corridor continues to be one of the fastest growing areas of Osceola County, according to Property Appraiser Katrina Scarborough. And St. Cloud's tax roll grew by more than 10 percent in 2016.
"St. Cloud has been very active over the last few years to encourage more growth and development," Rodriguez said. "They've done a good job in helping with the approvals."
K. Hovnanian to start building in St. Cloud's Narcoossee corridor
Insight on what this luxury homebuilder is planning in Preserve at Turtle Creek, and how this is considered just its first of multiple lot takedowns.
Rodriguez said he chose that intersection because it's strategically located between two explosive growth centers -- Lake Nona to the north and Hickory Tree Road to the south.
Osceola County's Long Range Transportation Plan calls for Rummell Road to be extended east and north into the future Sunbridge development, and for the road to serve as a multimodal corridor.
The new buildings won't be designed to match the strip center where the SPC office is located. "We didn't do that building -- we acquired it," he said. "The architecture would be a little more modern than what's there. Then we would, in turn, bring that building on the corner up to the more modern look."
Have a tip about Central Florida development? Contact me at lkinsler@GrowthSpotter.com or (407)420-6261, or tweet me at @LKinslerOGrowth. Follow GrowthSpotter on Facebook, Twitter and LinkedIn.
Latest Osceola County Developments
Owner of stalled Bahama Bay condo complex in Davenport will complete the project this year
Comedian Larry the Cable Guy buys Windermere estate
David Weekley buys Ocoee land for new townhome community, plans to break ground soon
Proposed mixed-use project near Lake Mary includes a new hotel, townhomes and retail

redpajama_set_name: RedPajamaCommonCrawl


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Our art and ceramics program offers more than just drawing and painting. Students are are expected to expand their artistic repertoire by trying new methods supported by the California State Standards for art.
Justin Gonzales, one of our 7th Graders, participated in the Latino Heritage Month Poster Contest and he was one of the finalists. He was invited by Mayor Antonio Villaraigosa to participate in the Awards Ceremony on September 29, 2011. Congratulations to Justin and to his Art Teacher, Mireya Alonzo. This is the 4th prize her students have received from the Mayor and 6th award they have received throughout the years. Mark Twain Arts Academy is making a difference!


text:
Pârâul Olt este un curs de apă, afluent al râului Pădureni.

Râuri din România
Gospodărirea apelor
Râuri din județul Covasna
Bazinul Olt

redpajama_set_name: RedPajamaWikipedia


In our resources section, we strive to provide you with valuable information and contacts relating to Down syndrome and autism. Please check back here regularly as we are always updating our resources.
Search our network of support groups to find a Down syndrome support group near you.
View our collection of common questions and answers asked by parents, educators, friends, and family of people with Down syndrome and autism.


text:
class Family < ActiveRecord::Base
	has_secure_password
	has_many :members, dependent: :destroy
	has_many :events, dependent: :destroy
	has_many :rewards, dependent: :destroy
	has_many :tasks, dependent: :destroy

	validates :surname, :email, :password, presence: true
	validates :email, uniqueness: true
	validates :password, length: { in: 6..20 }
end

redpajama_set_name: RedPajamaGithub


text:
Mário Tavares da Cunha Melo (Joinville,  – ) foi um advogado e político brasileiro.

Vida
Filho de Francisco Tavares da Cunha Melo Sobrinho e de Nelsina Barreto Tavares. Casou com Diva Sabino Tavares. Bacharelou-se em direito pela Faculdade de Direito de Santa Catarina, em 1955.

Carreira
Foi deputado à Assembleia Legislativa de Santa Catarina na 4ª legislatura (1959 — 1963), como suplente convocado, e na 5ª legislatura (1963 — 1967). Foi 2º secretário da Assembléia Legislativa, em 1966, eleito pelo Partido Democrata Cristão (PDC).

Bibliografia
Piazza, Walter: Dicionário Político Catarinense. Florianópolis: Assembleia Legislativa do Estado de Santa Catarina, 1985.

Ligações externas

Deputados estaduais de Santa Catarina
Naturais de Joinville


GE Contracting LLC designs and renovates the basement to fit your vision of the perfect place to spend time with family or host the next big sporting event with all your friends. In addition to looking amazing, your custom basement design will provide the functionality you need to enjoy your new space for years to come.
We have the experience and expertise to do the job right the first time.


AndreasStone . RedChloe1. WeAreCrazy. APOLOWILD.
APOLOWILDEvaXReedsweet1princessemsGOLDENc0ck .AdrienneWBeMyVoyeurbrigittebellAlissaDoll .BellaDreamsTimmyFordimFancySalmaHades .BellaDreamsJuliaJuKristaPearlBabyCharm .Jade97MaryKimNaughtyTease3CherryPieCute .Germanyboy166MOONofDESlRENatalyHopeGreatRugbyBoy .YummyDamiPhoebeGranHornyKnelitaBeMyVoyeur .NIKYHBeMyVoyeurmiamahaloHotSexyAngel21 .TimmyFordLadyAlisya69Camilla69ChristianFlirt .ChungBabysweet1princesseSwissMatureCherryPieCute .HotSexyAngel21LunaqqHotSexyAngel21NIKYH .
VirgoArtAPOLOWILDMeganKloss4uEvaXReed .EveGodessBeMyVoyeurXXXNatashaHipAndHorny .ElkeandJeffSeductiveShemaleGreatRugbyBoyVictressMint .SwissMatureMeganKloss4uCherryPieCuteimFancy .HornyKnelitamiamahaloAmandaCrystalKzaga .prettysugarbbmsGOLDENc0ckBeMyVoyeurFunnyPanda .HipAndHornyLolaBriefsChungBabyKARENandYIMMY .69Camilla69VirgoArtKIYARASwbrigittebell .KzagaLilliyaaSeductiveShemaleGermanyboy166 .YummyDamibrigittebellRedChloe1dariyamurr .LilliyaaLeaoNaughtyTease3FckHardAndWild .


The REM is an electric train project with four lines in the metropolitan region, serving downtown Montréal, the South Shore, the North Shore, the West Island and the Airport. It will be integrated into the existing public transit systems to provide service adapted to user's daily needs.
Our teams are hard at work developing alternative solutions that can be used by train customers travelling to Montréal during the service disruption on the Deux-Montagnes and Mascouche train lines in January 2020.
Numerous solutions are being considered to offer efficient options, including service enhancement on certain existing bus lines, a shuttle service and bus priority measures. The official mitigation measures will be released in fall. In the mean time, you can take a look at the maps of various affected sectors to better understand the possible alternatives.
Métro stations of the orange line west branch will be considered during the closure of the Côte-Vertu station during the summer of 2020.
Construction work on the REM requires that exo changes the train schedule on the Mascouche and Deux-Montagnes lines starting March 25,2019.
To ensure a good synchronization, STM's bus lines schedules at the train stations will also be adjusted.
The Deux-Montagnes train line will be modernized with the construction of the Réseau express métropolitaine (REM).
Use the trip planner to find your best option.
The Réseau express métropolitain (REM) has begun building the future Édouard-Montpetit station. This new station will be located at the site of the Pavillon Marie-Victorin entrance building.
The above equipment will be used for maintaining métro system facilities.
The station's two other entrances will be open. For your safety, use the entrance located at the corner of Vincent D'Indy Avenue and Édouard-Montpetit Boulevard.
The new station will connect with the Montréal métro's Blue line and will be one of the deepest stations in North America.
The changes are related to work on the Réseau express métropolitain (REM).
Service is suspended on Fridays and weekends.
A new, temporary shuttle service called 968 Trainbus/Côte-Vertu shuttle provides a direct link (no in-between stops) between the Côte-Vertu station and Gouin Boulevard, west of highway A‑13. Gouin Boulevard stops include the Roxboro-Pierrefonds and Sunnybrooke stations.
The shuttle service starts at the Roxboro-Pierrefonds station at 8 p.m. on Fridays and weekends.
What if the shuttle doesn't go near my location?
Use the trip planner to find the best option.
The train to Central Station that normally leaves the Mascouche station at 8:32 p.m. is cancelled.
The train to the Mascouche station that normally leaves Central Station at 9:54 p.m. is cancelled.
Are you on the Island of Montréal?


Be a part of the biggest home & gardening event in Texas!
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The San Antonio Express-News will distribute the show guide on Friday, February 22 inside mySA, reaching an estimated 248,237 readers.* Copies of the show guide will also be distributed to attendees at the show.


text:
Laptop Users Still Prefer USB Modems
By Stephen Lawson
Mobile data users still overwhelmingly prefer USB modems for keeping PCs and other devices connected on the go, but they may turn more to built-in cellular radios and portable Wi-Fi hotspots over the next five years, according to ABI Research.
Despite the growing market for connected tablets and the availability of laptops and netbooks with high-speed cellular modules built in, worldwide shipments of USB modems still surpass embedded 3G and 4G modules by three to one, ABI said in a report Monday. But by 2016, that ratio may change to near parity, said ABI analyst Jeff Orr.
Mobile operators including AT&T, Verizon Wireless and Clearwire give shoppers the option of buying a laptop or netbook with an integrated cellular module. Those computers let subscribers go online almost anywhere without using up a USB port or carrying around a separate piece of hardware that sticks out of the side of the system.
Built-in modems lock buyers into one carrier or network technology for the life of the device, which most consumers and enterprises don't want, Orr said. They buy USB modems because they can be easily discarded when a better network comes along, he said. Prices are low and often there is no early termination fee for getting out of the carrier data contract.
"That device becomes almost disposable," he said.
One problem with built-in modems is that wireless technology changes faster than most users want to change computers. For example, the past three years -- a typical PC lifetime -- have seen the construction of both a WiMax and an LTE network in many cities around the U.S., offering 10 times or more the speed of 3G networks.
The market for embedded modems is still fairly small, according to ABI. In 2010, only about 5 percent of laptops worldwide shipped with built-in cellular modems, Orr said. Among netbooks, 17 percent came with modems, but overall shipments were much smaller for netbooks than for laptops. Meanwhile, 40 percent of tablets came with such modems, but the overall tablet market was smaller still.
[ Further reading: Our picks for best PC laptops ]
But embedded modems could start to gain popularity as tablet sales grow and as the incremental cost of the modems shrinks, Orr said. One thing that could cut that price is shifting some of the cost to an activation fee paid only if the customer decides to sign up for service, he said. There are already laptops available from U.S. electronics retailer Best Buy with WiMax built in, with no requirement for the buyer to sign up for Clearwire service.
Meanwhile, portable Wi-Fi hotspots that use cellular data networks may dwarf both embedded and USB modems by 2016, Orr said. These allow users to connect several devices to the 3G or 4G network simultaneously and pay only for one data plan. All that's needed on each device is Wi-Fi.
Stephen Lawson covers mobile, storage and networking technologies for The IDG News Service. Follow Stephen on Twitter at @sdlawsonmedia. Stephen's e-mail address is stephen_lawson@idg.com


Family photo shoots on location. Below are a few images from a family photo shoot in Clifton Park in Rotherham. Now offering photo shoots on location. This could be a local park, tourist attraction, or a location the means something to you and your family. Click here for more information….


Users have to face a painful wait after switching on their PCs before they get ready for use. Now, tech company Lenovo is trying to provide relief to PC users. It has launched its latest effort to eliminate slow boot up times with Lenovo Enhanced Experience 3 (EE3) for Windows 7.
As the third version of an exclusive certification only available on Lenovo Think and Idea-branded PCs, EE3 certified products feature better Windows start-up performance and other optimization features, says the company. Lenovo EE3 will come standard on a wide range of Think and Idea-branded PCs shipping beginning in April. It was announced today, April 26.
Customers using traditional spinning disk hard drive (HDD) Lenovo PCs can start their PC on average 40 percent faster than typical Windows 7 PC users, thanks to Lenovo's RapidBoot technology, featured on all EE3 certified Lenovo PCs. RapidBoot uses optimized processes and hardware settings to allow Lenovo PCs to boot up faster.
EE3 certified Lenovo PCs boot up in 24 seconds on average, while the typical Windows 7 PC trails with an average time of 41 seconds, says Lenovo.
"Time is precious, and when it comes to your PC, we want to make sure that every second counts, and reduce the wait time it takes to get your PC up and running," said Mark Cohen, distinguished engineer and vice president, Lenovo.
Customers can identify Lenovo PCs certified for EE3 by looking for the special Lenovo Enhanced Experience 3 for Windows 7 certification sticker affixed to them. Online customers can find the Lenovo Enhanced Experience 3 for Windows 7 logo pictured alongside the certified product.
A fast PC is an important asset for any user. Making sure you have the optimal run time saves time and energy.


Jack has to disappoint House, but he offers a consolation prize.
Detailed, well-researched account of the Torchwood team in the Himalayas: Ianto has unexpected climbing experience, and everyone's brain is buggered by [spoiler].
thewayoutis: More Dinosaur Comics? n/n?
TW macros: Phrases for the easily confused. My favorite is Jack asking for coffee.
Jack raised his head from Ianto's shoulder and winked at the others. || Plotless but cute. Everyone except Ianto is transmogrified into childhood.


text:
Q: Android: How to change the default shape of a button? Is it possible to change the default shape (i.e rectangular) of the button (normal button as well as imagebutton) to something else maybe like star or a triangle in Android? Any tutorials or sample code would be much appreciated.

A: That depends on how you define "shape".
Visually, you change the shape by changing the button background resource. See this previous SO question and answer.
However, I haven't tried this with something non-rectangular, so it is possible that while it will look like a star, the "hot zone" for clicks might still be the original rectangle.
You might look at the implementation of RatingBar in the Android open source code, which uses stars, and see if they do anything unusual.


text:
Q: Retrofit + Moshi - NoJsonAdapter Found java.lang.IllegalArgumentException: No JsonAdapter for retrofit2.Call<xxxxx.data.adapter.ActivationResponse> (with no annotations)
     Message: Unable to create converter for retrofit2.Call<xxxxx.data.adapter.ActivationResponse>
        for method ActivationService.postActivationPayload

I am getting this error when trying to use Moshi alongside Retrofit for handling a request
package xxxx.data.adapter
import com.squareup.moshi.JsonClass

@JsonClass(generateAdapter = true)
data class ActivationResponse(
    var status: String,
    var statusCode: String?,
    var description: String?
)

interface ActivationService {
@POST("/") // substitute real path
    suspend fun postActivationPayload(@Body activationPayloadPost: ActivationPayloadPost) : Call<ActivationResponse>
}

Here is the activation service im supplying into Retrofit
@JsonClass(generateAdapter = true)
data class ActivationPayloadPost(
    var id: String,
    var status: String?
)

Have I just completely missed a step with working with Moshi and Retrofit?  I thought it was supposed to be able to read simple types on its own.
Here is the call for retro
        val BASE_URL = "xxxxx"
        val retrofit = Retrofit.Builder()
            .baseUrl(BASE_URL)
            .addConverterFactory(MoshiConverterFactory.create(moshi))
            .build()
        val activationService = retrofit.create(ActivationService::class.java)

I have already tested that my moshi object is able to use moshi.adapter(ActivationPayloadPost::class.java) .toJSON and it IS able to render the output I need, but when running through Retro its giving me this error.


text:
Партиза́нське — село в Україні, в Слобожанській селищній територіальній громаді Дніпровського району Дніпропетровської області. Населення, за переписом 2001 року, становить 2 591 особУ.

Географія
Село розміщене на лівому березі річки Оріль, вище за течією, на відстані 1,5 км, розташоване село Балівка, нижче за течією, на відстані 2 км — смт Обухівка. Через село проходить автошлях .

Історія
У 1930-х роках село мало назву Миколаївка-2, і відносилося до Петриківського району. Тоді ж створено колгосп «Червоний партизан».

Німецькі солдати, окупувавши село влітку 1941 року, встановили суворий порядок, комендантом призначили Редьку — жителя села Балівка. У 1943 році, відступаючи, німці спалили село вщент. Були знищені всі колодязі, крім одного. Господареві вдалося його замаскувати.

Червона армія увійшла у село восени 1943 року. Людям було запропоновано переселитися до села Балівка як таке, що менше постраждало, але народ вирішив відбудувати рідне село. Відбудовували Партизанське приблизно до 1950 року, станом на 1958 рік тут нараховувалося вже 170 дворів. 1960 року колгосп «Червоний партизан» було об'єднано з радгоспом «Перемога» і Партизанське стало відноситись до Балівської сільської ради.

У селі Партизанське існувала школа, поділена на два класи 1 і 3 та 2 і 4. Чотири класи діти вчилися в рідній школі, а з п'ятого по восьмий — у с. Балівка. Також у селі працювали магазин, клуб, контора (третього відділу радгоспу «Перемога»), дитячий садок, медична амбулаторія. Приблизно у 1965 р. клуб знесли. У 1960-х роках побудовано новий магазин, заасфальтовано автошлях Дніпропетровськ — Полтава, розпочалося будівництво залізничної колії Дніпродзержинськ — Новомосковськ-Дніпровський, а також станції  (житлові будинки, склади, крамницю, залізничний переїзд).

До об'єднання «Дніпросільбудіндустрія» входило п'ять великих заводів (завод бетонних виробів, столярних виробів, легких конструкцій, базальтового волокна, керамзитового гравію). В об'єднанні працювало 1200 працівників різних професій, із них — 450 інженерно-технічних службовців. У 1975 р. здано в експлуатацію котельню, бетонно-змішувальний та ремонтно-механічний цехи.

1974 року об'єднанням «Дпіпросільбудіндустрія» розпочалося будівництво житлового масиву. Були побудовані житлові п'ятиповерхові будинки № 1 та № 3. Впродовж 1980-x років добудовувалися будинки № 4 та № 5 для молодих сімей, торговельний комплекс, медична амбулаторія, теплопункт, дитячий садочок «Івушка».

З 1975 року розпочала свою історію сільська бібліотека. У центрі села стояла глиняна хата, де існувала бібліотека. У січні 1976 року введено в експлуатацію завод залізобетонних виробів для будівництв споруд сільського господарства.

1994 року здано в експлуатацію п'ятиповерховий будинок на 60 квартир, який належав базі «Сільгосптехніка». З 2002 року в комунальній власності громади наявні 6 п'ятиповерхових та 4 двоповерхових житлових будинків загальною кількістю 754 квартири, які обслуговуються ВАТ «Енерговолгосп». У селі Партизанське — 321 житловий індивідуальний будинок та 183 ділянки під будівництво. Село газифіковано.

День села святкується 24 серпня, на День Незалежності України. Село Партизанське налічує 11 вулиць та 2 провулки.

До 2020 року — адміністративний центр Партизанської сільської ради Дніпровського району Дніпропетровської області.

Економіка
 ЗАТ «Дніпропетровський цементний завод».
 ТОВ «Метінвест-СМЦ».
 ТОВ «Виробничий комплекс "Укрсолод"».
 «Промарматура», АТ.
 ПП «ЛОТОК»
 ПП «Наша Ряба»
 ПП «Мороз»

Світлини

Примітки

Посилання
 Погода в селі Партизанське
 Станція Балівка та село Партизанське на сайті tokatema

Села Дніпропетровської області
Населені пункти Дніпровського району


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Il Joralemon Street Tunnel, in origine chiamato Brooklyn-Battery Tunnel, è un tunnel della metropolitana di New York situato sotto l'East River, tra Manhattan e Brooklyn, aperto al traffico il 9 gennaio 1908. I binari all'interno sono parte della linea IRT Lexington Avenue, utilizzata, in questo tratto, da due services, le linee 4 e 5.

Fu il primo tunnel metropolitano sottomarino a collegare Manhattan e Brooklyn e il 9 febbraio 2009 è stato inserito nel National Register of Historic Places, lista governativa ufficiale delle strutture considerate da preservare.

Storia
La costruzione del tunnel, che consiste in due canne di ghisa tra di loro parallele lunghe 661 metri, ebbe luogo tra il 1903 e il 1907, utilizzando il metodo dello scudo. Clifford Milburn Holland, che si sarebbe in seguito occupato anche di altri tunnel della metropolitana di New York, fu uno degli ingegneri a cui venne assegnato il progetto.

Tuttavia, vari problemi di costruzione portarono a pericoli di allagamento, con conseguente ricostruzione di ampi tratti per garantire la sicurezza dei passeggeri. Inoltre, il 28 marzo 1905, un incidente nel tunnel pressurizzato determinò uno scoppio che spinse un operaio attraverso il fango e poi per 12 metri in aria. La costruzione del tunnel portò poi alla trasformazione del civico 58 Joralemon Street in una stazione di ventilazione e in un'uscita d'emergenza.

Il primo treno attraversò il Joralemon Street Tunnel in direzione Brooklyn alle 12:45 circa del 9 gennaio 1908. Il 17 marzo 1984, il tunnel fu invece luogo di un deragliamento, che non ebbe però conseguenze mortali.

Il Joralemon Street Tunnel fu uno dei diversi tunnel sotto l'East River ad essere inondati in seguito al passaggio dell'uragano Sandy nell'ottobre 2012. Questo tunnel, insieme al Rutgers Street Tunnel, era per la MTA una priorità nell'ambito delle riparazioni, in quanto trasporta alcune delle linee più trafficate di tutta la rete metropolitana. L'acqua relativa all'inondazione venne rimossa dal tunnel il 31 ottobre e il successivo 3 novembre alle ore 10:00 il servizio nel tunnel fu ripristinato.

Note

Bibliografia

Altri progetti

Collegamenti esterni

Tunnel di New York
Infrastrutture della metropolitana di New York
Linea IRT Lexington Avenue
East River


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Music Mondays – LL Cool J files trademark lawsuit against Rock the Bells Music Festival
•Blog, comics, Entertainment Legal, Industry / Client News, Television
LL Cool J has filed a trademark infringement lawsuit against the Rock the Bells music festival.
Thirty-three years ago, the rapper released 'Rock the Bells,' the first single from his debut album, Radio. The song hit number 17 on the Hot R&B/Hip-Hop Songs chart, the rapper's age at the time. LL Cool J also launched his own SiriusXM channel aptly named after the single last March.
The rapper – real name James Todd Smith – filed the lawsuit at the US District Court of the Central District of California Western Division. He claims Guerilla Division, the company behind the Rock the Bells music festival, willfully infringed on his trademarks.
"[Guerilla Division] acquired distinctiveness and significant secondary meaning, such that Plaintiff owns trademark rights in Rock the Bells."
Smith argues he had previously filed applications to register the trademark for multiple uses. The US Patent & Trademark Office (USPTO) has approved most of the applications.
Guerilla Union later owned three registrations of Rock the Bells on the principal register of the USPTO. However, they were eventually canceled.
The rapper also claims he had appealed to the Trademark Trial and Appeal Board (TTAB) to cancel Guerilla Union's trademarks. Multiple registrations were canceled. Yet, founder Chang Weisberg continues to trademark the name.
– Excerpt from an article written by Daniel Sanchez for Digital Music News. Find the full article here.
Previous PostFilm Fridays – Tara Reid files $100m lawsuit against 'Sharknado' producersNext PostClient News – Check out the debut album 'PLACES LIKE HOME' from singer & song-writer, Justin Park of 5A LABEL


Every year, Philly's Joel Spivak gifts City residents and visitors with a month's worth of events and displays to honor Philly's role in wiener history. Details about these special events can be found on the National Hot Dog Month in Philly website.
• 2:30 p.m., Sunday, July 5, Hot Dog History & Doll Display opens at 703 South 4th Street. Display on exhibit the entire month of July.
• 6-8 p.m., Friday, July 10. Remembering Famous Hot Dog Stands From the Past, meet at the corner of 40th & Lancaster Avenue, in front of Texas Wiener for a memorial display and FREE hot dogs!
• Noon, July 11. Third Annual South Street Hot Dog Crawl. Sample special creations at five restaurants celebrating National Hot Dog Month.
The pay-as-you-go crawl, with street serenade by The Wild Bohemians, begins at Copabanana/Redwood Restaurants, 4th & South Street. Free 2015 Hot Dog Month Philly T-shirt to all who complete the crawl!
• Tuesday, July 14 or 21. Visit the Levis' Hot Dogs stand in Jenkintown, PA with a group of old timers that ate at the South Philly Levis many years ago. Their tales will be collected on video for a future film.
• Saturday, July 18. South Street Headhouse District's Dog Days of Summer Cook-off celebrates its fourth year.
• 1-7 p.m., Thursday, July 23. It's National Hot Dog Day! Join the folks at Primo Hoagies, 326 South Street, for its Annual Veterans Eat Free Sausage Sandwiches Day.
• 1-3 p.m., Saturday, July 25. Remembering Famous Hot Dog Stands From the Past, at 5121 Germantown Avenue, for free hot dogs and a memorial tribute to The Little Dog House once located there.
Franks for the Memories. Dozens of shops in Philly sell hot dogs, wieners, or franks of every size and description. But nostalgia runs deep in historic Philly for the old-time shops.
The Original Levis Hot Dog and Sandwich Shop at 611 S. 6th Street.
Perhaps the best known is Old Original Levis Hot Dog and Sandwich Shop. Fourteen-year-old Abe Levis left Lithuania to evade being drafted into the Czar's army. In Philadelphia he married Anna Solo and together they started a hotdog push cart business. By 1895 they opened a little sandwich shop on South 6th Street, in the heart of the South Street business district, thriving with immigrant-owned businesses.
The shop sold hot dogs, sandwiches, fish cakes, ice cream and sodas. Levis even produced its own carbonation in the basement and became as famous for its cherry soda as it did for hot dogs. The shop lasted some 100 years at this location before heirs sold the business to Elliott Hirsh, who now owns rights to the brand and the formula for Levis's signature soda, Champ Cherry®.
Although the iconic place no longer exists, its sign does.
Photo from PhillyMag.com. The large neon sign was restored by the Davidson Neon Museum and moved across town to sit atop the North Star Bar at the corner of 27th and Poplar Streets. The sign has since been removed and stored away, say its current owners.
Tracy Kaufman Wood writes about her grandmother, Ida Kravitz, and provides a recipe for Pepper Hash on her blog, Who Can Stop A Dream. Bubbe Ida passed on her recipe from the old country to her son, whose business, Lenny's Hot Dogs, has achieved its own local fame, says Tracy.
Mom's Pepper Hash is simple enough to make and Tracy includes the recipe on her blog. But be sure to "sh'terein" lots of love into the pot as well if you whip up a batch.
For those anticipating Hot Dog Day with great relish, the City's tourism bureau published a long list of Philly hot spots for hotdogs. Go out and get some!
This entry was posted in Events and tagged Davidson Neon Museum, Famous Hot Dog Stands, Ida Kravitz, Lenny's Hot Dogs, National Hot Dog Month, O'Neal's Pub, Old Original Levis Hot Dog and Sandwich Shop, Philly's Joel Spivak, Primo's Hoagies, Third Annual South Street Hog Dog Crawl, Wild Bohemians. Bookmark the permalink.


Enter the doors of the Hotel Sezz Saint-Tropez, where both hotel guests and casual visitors are equally welcome, and discover the sumptuous Colette restaurant, a place that is both elegant and modern. Enjoy its exceptional setting, bathed by the golden light of the French Riviera, and appreciate its inspired design and clean, contemporary lines.
Linger on the terrace in the tranquil ambience of evening, or during the day, when you can admire the shimmering reflections of sunlight dancing on the swimming pool. Or you may prefer to dine inside, gazing at the views through the large windows and sipping a glass of wine as you savour the delights of a refined and exceptional cuisine. You can even watch the show in the kitchen through windows that allow you to follow the creativity of our culinary team.
Here you'll enjoy unforgettable meals that will help to make your stay a fabulous experience in which luxury is at the forefront.
Nicolas Gautier prefers local quality products. The way our chef enhances his Blackmore Wagyu beef tataki is simply unforgettable, but for Nicolas Gautier it's all about locally grown seasonal produce.
These are the ingredients which he likes to elaborate. From the Jardin de la Piboule, located in Cogolin, he sources his supplies of fruits, vegetables and even flowers.
He uses various ingredients to surprise his audience.
He gets micro-shoots from the village of Grimaud and these serve as accompaniment to ... No, we must retain the element of surprise!
Be patient and nurture the new contemporary menu with surprising ingredients that may awaken your taste buds.
The name Colette, in hommage to the great French novelist Sidonie-Gabrielle Colette, the Chef mixes skilfully exotic and Mediterranean flavours. Inspired by the concept of sharing , the menu offers a selection of Mezze starters that introduce a feature of gourmet dishes. New vegetarian creations are on the menu in addition to the catch of the day.
With the arrival of the sun, the barbecue and its luxury grill with the crackling sound, cooking under the wood fire: a wonderful taste to an exceptional meat, a scent of spices mixed with aromas.
The Chef Nicolas Gautier adds an upscale styling touch to this traditional and convivial moment.
The meat lovers come on board for a unique tasting.
The Colette restaurant offers a temptingly mouth-watering spectacle around the barbecue on the terrace, as meat and fish are cooked right in front of you, providing a treat for your eyes as well as your taste buds.
The Restaurant Colette seats up to 70 guests on the terrace and 50 indoors. It's an ideal location for your business lunch or meals with family and friends.


Electronic Medical Records Benefits Fellow Dr Ai Li Yeo has received a competitive Monash Health emerging research fellowship in recognition of her research into unnecessary pathology testing.
Dr Yeo, who is also a Rheumatology Fellow and MPhil student at Monash University, will use the $15,000 fellowship to investigate the core systemic and behavioural drivers of unnecessary pathology testing at Monash Health.
"Unnecessary pathology testing is a key challenge for Monash Health, resulting in increased patient length of stay, inappropriate healthcare resource utilisation and a poor patient experience due to false positive results," Dr Yeo said.
"This has the potential to address many of the increasing challenges faced by the healthcare system; the pressure on the hospital budget due to an ageing population, advances in medical treatments (rarely less expensive) and increasing consumer expectations," Dr Yeo said.
Monash Health is about to embark on a $100 million implementation of EMR.
Dr Yeo said the results of this project can be easily incorporated for economic benefit and improvement of patient care with immediate translational outcomes.
The findings from this Monash Health project will not only assist staff and patients at Monash Health but could be scaled to other healthcare networks to treat patients in a safer and more efficient manner.
Dr Yeo said she is honoured to have received recognition of her research idea through this fellowship, allowing her an opportunity to work in a field in which she is passionate.
She acknowledges the support of Associate Professor Ronnie Ptasznik, Associate Professor Michael Franco, Dr Suong Le, Professor Eric Morand and Professor Michelle Leech.


I will try to describe what is Assets and Liabilities Management in a bank. An AL Manager must manage with the whole balance and off-balance sheet to ensure the financial permanence of the bank and to protect its results. For that purpose, he must respect both external and internal rules (ratios, limits), calculate internal rates of return, evaluate the deformation of assets and liabilities, ensure the funding of the activity� He faces three main risks : the interest rate risk, the risk of liquidity, the risk of failure (or bankruptcy or credit risk). He tackles with that problem with derivatives products or techniques such as Assets Backed Securitisation or credit derivatives.
Let�s see the example of my bank, Casden Banque Populaire. The main activity consists in collecting and lending money, through saving plans and different kinds of loans such as property or consumer loans.
First of all, we can notice that the amount of savings which are liabilities for the bank is never equal to the amount of loans which are assets for the bank. Now, Casden holds 5,2 billions euro of loans and gets only 3,6 billions euro of deposits from its customers. As a result, Casden must borrow 1,6 billion euro on financial markets. Here rises the first problem an AL manager must handle with : funding.
On which maturity must he decide to borrow ? He must also choose between a fixed rate and a floater rate for his bond or loan issue. Most of the time, banks prefer to index their funding on a short term interest rate such as Euribor 3 months, because most of the time a short term interest rate is lower than a long term one. So to simplify, the bank will earn the difference between the rate paid by the customer which is closed to a ten years interest rate for a property loan and E3M. this spread is now around 2%.
In this case, Casden will borrow for example 100 millions euro for ten years at E3M plus a spread of liquidity increasing with the maturity, plus a spread of signature all the more high because of the risk of failure of Casden. Those two spreads are decided at the beginning of the operation and don�t change during the life of the loan. However, as E3M is a rate for a three months loan and Casden borrows for ten years, E3M will be fixed every three months, and Casden will pay the interest over the relevant quarter. So if E3M increases, Casden cost of funding will increase and its margin will reduce. This is the interest rate risk.
It would be more simple to borrow and lend money at two fixed rates on the same maturity and earn the difference. But competition between banks makes them reduce their rates to their customers. Thus they have to borrow at lower rates. It makes them being exposed to interest rate variations.
Secondly, the depreciation of assets and liabilities are not the same, because particular loans are mainly with constant payments, though interbanker loans are with capital amortising in fine. So ALM must also take into account the amortising profile of all assets and liabilities. For that purpose, it has to assume some rules and tries to settle a model based upon statistical datas. He must appreciate the risk of prepayment of loans which is an embedded option. For example, Mr. Taylor borrowed 100 000 euro in 2000 at 6% for ten years. Now he has 70 000 euro left to pay back to Casden within six years. Rates are now lower than four years ago, so he borrows 70 000 euro from BNP at 3% over six years in order to reimburse totally Casden now. For Mr. Taylor prepayment is financially better, but not for Casden which will have to reinvest that money at a lower rate. ALM must evaluate the correlation between prepayment and interest rates which explains arbitrage prepayments, and also statistical prepayments which occur even when it�s financially worse for the borrower (in case of divorce selling the house, death�).
Managing the balance sheet means also ensuring some regulatory ratios between assets and liabilities, depending on their maturity. The idea is to prevent the bank from lending more money for a long term period than it can, in order to be able to get back their savings to the customers whenever they want. This is the risk of liquidity. When Mr. Smith lets money on a current account for example, the bank doesn�t pay him any interest on it and uses its money buying shares or lending it to other people, but it must be able to give it him back at any moment. A statistical study upon currents accounts behaviour is thus required to appreciate how that money can be used.
He must also ensure and allow the capital required by the European Ratio of Solvability, called ratio Cook, which will soon be replaced by Mc Donough ratio. The idea is to put capital regarding to assets in a proportion increasing with the risk of failure of the other party of the assets.
The ALM can use many tools to protect the bank result from all that risks. With derivatives such as interest rate swaps or caps and collars, he can fix his funding cost or put a maximum on it.
He uses also ABS and credit derivatives techniques to manage the ratio Cook. When regulatory capital is not enough, the bank prefers to sell some assets rather than increase its regulatory capital because of its expensive cost. The point is that a loan is not sellable as a bond. The idea of ABS is to sell a portfolio of loans to a special purpose vehicle which then issues bonds fitted to the different wills of investors. The total assets of the bank is reduced and capital requirement also.
A credit default swap can hedge the credit risk over a loans portfolio without changing the total of the assets. It works as an insurance contract with excess. The bank buys a protection, paying premiums periodically. The seller of the protection holds all the losses of the portfolio over a first loss which remains for the buyer of the protection. Premiums and first loss depend on the rating by Moody�s or Standard & Poor�s. As they study statistical datas to estimate probability of default and recovery rate over the portfolio, though ratio Cook applies a same coefficient, a CDS can liberate regulatory capital. Those techniques must handle with big portfolio because of the important fees for structuring the deal.


text:
CVM GFI #195 Small Entities Compliance Guide For Renderers—Substances Prohibited From Use In Animal Food Or Feed
SMALL ENTITY COMPLIANCE GUIDE
CVM GFI #195 Small Entities Compliance Guide For Renderers—Substances Prohibited From Use In Animal Food Or Feed May 2009
Download the Final Small Entity Compliance Guide
Center for Veterinary Medicine
On April 25, 2008, FDA published a final rule in the Federal Register, entitled "Substances Prohibited from Use in Animal Food or Feed" (73 FR 22719). See also 74 FR 18626; April 24, 2009, which confirmed the effective date and established a compliance date of October 26, 2009. This final rule established a new regulation at 21 CFR 589.2001 entitled, "Cattle materials prohibited in animal food or feed to prevent the transmission of bovine spongiform encephalopathy" and, amended the previously existing ruminant feed regulation at 21 CFR 589.2000 entitled, "Animal proteins prohibited in animal feed." FDA has prepared this Small Entity Compliance Guide in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121). This document is intended to provide guidance on the requirements of Title 21, Code of Federal Regulations, new Section 589.2001, and amended Section 589.2000.
All written comments should be identified with this document's docket number: FDA-2008-D-0597.
Health Topic(s)
Bovine Spongiform Encephalopathy (BSE)


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Australia wildfires: Carrots and sweet potatoes airdropped to wallabies in fire-ravaged region
Carrots and sweet potatoes have been dropped from the air to help wallabies in a fire-ravaged region in Australia, The Independent reports.
Thousands of kilograms of food has been delivered to the animals in Operation Rock Wallaby, according to the minister for energy and environment for New South Wales.
Matt Kean shared an image of a person throwing carrots from a helicopter, explaining that the vegetable and sweet potatoes have made up most of the provisions given to the animals affected by the bushfires sweeping the region.
Under a picture of a wallaby nibbling on a carrot, the minister said: "One happy customer."
New South Wales, whose National Parks and Wildlife Service led the efforts to feed its local brush-tailed rock wallaby population, has been one of the worst-hit regions by wildfires.
Millions of acres of land in Australia has been torched by blazes since September, endangering animals and destroying their food sources.
One billion animals are estimated to have died in Australia's most devastating wildfire season on record, with conservationists even warning entire species could have been wiped out.
Operation Rock Wallaby
Sydney Opera House lit up in tribute as Australia wildfires claim another victim
Australia fires: Rain brings relief but huge blazes expected


2.13 m of textual records.
Subseries consists of subject files of correspondence (C/S = Correspondence/Subject). Most of these files were active up until Dr. Penfield's death and are largely grouped by subject. They may extend over a number of years but seem to indicate a continuing interest on the part of Dr. Penfield.
Some of these files may have been assembled by Dr. Penfield's secretary (Miss Dawson) at the request of Dr. Feindel after Dr. Penfield's death. Thus, their original provenance is not necessarily represented by their present arrangement.
Letters and correspondence related to publications or talks, addresses, or papers, are usually filed with the related manuscripts, and so are to be found throughout all of the subseries of series W.


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← Ariadne auf Naxos at the Washington National Opera
Parking is the problem →
Lang Lang and chamber music
There's a plant on my shelf that sits in a metal pot and for some reason (sympathetic vibrations) it rattles when certain tones are played loudly on the stereo speakers nearby. I first noticed this while listening to a recording by Lang Lang, the 27-year-old piano phenomenon. In fact, most of Lang Lang's recordings at some point make this poor plant buzz in its pot. All plants deserve names, so naturally I call this one Lang Lang.
Poor Lang Lang (the plant) has had quite a work out after an afternoon spent listening to a new Deutsche Grammophon recording of Lang Lang (the pianist) performing Tchaikovsky's Piano Trio in A minor (with cellist Mischa Maisky and violinist Vadim Repin). It's a big boned piece, almost a piano concerto with chamber accompaniment, and I'm afraid that if there are concerns out there about Lang Lang's tendency to big-boned and somewhat unrefined playing, this new disk won't allay them.
And if there are concerns about the tendency of all-star chamber music ensembles—the kind that come together for a one-off performance or recording—to sound not particularly cohesive, this disk won't allay them either. The Tchaikovsky trio is a famously over-scaled piece, orchestral in its basic thinking and not well adapted in its gestures and accompaniment figures to the chamber music sensibility. Tchaikovsky can be terribly blunt, and he needs an orchestra to carry the weight of the ideas he explores in this chamber work.
We have Tchaikovsky's busy correspondent Madame von Meck to thank, in part, for the score. She spent the summer of 1880 near Florence, and hired a trio of musicians to entertain her. Among them was an 18-year-old pianist she called Bussy, who was none other than Debussy. The French musician's time there inspired him to compose an early piano trio (long lost, but discovered and returned to the repertoire in the 1980s). And it seems to have inspired Madame von Meck to pressure her epistolary friend to write his own trio, which he did in 1882.
Even Tchaikovsky recognized that he had merely "arranged music of a symphonic character as a trio, instead of writing directly for my instruments." But the piece still works, if the players throw themselves into it with emotional abandon and the dramatic sensibility a film by Douglas Sirk. So perhaps this is perfect Lang Lang material.
Except that one would like to hear him tackle a piece that wasn't quite so much up his natural allies, especially in his first chamber music recording. "Chamber music is like you're playing in midfield, passing the ball everywhere," he told Gramophone magazine a few months ago. "It's about teamwork."
Indeed. But it's also about scale and balance and textural clarity, and while there are patches throughout the recording that suggest ample teamwork, there are many passages that make one wish Lang Lang had chosen something by Beethoven or Mozart or Haydn. One feels compelled to listen because this is his first chamber music recording, and in the end, you get very little chamber music. And a whole lot of Lang Lang.
It is possible to pull three famous musicians who don't work together into the same room and get a respectable, even thrilling performance of the Tchaikovsky trio. I still cherish a silly album memorializing an 85th anniversary concert held at Carnegie Hall in 1976, including a magnificent reading of the trio by Vladimir Horowitz, Isaac Stern and Mstislav Rostropovich. Teamwork is precisely the wrong word for the performance. It's more like a collective hallucination, which we're allowed to watch from the outside.
But Lang Lang and his mates don't get there. It is strangely fussy, this album, filled with misguided attempts to patch over the all too apparent seams of the music, strange tempo fluctuations, heightened dynamic extremes, and sustained fortissimo playing that loses character and impact. I keep thinking of that word, teamwork, and I wonder if it's become a pernicious term in the way people think about chamber music, a mindless reflection of the status "teams" have taken on in corporate culture.
Lang Lang has a very good team here. Maisky is fantastic throughout, and Repin, though he can be coarse, manages to project the violin line with enough force and presence that it isn't lost in the piano thickets. But I suspect that most people will buy this recording because they're Lang Lang fans, or interested in his development. And they won't be surprised to learn that even when taking new steps, Lang Lang hasn't strayed far from the comfort zone.
I can't say that for poor Lang Lang the vine, addled all day, and wishing, I'm sure, for something a little lighter, softer, and more delicate. Perhaps Bussy's first piano trio will do the trick.
Filed under Chamber Music, Music
Tagged as Carnegie Hall, chamber music, Deutsche Grammophone, Gramphone magazine, Isaac Stern, Lang Lang, Madame von Meck, Mischa Maisky, Mstislav Rostropovich, Tchaikovsky, Tchaikovsky Piano Trio in A minor, Vadim Repin, Vladimir Horowitz
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