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What's New In The Blackstone Valley
Happy New Year From The Heritage Corridor!
All of us at the Corridor, commissioners and staff, want to wish our friends, partners and volunteers, a very Happy New Year! This past year was full of excitement, much of it associated with an all-out effort to get a new National Park created. It almost made it in 2011. Although the park legislation was ultimately not included in the omnibus spending bill Congress passed in mid-December, that is not the end of it. Already, the sponsors of the legislation have vowed to continue the effort and succeed, however long it may take. So please stay engaged, and continue to share your views about a new park with the decision-makers! And don't forget to thank your Senators and Representatives for doing their best.
But, as important as the work related to a new park is, it should not keep us from recognizing all the work that still goes on, every day, throughout the Blackstone Valley: keeping historic sites and museums open even when times are tough and budgets keep shrinking; working with school kids and young adults to spread our story and develop new stewards; pulling out ever bigger tires from the river; still pushing for the WHOLE bike path to be completed; still pushing for a visitor center to be built in Worcester; and still getting more and more people out on the river, the bike path and the trails for some healthy outdoor recreation. We really do not just talk about history, we keep making it.
Thank you for all you do. We look forward to working together with you in 2012.
Posted by Blackstone River Valley National Heritage Corridor at 2:44 PM
Volunteers-In-Parks Recognized At Heritage Corridor Event
More than 60 volunteers and their guests gathered at The Pines in North Smithfield, RI recently where they were recognized for their contributions to the Heritage Corridor. Ranger Peter Coffin talked to the group about the role volunteers have played since the Corridor was established in 1986. "This place was built on volunteers 25 years ago and it will go forward with volunteers to the next 25 years." Ranger Chuck Arning added, "We couldn't do it without you. You are out there cleaning the river, talking to our visitors, and taking care of this important place day in and day out." Volunteer Coordinator Valerie Paul described the contribution of volunteers in dollars and cents. "You contributed the equivalent of more that $1 million dollars in volunteer labor last year. You are an amazing group of people."
Happy Birthday, Heritage Corridor!
The Heritage Corridor celebrated its 25th birthday in style recently with an old fashioned rally at the Corridor Commission offices in Woonsocket. A variety of speakers, led off by Congressman David Cicilline of RI, talked about the past and the future of the Blackstone Valley Corridor.
Participants celebrated with cake and mini flags sporting the Corridor logo. A new video about the Heritage Corridor was shown along with a slide show giving a retrospective look at the people and partners who have worked together over the last 25 years.
The Extraordinary Rendition Band rocked the house as they led attendees on a mini-parade around the Depot. The evening closed with a moving patriotic medley sung by local singer Dominique Doiran.
It was a great way to celebrate 25 years!
Check out the pictures on Facebook.
Important River Conference Coming Up
Blackstone River Revival Conference
Wednesday November 16
Northbridge, MA Town Hall and Alternatives Unlimited on the Mumford River
A major watershed-wide bi-state conference to return life to the Blackstone River Watershed. Come help identify next steps for river restoration, water quality improvements and increased recreation. Let's really make the Blackstone River ~ Clean by 2015!
This conference is appropriate for river advocates; local, state and federal agencies; and all who care about the river.
More information at zaptheblackstone.org.
Posted by Blackstone River Valley National Heritage Corridor at 9:42 AM
New Video Explores Heritage Corridor's 25 Year History
Don't Miss The Rally For The Valley!
Breaking News: Bills Introduced In House & Senate For A New Park
Senator Jack Reed, D-RI, introduced legislation on October 13 to create the John H. Chafee Blackstone River Valley National Historical Park. The bill is co-sponsored by Senator Sheldon Whitehouse, D-RI, Senator John Kerry, D-MA, and Senator Scott Brown, R-MA. Senator Reed's office made the announcement on Thursday. "This new national park would provide opportunities for work, opportunities for recreation, and it will be a way to forever memorialize the history of this unique national treasure," said Senator Reed.
A bill was also introduced in the House of Representatives on October 13. U.S. Representative David Cicilline (D-RI), along with co-sponsors Richard E. Neal (D-MA), James McGovern (D-MA), and James Langevin (D-RI), introduced legislation to create the John H. Chafee Blackstone River Valley National Historical Park.
"I am proud to introduce legislation that will create a new national park unit within the Blackstone River Valley, ensuring the protection and promotion of this vital historical, environmental, and educational resource – all while helping to promote our local economies," said Rep. Cicilline.
A copy of the press release from Senator Reed's office may be found here. A copy of the release from Representative Cicilline's office may be found here.
'Valley Boys' pull biggest, baddest tire from Lonsdale Marsh:
By ETHAN SHOREY, Valley Breeze Staff Writer (Click on the link below for the full article)
Frank Matta, left, and John Marsland, of the Blackstone River Watershed Council/Friends of the Blackstone, show off the 600-pound aviation tire they helped pull from the Lonsdale Marsh last month. The tire is the last one known to be in the marsh.
CUMBERLAND - The Valley Boys saved their most stubborn haul for last. At 600 pounds, the passenger jet tire was such a beast it had to be fished out by six men and a loader. It is thought that the giant aviation tire had been lodged for more than 30 years in the Lonsdale Marsh, a once-polluted zone first targeted for cleanup all the way back in 1972. Several of those who helped hoist it out this summer recalled seeing it as children... FULL STORY
Shorey, E. (2011, August 3)). 'Valley Boys' pull biggest, baddest tire from Lonsdale Marsh. Valley Breeze. Retrieved August 10, 2011, from http://breezepapers.com/2011/08/03/cl/valley-boys-pull-biggest-baddest-tire-from-lonsdale-marsh
Posted by Blackstone River Valley National Heritage Corridor at 10:06 AM
What A Wonderful Time Of Year To Be In the Valley!
October and November are busy months here in the Blackstone Valley. Whether you are looking for something to do with children, a visit to a historic site, a conference relating to the Valley, or a night out, the Heritage Corridor and our partners have a lot in store for you this fall. Check out our event listing for festivals, conferences, tours, walks, benefit nights, and so much more!
Of special note this season are the following conferences related to topics of importance to us.
Bi-State Blackstone Bikeway Summit
Wednesday, October 26, 9:30am to Noon
Corridor Commission Offices, Woonsocket, RI
For more information or to RSVP, contact Jonathan O'Rourke at Jonathan_O'Rourke@nps.gov or by phone at 401-762-0250 ext. 32.
Sponsored by Blackstone River Valley National Heritage Corridor
Sustainable Tourism Conference - Why The National Park Service Is Your New Tourism Partner
Tuesday, October 18, 8:00am
Slater Mill
Sponsored by Sustainable Tourism Lab
http://www.sustainabletourismlab.com/
Bi-State Conference - Blackstone River Revival
Wednesday, November 16, 3:00pm
Northbridge Town Hall and Alternatives Unlimited
Open to all. RSVP to peter.coffin@zaptheblackstone.com
Sponsored by the Blackstone River Coalition
http://www.zaptheblackstone.org/
Unibank Greenway Challenge Completes its 11th Season
On September 24th, over 400 local athletes once again ran, paddled and cycled through one of the most beautiful and historic sections of New England - the Blackstone River Valley - for the UniBank Blackstone River Valley Greenway Challenge. The Challenge promotes the recreational quality of life in the Blackstone River Valley while celebrating cultural and historic gems along the race route. The Corridor, and its partners, host the UniBank Greenway Challenge annually to help support clean water campaigns, hiking and biking trails, wildlife projects, environmental education and development of waterway access throughout the Valley.
Each year, the Finish Line Celebration provides an opportunity of athletes, volunteers, and spectators alike to share food, music, photos, and a lot of stories about the day's adventures. The Celebration started at noon, with about 1000 participants, onlookers, and volunteers gathered to celebrate.
Blackstone River Valley National Heritage Corridor
Visit Our Web Site
Volunteers-In-Parks Recognized At Heritage Corrido...
New Video Explores Heritage Corridor's 25 Year His...
Breaking News: Bills Introduced In House & Senate ...
'Valley Boys' pull biggest, baddest tire from Lons...
What A Wonderful Time Of Year To Be In the Valley!...
Unibank Greenway Challenge Completes its 11th Seas...
John H. Chafee Blackstone River Valley National Heritage Corridor. Picture Window theme. Powered by Blogger.


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The effect of stocking density on survival and aggressive behavior in juvenile dolphin coryphaena hippurus
Kim, B.; Ostrowski, A.C.; Brownell, C.
Journal of the World Aquaculture Society 22(3): 33A
Effect of fish meal quality on biological performance of juvenile dolphin, Coryphaena hippurus. Journal of Applied Aquaculture 6(2): 39-56, 1996
Studies on fishing conditions of the dolphin, Coryphaena hippurus L., in the western region of the Japan Sea. VIII. Comparison of juvenile fish fauna in the sea and in the stomachs of dolphin. Bulletin of the Japanese Society of Scientific Fisheries, 29: 507-513, 1963
Floriceps saccatus plerocerci (Trypanorhyncha, Lacistorhynchidae) as parasites of dolphin fish (Coryphaena hippurus L.) and pompano dolphin (Coryphaena equiselis L.) in western Mediterranean and eastern Atlantic waters. Ecological and biological aspects. Journal of Parasitology 84(5): 1035-1039, 1998
Notes on the coloration and behavior of the common dolphin, Coryphaena hippurus. Pacific Sci 20(4): 515-517, 1966
Spawning behavior of the dolphin, Coryphaena hippurus, in the aquarium and its eggs and larvae. Japanese Journal of Ichthyology, 244: 290-294, 1978
Influences of calcium and magnesium ions on embryo survival, percentage hatching and larval survival of dolphin fish Coryphaena hippurus L. Journal of the World Mariculture Society, 16: 95-100, 1985
Physiological responses to hyposaline exposure and handling and confinement stress in juvenile dolphin (mahimahi: Coryphaena hippurus). Canadian Journal of Fisheries and Aquatic Sciences. August; 538: 1736-1740, 1996
Growth of juvenile dolphin fish, Coryphaena hippurus, on test diets differing in fresh and prepared components. Journal of the World Mariculture Society, 15: 219-221, 1984
Synopsis of the biological data on dolphin fishes coryphaena hippurus and coryphaena equiselis. NOAA (National Oceanic & Atmospheric Administration) Technical Report NMFS (National Marine Fisheries Service) Circular (443): 1-28, 1982
Development and structure of fins and fin supports in dolphin fishes coryphaena hippurus and coryphaena equiselis coryphaenidae. Fishery Bulletin (Washington D C) 78(2): 277-312, 1980
Survival and bioconversion of n-3 fatty acids during early development of dolphin (Coryphaena hippurus) larvae fed oil-enriched rotifers. Aquaculture, 893-4: 273-285, 1990
Studies on fishing conditions of dolphin, Coryphaena hippurus L, in the western region of the Sea of Japan III On food contents of the dolphin. Bull Japanese Soc Sci Fish 27(7): 625-629, 1961
Larval development, distribution, and abundance of common dolphin, Coryphaena hippurus, and pompano dolphin, C. equiselis (family Coryphaenidae), in the northern Gulf of Mexico. U S National Marine Fisheries Service Fishery Bulletin. April; 922: 275-291, 1994
The influence of spatial food distribution on agonistic behavior in juvenile mahimahi coryphaena hippurus. Journal of Applied Ichthyology 7(4): 253-256, 1991

redpajama_set_name: RedPajamaCommonCrawl


The emailing service confirmed it anticipates many more users could be affected than first thought after an employee account was accessed.
Email delivery service SendGrid confirmed more users than it first thought are affected by a security breach last month.
In a blog post, the company admitted one of its own employees' accounts was "compromised" by an attacker, which was used to gain access to several of its internal systems on three separate dates in February and March.
The systems contained usernames and email addresses of both SendGrid employees and customers, but said the passwords were salted and hashed -- a method of scrambling the data to prevent it from being readable to humans.
As the company does not store credit card data, the company said payment data was not taken.
Although the company said there was no forensic evidence to show any data was stolen, the company said it has begun a mass password reset and asked around 600 customers to generate new digital signatures, known as DKIMs.
The hack was first reported earlier this month when the company said a "Bitcoin-related client" was the target of a hack. The New York Times revealed it was used by Coinbase, a virtual currency exchange. The Coinbase account was used to send out phishing emails in bulk, which is said to have ensnared a SendGrid employee's account.
SendGrid's breach is limited compared to recent attacks on Target, Home Depot, or JP Morgan, the company. But it promised that it would improve security, including an "enhanced" two-factor authentication system.


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Strategic Goals
Objective & Core Values
The Philosophy of SYL University
The education system in Somalia has for a long time been not good due to the collapse of the government in 1991. A lot of property including the education infrastructure like the university buildings and other important education equipment were badly damaged. Also, many people were left miserable and homeless. Because of homelessness, people turned the few buildings that were spared during the war into their homes. SY L University was started in 2016 by a group of patriotic academicians from Somalia who felt that there must be an immediate solution to revive the education system in Somalia. The University was started with the main objective of imparting the necessary knowledge and skills to learners. The University started operating officially in May 15th, 2016.
SYL University Vision is to impart Universal knowledge to the learners through appropriate teaching and learning processes and also to be the leader in higher education, research, and services for Somali communities.
The University Mission is to prepare the learners to become academically excellent and professional in various disciplines and to produce competent scholars and leaders of higher quality education through professional teaching & research.
To provide efficient and excellent services to the learners and the community.
To promote academic excellence through scientific research and appropriate learning and teaching processes.
To develop a curriculum that is suitable for the learners as per ministry of education guidelines.
To impart universal knowledge to the learners and award them with certificates of education accordingly.
To ensure professionalism and discipline of learners while at or off the campus.
To create a conducive environment for personal development and scientific research.
SYL UNIVERSITY'S CORE VALUES
The University's core values are very important aspects. Therefore, every SYL University member MUST conduct him or herself in a manner that reflects these values. The main purpose of the core values is to instill discipline and professionalism in both the staff members and students at SYLU.
The following are the University's core values;
Leadership: Leadership skills are possessed by university leaders at all levels.
Excellence: The University ensures Excellency and efficiency at work.
Productivity: All the University staff members are focused on achieving the university goals and objectives.
Accountability: Accountability and responsibility are considered norms at SYL University.
Service: The University ensures quality and effectiveness in service delivery.
Equality: The University emphasizes equal rights and discrimination of any kind is highly condemned.
Peace: SYL University condemns any kind of violence or anything related to it. Therefore, the University makes sure that there is always a safe and secure atmosphere.
SYL university members believe that everybody is potentially able to achieve whatever he or she wants to provide that the person works hard with the guidance of ALLAH. Therefore, the University endeavors to assist learners to make their potential actualized through quality education with Islamic values.
SYL University has got more than 1250 students. The University ensures that every student receives the necessary services as required. This will enable them to become competent and responsible citizens in the future.
There are two categories of staff at SYL University; Teaching staff and Non-teaching staff. The non-teaching staff includes the University Vice-chancellor, Deans, Directors, and Officers, Registrar, Accountant, and secretaries while the teaching staff refers to all the University lecturers. The University has more than 25 lecturers. All the university lecturers are qualified, experienced, and professional.
SYL University owns land and buildings with the following equipment and facilities in place:
Beautiful Campus.
Well-equipped offices.
Internet and computer laboratories.
Well-equipped and suitable classrooms.
WPDeveloper 3 days ago
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SYL University will begin a one-year pharmacology diploma program. Pharmacology referes to the study of medications and how they...


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TSLA - Smaller EV Players Not To Be Underestimated
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June, 29 2021 08:31 AM
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EV stocks have been on a record rally as the new administration in the White House is on their side. Besides benefits for clean energy firms, there is increased spending on R&D for green initiatives, and technological advances within the industry, all of which are very good news for an EV future. According to a report by global consultancy McKinsey, global EV sales rose to above 2 million in 2019 and that was before the COVID-19 pandemic that only fueled the enthusiasm around an all-electric future with Tesla, Inc. (NASDAQ: TSLA) registering record rallies and surpassing Toyota Motor (NYSE: TM) to become the world's most valuable automaker. Its Chinese counterpart, NIO Inc. (NYSE: NIO), has also been posting record delivery numbers, it revealed it is looking to expand into new cities, that it will be debuting new EV models on the market soon, while also moving into the EV battery business.
However, start-ups aren't doing bad either. They are aiming to solve issues impeding the EV revolution to take full swing, aiming for exceptional quality of the products or services they offer and raising a lot of money as a result. Below are just a few examples.
The luxury EV
When it comes to EVs, luxury automakers are lagging their peers with legacy brands such as Jaguar, Audi, Bayerische Motoren Werke Aktiengesellschaft (OTC: BMWYY), and Mercedes Benz having to practically reinvent themselves for this new era ahead. Karma Automotive's reason to exist is to deliver luxury electric vehicles. With an assembly plant in California, it has managed to raise more than $100 million in funding so far. It has sold more than 500 of Revero vehicles and is in discussions for the development of an electric powered commercial delivery truck. We will let Karma do its job.
The affordable EV
The emerging electric vehicle maker Arrival (NASDAQ: ARVL) is a technology company that makes and sells electric vehicles that are priced the same as their fossil fuel counterparts. Considering that one of the greatest obstructions for wide EV adoption was their price, all those who deliver an affordable EV can only be greeted by consumers and investors alike.
Traditional cars about hardware, EVs are about software
Moving to European roads, Rimac Automobili is a Croatian car manufacturer that provides on full technology solutions for automotive companies, focusing on EV production. It has so far managed to raise more than $200 million. It is being supported by strong investors such as Porsche Ventures, Kia Motors, and Hyundai Motor Company.
The battery
One of the greatest disappointments of Tesla's most recent Battery Day was the lack of a battery porotype to support the hype of an announced revolutionary battery that will improve the range and power of Tesla's EVs. Well, StoreDot is a company that makes and sells technology related to lithium ion batteries and it has raised more than $130 million in funding so far. When it comes to EVs, it's all about the battery and the technology marketed by this company makes it easier to charge batteries faster which is a big deal.
Powering EVs with solar power
Adding solar power to the EV equation is the logical next step, and one that Worksport Ltd (OTC: WKSP) already made. This Canadian-based tonneau cover manufacturer is already known for its innovative and affordable offerings. But, its TerraVis solar fusion, along with its standalone TerraVis COR remote power generator and storage, its offerings have not only brought to the EV game to the next level but also allowed the company to tap into a wider market- more precisely, anyone who needs mobile power. TerraVis is currently being fine-tuned in the collaboration with Ontario Tech University for pre-launch by the end of this year.
A new pathway ahead
The EV industry has disrupted the auto sector at lighting speed. This year, we will get to see the world's first electric pickup, along with a ton of new models. In this race, bigger does not necessarily mean better. Although financing is a prerequisite as the costs involved are massive, at the end of the day, it's all about revolutionary and ground-breaking inventions that will shape an entirely new future that lies ahead.
This article is not a press release and is contributed by a verified independent journalist for IAMNewswire. It should not be construed as investment advice at any time please read the full disclosure . IAM Newswire does not hold any position in the mentioned companies. Press Releases – If you are looking for full Press release distribution contact: press@iamnewswire.com Contributors – IAM Newswire accepts pitches. If you're interested in becoming an IAM journalist contact: contributors@iamnewswire.com
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Bluefield can trace its origin to 1780 when John Davidson and Richard Bailey built a fort in this area.
In the 1880s coal was discovered in Pocahontas, Virginia. Later the Norfolk and Western Railway extended lines up East River from Glen Lyn, Virginia. The first carload of coal was delivered to Norfolk, Virginia, in 1883, from Higginbotham Summit.
In 1884, the name was shortened to Summit. A post office was established in 1886-1887, and the name was changed to Bluefield. Supposedly Mrs. Hattie Hannah is responsible for this name change because of the luxurious growth of chicory and bluegrass in the region. Bluefield was incorporated in 1889, and is the highest city in the state at 2,655 feet above sea level. Coal was the chief business here from the 1880s to the 1970s.
Bluefield's Building Boom
Bluefield's first building booms began in 1895. The 1920's period was one of the greatest booms in residential development. The second residential boom followed the Depression. Bluefield boomed again during World War II and the post-war era and reached its highest point in 1950.
Many of the stockholders and officers of the West Virginia Cole Realty Corporation made their residences in South Bluefield and here will be found many of the premier residential structures of the early 20th century.
Alex B. Mahood, an architect, contributed immensely to Bluefield's development. Mr. Mahood studied at the Ecole Des Beaux-Arts in Paris, France. Many of his residential works are in the South Bluefield area.
On September 29, 1992, Bluefield was notified that 250 residential homes were listed on the National Register of Historic Places by the United States Department of the Interior.
The four areas are Country Club Hill Historic District, Jefferson Street Historic District, South Bluefield Historic District, and the Upper Oakhurst Historic District. These four residential districts are in addition to the Downtown Historic District. Since that time, and with its later revitalization, the Bluefield Historical Society has sought to promote this area.
Bluefield WV 24701
info@bluefieldhistoricalsociety.org
Thank you for joining.
© 2020-2022 Bluefield Historical Society


What do you appreciate about this project?
What do you regret about what is happening?
What do you hope to be different?
With this habit in place, the more difficult questions that clarify the mission of the organization and map the alignment of services to that mission are easier. The most challenging evaluation is a reflection on impact. It takes time to understand impact, but a focus on such results leads to valuable learning that informs the next generation of experiments.


If you participate in sports, what you eat matters a great deal. Of course, what you eat matters a great deal even if you do not participate in sports. Those who do play sports, however, want to know what the best vegetables are to consume before and after physical activity.
When you cook vegetables, you are taking away a vast portion of the nutrients that are contained in the vegetables. So, regardless of the vegetables that you choose to consume, eat them raw as much as possible.
Some vegetables aren't as tasty raw, and depending on how they were grown, some aren't as healthy. If you will be eating raw vegetables, make sure that you are purchasing organic vegetables – those that were grown without the use of dangerous pesticides. Otherwise, you will need to cook these vegetables for safety purposes.
Often, those who participate in sports will purchase special drinks, such as those that are full of vegetables for better nutrition. While this isn't a bad idea, and you should do this, you should also realize that these drinks should never be used to replace vegetables that you eat, as opposed to those that you might drink.
Even though these drinks have vegetables, in pureed form, the process itself takes away some of the nutrients that are found in raw vegetables. Drink these beverages, but make sure that you are eating vegetables as well.
Aside from being raw, there are vegetables that are better than others – especially if you are playing sports. Avoid light colored vegetables, and go with the darker colored vegetables. Green vegetables are essential. This includes lettuce of all varieties, celery, peppers, and other green vegetables. Carrots are great as well. Potatoes and corn are good for you, depending on how they are prepared, but these are not necessarily the best veggies for sport.
The great thing about these vegetables is that they can be consumed before, during, or after a sporting event or practice. Just be careful about adding to these veggies. For example, dipping a stick of celery in Ranch Dressing is delicious, but not necessarily healthy. This doesn't take away from the celery, but it does add a lot of unnecessary fat and calories that you may want to avoid.


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Vendee Globe finish update
1430 Saturday, 10 February
Pencils are being sharpened and resharpened here at the Vendee Globe press office in Les Sables d'Olonne as the wait continues in the freezing cold and drizzle for the arrival of Michel Desjoyeaux, who barring last minute disaster will be first home in this epic singlehanded round the world marathon. Desjoyeaux's ETA was originally for early this morning and it is believed that the French skipper even put the brakes on a little to ensure that his arrival happened during daylight hours. Inevitably it has gone light since then and his ETA has been put back and put back. At present he is due to arrive here at 2000 local time – in the dark, much to the cameramen and photographer's frustration. His arrival must happen around then as after 2100 there will not be enough water to allowPRBand her sizeable 4m draft into Les Sables d'Olonne harbour.
In the meantime those keen on seeing the finish action should look at a new website – vizzavivendeeglobe . Set up by Vendee Globe sponsor and internet service provider Vizzavi, this site will be hosting regular live webcasts, directed by Yachting World's own racing correspondent Andrew Preece.
"And what of Ellen?" you ask. As the Kingfisher posse had dinner last night with many of the assembled British media Ellen called up to speak to her shore manager and protégé Mark Turner. Grabbing the phone for a few minutes Ellen told me that her main concern at the time was undertstandably whether the forestay onKingfisherwould hold up until the finish. The forestay broke on Wednesday night when the tang attaching it to the mast broke. The mast was saved by the inner forestay but there is no forward support for the topmast. The genoa forestay itself is currently being held up by the Vectran lashings between the head of the furled genoa and the mast, so no load can be placed on it. To take the load off the mast Ellen had been sailing with two reefs and Solent, but said in the conditions she had been going nowhere under this configuration. When we spoke to her she was taking a risk and was again sailing under full main and genniker.
Of particular concern is the culture shock Ellen will experience when she arrives (her ETA is either late tomorrow night, or more likely dawn on Monday). From spending more than three months at sea on her own to being thrust into the midst of a hungry pack of media will be really hard on her. All the major TV broadcasts in the UK have crews here and even the French press seems to be more interested in this extraordinary 24 year old English girl than they are in the race winner. It will be interesting to see if the culture shock Ellen experiences will in fact be that great. While she has been alone on board she has spent a lot of time on satellite telephone to Turner, her boyfriend, her parents and friends to the extent that her phone bill for the Vendee Globe will run to several '100,000s (fortunately the tab is being picked up by BT). The nature of Ellen's solitude where her mum can phone her up whileKingfisheris in the middle of a Southern Ocean gale and have a conversation as if she was just next door, is rather different from that of say Robin Knox-Johnston in the Golden Globe 32 years ago when the only means of communication was SSB radio and successful communication was in the hands of the ionosphere.
Ellen will undoubtedly be boosted by seeing her parents sometime tomorrow. Sir Peter Jay, the British ambassador in Paris has organised for a Royal Navy Sea King helicopter to pick up Ken and Avril MacArthur and go out in search forKingfisher


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#ifndef itkANNPriorityTreeSearch_h
#define itkANNPriorityTreeSearch_h

#include "itkBinaryANNTreeSearchBase.h"

namespace itk
{

/**
 * \class ANNPriorityTreeSearch
 *
 * \brief
 *
 *
 * \ingroup ANNwrap
 */

template <class TListSample>
class ITK_TEMPLATE_EXPORT ANNPriorityTreeSearch : public BinaryANNTreeSearchBase<TListSample>
{
public:
  ITK_DISALLOW_COPY_AND_MOVE(ANNPriorityTreeSearch);

  /** Standard itk. */
  using Self = ANNPriorityTreeSearch;
  using Superclass = BinaryANNTreeSearchBase<TListSample>;
  using Pointer = SmartPointer<Self>;
  using ConstPointer = SmartPointer<const Self>;

  /** New method for creating an object using a factory. */
  itkNewMacro(Self);

  /** ITK type info. */
  itkTypeMacro(ANNPriorityTreeSearch, BinaryANNTreeSearchBase);

  /** Typedef's from Superclass. */
  using typename Superclass::ListSampleType;
  using typename Superclass::BinaryTreeType;
  using typename Superclass::MeasurementVectorType;
  using typename Superclass::IndexArrayType;
  using typename Superclass::DistanceArrayType;

  using typename Superclass::ANNPointType;         // double *
  using typename Superclass::ANNIndexType;         // int
  using typename Superclass::ANNIndexArrayType;    // int *
  using typename Superclass::ANNDistanceType;      // double
  using typename Superclass::ANNDistanceArrayType; // double *

  using typename Superclass::BinaryANNTreeType;

  /** Typedefs for casting to kd tree. */
  using ANNkDTreeType = ANNkd_tree;
  using ANNPointSetType = ANNpointSet;

  /** Set and get the error bound eps. */
  itkSetClampMacro(ErrorBound, double, 0.0, 1e14);
  itkGetConstMacro(ErrorBound, double);

  /** Search the nearest neighbours of a query point qp. */
  void
  Search(const MeasurementVectorType & qp, IndexArrayType & ind, DistanceArrayType & dists) override;

  void
  SetBinaryTree(BinaryTreeType * tree) override;

protected:
  ANNPriorityTreeSearch();
  ~ANNPriorityTreeSearch() override = default;

  /** Member variables. */
  double          m_ErrorBound;
  ANNkDTreeType * m_BinaryTreeAskDTree;
};

} // end namespace itk

#ifndef ITK_MANUAL_INSTANTIATION
#  include "itkANNPriorityTreeSearch.hxx"
#endif

#endif // end #ifndef itkANNPriorityTreeSearch_h

redpajama_set_name: RedPajamaGithub


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ABSTRACT Obesity is a major health problem around the world. Saudi Arabia is a nation where obesity is increasing at an alarming rate. Mobile apps could help obese individuals but they need to be usable and personalized to be adopted by those users. This paper aims at testing the usability of a fitness mobile app" Aded Surat", an app in Arabic language. This paper presents an extensive literature review on the attributes that improve the usability of fitness apps. Then, it explains our methodology and our set up of a trial to test the usability of Aded Surat app that is popular in Saudi Arabia. The usability attributes tested are effectiveness, efficiency, satisfaction, memorability, errors, learnability and cognitive load. The trial is done in collaboration with participants from the Armed Forces Hospitals - Taif Region in Saudi Arabia. The results highlight that the app failed to meet with the usability attributes.
How to improve mobile fitness apps usability to help obese users to reach their health and fitness goals?
This paper presents our method and results of the usability of "Aded Surat�, an Arabic-language fitness mobile apps. Seven usability attributes: effectiveness, efficiency, satisfaction, memorability, errors, learnability and cognitive load were tested collaboration with the Armed Forces Hospitals in the Taif Region of Saudi Arabia, which provided the participants. All participants are people suffering from obesity and are motivated to lose weight.
2. RELATED WORK 2.1. Fitness Apps In Saudi Arabia Alnasser et al. examined 65 Arabic fitness apps to determine the level of adherence for each app to the 13 evidence-informed practices . The Centers for Disease Control and Prevention, National Institutes of Health, the Food and Drug Administration and the US Department of Agriculture determined these 13 evidence-informed practices : 1-BMI is determined and explained; 2-fruits and vegetables are recommended and tracked for daily servings; 3-Physical activities are recommended for daily use; 4-recommendations for drinking water and tracking the daily consumption; 5-recording and tracking the daily consumption of food; 6- a calorie tracker is provided for maintaining calorie balance; 7-advising goal-setting to lose 1 to 2 lb per week; 8portion control information is provided; 9-Advising users about ways to read and understand nutrition labels; 10- a weight-tracking feature should be provided; 11-physical activities are tracked for daily use; 12-recommending and providing a tool for planning meals; 13-providing a social network among users or allowing users to share via popular social networks, for example Facebook, Twitter, Instagram or Snapchat.
The result of this study stated that there is no app that has more than six evidence-informed practices and only nine apps had between four to six. Therefore, it is clear that there is no Arabic fitness app which successfully adheres to all 13 practices and there is an essential need to address this issue.
2.2. App Selection Process All of the apps in Google Play or Apple Store are not free. Fitness apps can be divided into three levels: • At Level 1, apps are free to download but they do not have all the features. The user needs to subscribe and make payments to access extra features; • At Level 2, the apps are not completely free. The user must pay to download the apps; • In Level 3 the apps are completely free to be downloaded. We selected a fitness app to examine its usability and identify how the features in the app affect UX. The app has a high level of adherence to the 13 evidence-informed practices. The app selected is popular in Saudi Arabia and has high ratings on both Google Play and Apple Store so we expect this app to have special features and to be usable. The study of the app will help us determine how the usability in fitness apps can be increased. The app selected is free so that the participants in the usability testing can access them without cost to themselves. Aded Surat: This app has nine evidence-informed practices out of 13 and has more than 3500 android users. According to Apple store it was 'the best health and fitness app' for 2014 and 2015 . It is also compatible for integration with the Health app on the iPhone. On both Google Play and the Apple Store, this app has a rating of more than 4.5. It is free in both stores. It also has one of largest databases of Arab and local food; it is updated daily. It is a very popular Arabic app for monitoring one's consumption of calories [35-37].
2.3. Usability Usability is considered one of the main factors that define the success of a smartphone . Usability can be defined as a multidimensional characteristic of any product. International Standards Organization (ISO) standard 9241-11 gives the meaning of usability as the "extent to which a product can be used by specified users to achieve specified goals with effectiveness, efficiency and satisfaction in a specified context of use" [39-40]. This definition of usability has been accepted widely . In 2011 it was replaced by ISO/IEC 25010. This form includes a model of software quality that portrays usability as the degree to which a satisfied user can efficiently and effectively attain certain goals under specific conditions. The term UX is used extensively in contrast to usability. The two terms are used interchangeably. However, UX has a much broader meaning than the term usability . It can say that usability is more concerned with how easy the product and display features are to use. UX includes the user and the product's complete interaction as well as the thoughts, feelings and perceptions that are the results of this interaction .
traditional models of usability have been challenged and altered by various researchers. Below we discuss some of the usability models and this will show how the perception of usability has changed over time. 2.4.1. Eason Usability Model One of the very first traditional models of usability was proposed by Ken Eason in 1984. According to Eason, usability is an interaction between three variables: task, system and user, which feed into the user's response to each task episode . Over the course of a number of task episodes, a pattern of response develops, which indicates more or less usability. In the figure below, I can see that the main independent variable is the system. The system is defined in terms of the functions it can perform. The user characteristics show how well the user can use the system. Task characteristics show how easily and regularly it can be performed by the user. Then these three variables decide the usability depending on the reaction of the user. A positive outcome will mean continued user learning .
Table 1. Comparison between Nielsen's and Dix's model.
Dix et al. expanded upon the factors in some of the attributes that can affect the usability of the product. However, it can be argued that some of the factors are inherently included in each attribute's definition .
it easy to determine control and their effects and makes it easy to determine the relationship between system state and what is visible. Feedback: A good design can enhance the usability by providing the user with continuous feedback regarding results of their actions.
2.4.4. Shneiderman And Plaisant Usability Model Shneiderman and Plaisant's model of usability is influenced by Nielsen and the ISO. Their model to a great extent combines and complements these two previous studies . Time taken to learn and speed of performance can be considered part of efficiency in the ISO definition. Time to learn in the Nielsen model can be compared to retention over time. The rate of errors is similar to number and severity of errors. Rate of errors impacts upon the attribute of efficiency in Nielsen and ISO. Subjective satisfaction is similar to the attribute of satisfaction in Nielsen and the ISO .
2.4.5. Yeh Usability Model Yeh  believed in creating a design so that it provides ease, efficiency and enjoyment to enhance the usability of the product. In turn, this makes the product more interactive to use. It is referred to as '3e indicators'.
Easy: This is the ability of the system to reduce four particular elements, which are physical work, memory work, unnecessary work, and visual work. Enjoyable: This is the ability of the system to bring physiological, ideological, sociological or psychological enjoyment. Effective: The system should help the user in successfully achieving goals and completing tasks.
2.4.6. Wang And Huang Usability Model Wang and Huang's  study focused on describing usability principles and interface design. They believed that the previous models of usability could be summarised into four principles; these include all the usability attributes defined by Nielsen , Norman  and Yeh . Their research outlined four principles of usability and sixteen interface attributes. They used these attributes to conduct usability testing and a questionnaire.
an app has less errors, it means that it is effective because the user can perform more tasks in less time without repeating the tasks with errors. Similarly, if an app has better learnability, it helps the user undertake more tasks accurately so it is more effective. The user therefore becomes more efficient in their completion of these tasks. Any of the above features, improve usability and user satisfaction. This is the reason that usability metrics usually include effectiveness, efficiency and satisfaction as the important features for improving usability . 3.1.1. Usability Metric For Effectiveness Effectiveness can be measured using the completion rate of tasks. However, another measurement that can be used is the number of mistakes that users make when trying to finish a task. Effectiveness can therefore be defined as a percentage by utilising the simple equation represented below .
3.1.2. Usability Metric for Efficiency Efficiency is used as a tool to measure the time taken to finish a task. It is usually the time taken by participants to complete a task. Efficiency can be calculated using two methods: Overall Relative Efficiency and Time-Based Efficiency .
R: number of users N: number of tasks. nij: result for task (i) by user (j). if the task is completed successfully, then nij = 1, otherwise nij = 0. tij = time spent by user "j" to complete task "i". If the user does not complete the task successfully, then the time will be measured until the moment the user gave up from the task.
3.1.3. Usability Metric For Satisfaction Users' satisfaction can be determined through standardized questionnaires that measure s satisfaction. These can be dispensed after each task or following the usability testing session. Once the user attempts a task, they are given a questionnaire to measure the difficulty of task and the task level satisfaction. Post-task questions can take various forms: ASQ, Subjective Mental Effort Questionnaire (SMEQ), Single Ease Question (SEQ), Usability Magnitude Estimation (UME) etc. From the above list, we will use SEQ as recommended by Sauro . SEQ has the advantage in that it is brief and simple to answer as well as being easy for the experimenter to conduct and then tally the results. The SEQ in this case is "Overall, how easy or difficult did you find this task?". This SEQ has a rating scale of 7 points where 1 is very easy and 7 is very difficult. The level of satisfaction is found via a formalized questionnaire for users to gain an overall idea of how easy the app is to use. There are different types of questionnaires available however the choice depends on the budget as well as the degree of significance placed upon the user's perceived level of satisfaction as a factor of the overall project .
Mental demand: To what extent did you need to perform mental and perceptual activities (such as thinking and calculating)? Physical demand: To what extent did you need to perform physical activities (such as pushing and pulling) Temporal demand: To what extent did you feel a time pressure while performing tasks? Effort: How hard did you have to work hard (mentally and physically) to perform tasks? Performance: How satisfied are you with your performance? Frustration level: How stressed or annoyed did you feel while performing these tasks?
Introduction: In the first phase, both participants and the examiner introduced themselves. The purpose of the introduction phase was to establish a comfortable interaction between the examiner and participants. Warm-up: In this phase, participants were asked to download the app "Aded Surat" and to fill out a brief questionnaire that aimed to collect participants' information such as gender and age. Deep focus: During this phase, the examiner gave the users a list of the 14 tasks. The participants used the app with the focus being on what it was doing; how it worked and how the app could be used. The examiner encouraged the participants to think aloud while they were performing the tasks. Moreover, when participants finished a task, they were asked to rate it in an SEQ questionnaire. Retrospective: In the penultimate phase, the examiner explained the NASA-TLX questionnaire and asked participants to fill it out. Wrap up: In the final phase, the examiner thanked the participants and answered any enquiries.
to measure satisfaction. The rating for each user was calculated and then divided by 14 to determine the average satisfaction value for each user. We then examined the data from the NASA-TLX questionnaire and applied the roles to determine the total user score for the cognitive load . Table 2. Participants' information.
Twenty-six participants, thirteen females and thirteen males, were part of the usability of Aded Surat app. Their information is presented in Table 2.
Figure 7 describes each user's effectiveness performance over the course of the three sessions. Out of the 26 participants, only six participants, who are user 4, user 6, user 16, user 21, user 25 and user 26, showed positive progress across sessions and yet they differed in their pattern. While user 4, user 21 and user 26 had the pattern of keep improving over the three sessions, user 6, user 16 and user 25 showed a pattern of overall improvement across the three sessions. Whilst on one hand, user 4, user 21 and user 26 had the value of 78.57%, 50% and 50% respectively in session 1, the value then increased to 85.71%, 64.28% and 57.14% respectively in session 2 and then did so again to 100%, 71.42% and 71.42% respectively in session 3. On the other hand, user 6 had the value of 92.85% in session 1, but this decreased to 85.71% in session 2 and then increased to 100% in session 3. User 16 had the same value in both session 1 and session 2 at 85.71% but this then increased to 100% in session 3. User 25 had the value of 64.28% in session 1 and then increased to 71.42 % in both session 2 and session3. However, five other participants, who are user 8, user 9, user 10, user 12 and user 22, had the same value over the three sessions. While user 8 and user 9 had the value of 92.85%, user 10, user 12 and user 22 had the value of 85.71%. Six participants, identified as user 2, user 3, user 17, user 18, user 19 and user 24, had the same value in session 1 and 3. While user 2's, user 3's and user 19's value decreased in session 2 compared to their value in session 1 and session 3, user 17's, user 18's and user 24's value increased in session 2 compared to their value in session 1 and session 3. In contrast, nine participants, who are user 1, user 5, user 7, user 11, user 13, user 14, user 15, user 20 and user 23, showed negative progress across sessions. Their effectiveness decreased over the three sessions. User 7 had the highest percentage of value each time. In session 1, it is 100% and remained constant in session 2 and yet it decreased in session 3 to 92.85%. Moreover, User 1 showed the same pattern though the value was lower at 71.42% in session 3.
Figure 8 shows the effectiveness performance average, which decreased over each session. In session 1 it was 82.86%, then it fell to 81.86% and finally in session 3, it reached to 74.99%.
Figure 9 demonstrates overall relative efficiency for tasks for the three sessions. In session 1, among the 14 tasks, 3 tasks scored 100% whereas in session 2 and session 3 it was 4 and 0 respectively. Only in tasks 2, 4, 7 and 10 did the overall relative efficiency percentage improved over the three sessions. However, all the other tasks dramatically decreased between the first and final sessions.
Figure 11 states time-based efficiency for tasks among the sessions. Task 4 had the highest timebased efficiency score among tasks. In sessions 1, 2 and 3 it was 13.35 goals/sec, 26.8 goals/sec, which is the highest value for a task in all sessions, and 18.12 goals/sec respectively. Task 8 had the second highest time-based efficiency score followed by task 7 and task 13. On the other hand, task 1 got the lowest time-based efficiency followed by task 2 and task 5.
Figure 12 shows the time-based efficiency average, which fluctuated across sessions. In session 1 it was 3.3 goals/sec, then it increased to 6.03 goals/sec and finally in the session 3 it decreased to 4.7 goals/sec.
Figure 13 shows each user's average satisfaction score for all tasks. User 7 had the highest score at 3.85, followed by user 10 at 3.71 and then both user 5 and user 14 scored 3.35. However, User 23, user 9 and user 3 had the lowest score at 1.21, 1.28 and 1.64 respectively.
Figure 14 shows each user's rating for each subscale in the cognitive load. User 11's cognitive loading is the most consistent. Scores are 5% for all the six subscales. User 7's cognitive loading is the second most consistent. Scores lie between physical demand, performance, effort and frustration at (5%) to mental and temporal demand (10%). However, between user 13, user 17 and user 18 the score gap is too high. Mental demand and effort scored the highest value amongst all the subscales. On the other hand, physical demand and performance scored the lowest values.
Figure 16 shows the number of errors made by each user. User 7 had the lowest number of errors with just one in session 3. User 6, user 8, user 9 and user 20 had the second lowest number of errors with three errors over the three sessions. User 1, user 3 and user 16 had the third lowest number of errors with four errors over the three sessions. However, User 2 and user 15 had the highest number of errors at 19 over the three sessions.
Figure 17 demonstrates the total number of errors made by all users, which increased over each session. In session 1 it was 63, then it slightly increased to 66 and finally in the third session, it sharply increased to 91.
Despite the positive increase in the overall score for time-based efficiency between session 1 and session 3, the percentage score for user's effectiveness and overall relative efficiency decreased over time. Moreover, the number of errors increased from the first session to the second session and did so again from the second to third sessions. As a result of this, the app had a negative association with both learnability and memorability attributes. Furthermore, several participants scored a high percentage in the satisfaction questionnaire, which is negative as a high score means it was more difficult and out of the 26 participants, no one rated the whole task as very easy and scoured 1 as an average. Besides this, overall cognitive load score was high as the lowest percentage scored by a participant was 14.33%, which means that several participants were not able to perform tasks correctly while doing other activities; for example, speaking to examiners. The five usability attributes (effectiveness, efficiency, learnability, memorability and errors) did not improve over time. Moreover, both satisfaction and cognitive load scored high percentages because the majority of participants found the app difficult to use. Therefore, the results state that Aded Surat app has a low level of usability, which is expected due to the fact that it was designed and developed without considering usability attributes and factors. It is recommended that conducting a qualitative study to determine the reasons and factors that negatively affect the level of usability of the Aded Surat app. The qualitative study will also consider the importance of social and cultural norms and how they can be applied to improve the usability of the app. A specific usability guideline for fitness mobile apps will then be created, which will help to develop a fitness app that is specially designed for obese individuals in Saudi Arabia.
5. CONCLUSION The primary purpose of this paper has been to examine the usability for an Arabic fitness mobile app "Aded Surat�. This paper has highlighted the attributes that are considered to be a crucial for improving the usability of fitness mobile apps through presenting an extensive literature review. The paper has presented the methodology and the procedures for testing the Aded Surat app. Seven usability attributes, (effectiveness, efficiency, satisfaction, memorability, errors, learnability and cognitive load) were tested. The trial for the test was done in collaboration with the Armed Forces Hospitals - Taif Region in Saudi Arabia, which provides the candidates. The result from this trail stat was that Aded Surat app failed to meet with the usability attributes and consequently participants found it difficult to use. Future work will include performing a qualitative study for the app to determine how to improve the level of usability and then create usability guidelines for fitness mobile apps. Based on these guidelines, an app that is specifically designed for obese individuals in Saudi Arabia will be developed. Obesity is a major issue for health departments all over the world. Saudi Arabia is a country where the obesity has reached an alarming rate of 35.5% of the population. Better app usability would help keep these individuals motivated to make necessary lifestyle changes.


text:
Common Limitation Period Pitfalls and How to Avoid Them
Posted April 2, 2019 by Jordan Nichols
It is one of a lawyer's worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous.
There are numerous "pitfalls" that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others can trip up even the most skilled and careful of lawyers.
The following is an overview of some of the more common limitation period pitfalls that lawyers encounter and some tips on how to avoid these pitfalls (Download a PDF of this article). Some of these pitfalls should be fairly obvious (but still need to be mentioned) whereas others may not be so obvious. While this article is primarily intended for litigators, some of the pitfalls that are discussed can be encountered by non-litigators.
a) Overlooking Less Common Limitation Periods
When considering that most claims are subject to the 2 year limitation period set out in the Limitations Act, 2002, lawyers can become overly focused on this 2 year limitation period and can lose track of other potentially relevant limitation periods.
While the Limitations Act, 2002 applies to most Ontario causes of action, it is but one of over 40 Ontario statutes that impose limitation periods. Most of these statutes (and the applicable provisions with these statutes are listed in the schedule to the Limitations Act, 2002. Litigators should familiarize themselves with this schedule. Significantly, the schedule does not include limitation periods imposed pursuant to federal statutes and also does not include limitation periods arising from the statutes that are referred to in section 2(1) of the Limitations Act, 2002.
Some of the more frequently overlooked (and therefore dangerous) limitation periods include: i) the limitation period set out in section 38(3) of the Trustee Act, which applies to certain claims brought by or against the estate of a deceased person; ii) the 6 month limitation period for dependent's relief claims that is set out in section 61 of the Succession Law Reform Act; and iii) the one year limitation period set out in section 259.1 of the Insurance Act, which applies to "a proceeding against an insurer under a contract in respect of loss or damage to an automobile or its contents".
Lawyers are also now starting to miss the 15 year ultimate limitation period that is set out in section 15 of the Limitations Act, 2002. This limitation period has only recently become an issue since the earliest date it could expire was January 1, 2019. So far, the cases in which the ultimate limitation period has potentially expired seem to mainly involve claims against professionals (presumably since claims against professionals can sometimes take many years to discover).
Lawyers also need to watch out for limitation periods imposed by contracts. Such limitation periods tend to be fairly prevalent in standard form contracts including insurance policies and retainer agreements used by some professional firms (ie: large accounting firms). Contractually imposed limitation periods are also common in arbitration agreements.
b) Inappropriately relying on discoverability
It can be dangerous for lawyers to rely on discoverability when determining when to commence litigation. Discoverability is a deceptively complicated concept that is not always treated consistently by the courts. There are often multiple valid arguments that can be made regarding when a claim was discovered or ought to have been discovered, and not all of these arguments may be immediately apparent. Moreover, lawyers may not always have a good enough understanding of the facts to be able to properly assess discoverability.
Significantly, there are some limitation periods that are not subject to discoverability. Two of the most notable examples of this are: a) the 15 year ultimate limitation under the Limitations Act, 2002; and b) section 38(3) of the Trustee Act, which runs from the date of death of the relevant deceased person, regardless of discoverability. Discoverability may also not apply to some contractually imposed limitation periods, depending on how they are worded.
It is not always clear whether a particular limitation period is subject to discoverability. If a limitation period provision provides that the limitation period starts running when the cause of action or damages occurred, or specifically refers to discoverability, then discoverability may well apply whereas if the provision provides that the limitation period starts to run at some other point such as the date of a death, discoverability may not apply.
Being that discoverability is a complicated concept, and that some limitation periods are not subject to discoverability, the safest course of action is to issue lawsuits early enough that there is no need to rely on discoverability.
c) Assuming that the limitation period for a wrongful dismissal claim starts running as of the date that the employment ended
In Jones v. Friedman, the Ontario Court of Appeal considered the limitation period for wrongful dismissal claims. This case involved an employee who had been notified on December 12, 1994 that his employment would be terminated as of January 31, 1995. The Court of Appeal held that the limitation period started to run when the employee received the notice of termination (December 12, 1994) and not as of the date that the employee's employment ended (January 31, 1995).
Jones v. Friedman has tripped up many lawyers, as some lawyers assume that the limitation period does not start to run until the effective date of the termination rather than on the date that notice of termination was given. Fortunately, this problematic assumption may not always be fatal. Rather, Jones (which was decided under the former Limitations Act) may be distinguishable in some cases in light of Webster v. Almore Trading & Manufacturing Co, where Justice Pitt held:
Wrongful dismissal, in my view, raises a particularly difficult issue in the limitation context since it is not a dismissal per se that is actionable but rather dismissal without reasonable notice or salary in lieu of such notice, that is actionable. Accordingly, the limitation period for an action for wrongful dismissal does not necessarily run from the date of actual dismissal. It is activated when the cause of action is discovered – that is, the date that the terminated employee knew or ought to have known that he was discharged without cause and without notice or pay in lieu of notice and that a proceeding would be an appropriate way to get redress. The date of discovery may be later than the date of dismissal.
The decision Webster was referred to approvingly in Ng v. Bank of Montreal, where Justice D.M. Brown held:
In wrongful dismissal claims the cause of action usually arises when the contract was breached – i.e. when the employer dismissed the employee without reasonable notice: Jones v. Friedman, 2006 CanLII 580 (ON CA), 2006 CanLII 580 (ON C.A.), paras. 3 and 4. Facts unique to a case may call into question that general principle and point to a later date as the one on which the claim was discovered: Webster v. Almore Trading & Manufacturing Company Ltd., 2010 ONSC 3854 (CanLII).
Accordingly, there is at least an argument that the limitation period for wrongful dismissal claims may not start to run until the employee discovers or ought to have discovered that he or she had not received adequate notice of termination or pay in lieu of notice. In most cases, the employee would arguably need to consult with a lawyer to be able to discover this.
Being that the law regarding limitation periods for wrongful dismissal claims is unsettled, lawyers should of course ensure that wrongful dismissal claims are brought within two years of notice of termination. Lawyers should not put themselves into a position in which they must attempt to rely on the Webster and Ng decisions if this can be avoided.
d) Assuming that the limitation period for claims against insurers runs from the date that the insurer denied coverage
Lawyers sometimes assume that the limitation period for claims against insurers for coverage begins to run when the insurer clearly denies coverage. Unfortunately, this can be a dangerous assumption as the relevant case law is conflicting. On one hand, the Ontario Court of Appeal's decision in Kassburg v. Sun Life Assurance Co. of Canada, supports the proposition that the limitation period for a claim for coverage against an insurer does not start to run until the insurer clearly denies coverage. On the other hand, the Court of Appeal's decisions in Schmitz v. Lombard General Insurance Company of Canada and Nasr Hospitality Services Inc. v. Intact Insurance support the proposition that the limitation period starts to run the day after the insured requests coverage.
Notably, in Kassburg, which involved a claim for long term disability, the court was not specifically asked to decide whether the limitation period started to run when the claim was clearly denied (even the defendant insurer seemed to accept that it ran from the date of the denial). Rather, the court was asked, in the context of a motion for summary judgment, to consider whether the insurer's denial letter constituted a clear denial or whether the limitation period only began to run after the insurer's internal appeal procedure was exhausted. The motions judge in Kassburg found that the latter was the case. On appeal by the insurer, the Court of Appeal found that it was open to the motions judge to make this finding and dismissed the appeal.
It is significant that the decision in Kassburg makes no reference to the earlier decision in Schmitz. Moreover, the decision in Nasr makes no reference to the earlier decision in Kassburg. It is also significant that while the majority in Nasr held that the limitation period ran from when coverage was requested, Justice Feldman delivered a strong dissent.
e) Failing to warn about the limitation period in non-retainer situations or where a client fails to provide timely instructions to commence litigation
Can lawyers have liability exposure to potential clients that they do not end up acting for? There is at least a risk that this can happen if a lawyer (or the lawyer's firm) is in communication with the potential client but fails to warn the potential client about an applicable limitation period.
In order to protect against possible liability exposure to non-clients, a lawyer or law firm should take the following steps in writing (and ideally also verbally) any time they consult with potential clients but have not been retained: a) confirm that they have not been retained; b) warn that the potential client's claim is subject to a limitation period (and a notice period, if applicable) and that it is imperative that any lawsuit be commenced prior to the expiry of the limitation period; c) advise the potential client that the lawyer/firm is not in a position to advise as to when the limitation period expires (alternatively, lawyers can advise the potential client of when the limitation likely expires, but it would be prudent to also indicate that the potential client should not rely on this as the matter has not been fully assessed); d) advise that in light of the limitation period, the client should consult with alternative counsel without delay if the client is still interested in pursuing litigation; and e) confirm that the client was provided with a verbal warning regarding the limitation period in addition to the written warning (if applicable).
Similarly, it is prudent for lawyers to warn existing clients in writing (and ideally also verbally) about limitation periods where: a) the client has a potential claim against a third party but has failed to provide timely instructions to commence litigation; or b) the lawyer's retainer ends before the client's lawsuit is commenced. Such a warning should ideally be given even if the lawyer believes that the client's potential lawsuit lacks merit and is therefore not worth pursuing.
Written warnings regarding limitation periods should ideally be delivered by hand or sent using a trackable delivery method such as registered mail or courier. Clients and potential clients can easily deny having received warnings sent by regular mail.
It should be noted that a failure to warn clients and potential clients in the above-noted situations may not necessarily constitute a breach of the applicable standard of care. However, even if it does not result in a breach of the standard of care, failure to take these steps could still result in a claim by the client or potential client against the lawyer.
f) Failing to warn about the limitation period for related claims
Clients often have more than one potential claim arising from the same set of facts. For example, a client who is involved in a motor vehicle accident may have, among other things, a resulting accident benefits claim, tort claim, road authority claim, disability claim or even an employment law claim. While lawyers may limit their retainers to only some of a client's potential claims, lawyers who do this could still have an obligation to alert the client to the fact that the other claims exist and to warn that such claims are subject to limitation periods. Accordingly, lawyers should give thought to what potential claims a client may have beyond the claims that they are being retained to handle and should advise the client in writing of these potential claims, the fact that the client will need to retain other counsel to pursue them, and the fact that the claims are subject to a limitation period (and a notice period, if applicable).
g) Failing to be alert to the limitation period while attempting to negotiate a settlement
Lawyers sometimes overlook limitation periods while settlement discussions are taking place. This mistake is sometimes made by non-litigators in circumstances in which the non-litigator tries to resolve a dispute that unexpectedly arose out of a non-litigation retainer without seeking the assistance of litigation counsel.
There is authority for the proposition that settlement discussions do not generally stop the limitation period clock from running except where: a) the parties had agreed to have a neutral third party such as a mediator facilitate the negotiations; b) estoppel and/or waiver can be established (establishing estoppel and/or waiver in these situations is difficult); or c) the parties have entered into a tolling agreement.
Lawyers who run into limitation period problems while in the course of settlement discussions sometimes ask whether they can attack the limitation period defence on the basis that the opposing parties were not prejudiced by the delay in commencing litigation (since the opposing parties were always aware that a claim was being asserted). Unfortunately, the issue of prejudice is generally irrelevant to whether a limitation period has expired (except in rare cases where the specific limitation period provision in question provides that prejudice may be considered).
In circumstances where a potentially litigious dispute arises from a real estate or corporate transaction (or other non-litigation matter), clients will occasionally refuse to retain litigation counsel despite being urged to do so by their non-litigator counsel. In these circumstances, non-litigators need to do more than simply recommend in writing that the client see a litigator. They need to also warn the client in writing that there may be an applicable limitation period that could expire at any time and that they are unable to opine as to when the limitation period expires or take steps to prevent it from expiring because they are not litigators.
h) Failing to adequately investigate the facts
It is dangerous to rely too heavily on clients to advise of material facts and relevant dates relating to a claim. Clients are often unreliable – especially with respect to dates. In some cases, readily available documents and information will contain facts that are inconsistent with the information provided by the client.
The fact that a limitation period may have been missed due to inaccurate information provided by a client does not necessarily absolve the lawyer. Rather, a lawyer can possibly have liability exposure if: a) the lawyer is unable to prove that the client was the source of the incorrect information; b) the lawyer should have been able to obtain the correct factual information from documents or other sources, or by asking the client the right questions; and/or c) the lawyer failed to adequately warn the client of the importance of ensuring that the information provided by the client was accurate.
When lawyers ultimately learn that they have been relying on incorrect facts, it is not uncommon for them to learn this from the client. Often, they learn about this while preparing the client for an examination or at the actual examination. The fact that this often happens suggests that lawyers can minimize the risk of this limitation period pitfall by more thoroughly reviewing the facts with their clients at the outset of the retainer and referring the clients to relevant documents, photographs and maps in an effort to jog their memories and assist them with articulating their version of events (the use of maps and/or aerial photos is particularly helpful in circumstances where it is important to be certain as to where an injury or event occurred).
Other steps that lawyers should take in an attempt to avoid this limitation period pitfall include: a) promptly obtaining and reviewing relevant documents/information upon being retained; b) using corporate searches, title searches and various other potential searches to confirm information provided by clients; c) taking good notes with respect to discussions with clients regarding the background facts; e) commencing litigation promptly; and f) where possible, proceeding to examinations for discovery prior to the expiry of any possible limitation periods
i) Failing to name "John Doe" defendants where appropriate
It is not always clear who should be named as a defendant at the outset of a litigation matter. In these circumstances, it is often prudent to name one or more John Doe defendants as place holders.
The purpose of pleading a John Doe defendant is to protect the plaintiff and the plaintiff's lawyer from circumstances in which it is later argued that they ought to have known the identity of the defendant in question, and that the limitation period was therefore missed. By naming a John Doe defendant, a plaintiff can usually avoid limitation period problems by substituting the John Doe defendant with the correct defendant upon learning of the identity of the correct defendant.
It is important to plead the material facts that support the claim against the John Doe defendant. That said, it is equally important to avoid making the pleading so specific that it might not accurately describe the defendant that is ultimately identified.
For example, in a slip and fall matter where it is not clear whether there was a potentially responsible maintenance company, it would be appropriate to name a John Doe defendant and then plead that John Doe was responsible pursuant to a contract or otherwise for maintaining the premises but that John Doe failed to do so. On the other hand, it might not be advisable to go so far as to specifically plead that John Doe had a maintenance contract with the owner of the property in question since it is possible that it had instead contracted with another party, such as a tenant.
j) Confusion during file transfers
Limitation periods are often missed during or shortly after a litigation file is transferred between lawyers. In these circumstances, both the lawyer who is transferring out the file and the new lawyer can potentially be exposed to a claim. To avoid such situations, the following steps should be considered whenever files are being transferred between lawyers/firms: a) it is a good practice for a lawyer who is transferring out the file to advise the new lawyer, in writing, of any time sensitive issues including upcoming limitation period deadlines; b) it is a good practice for the lawyer receiving the file (the new lawyer) to request this same information in writing to the extent that it is not immediately provided; c) the new lawyer should consider making it clear in writing to the client and the original lawyer that he or she will not be accepting the retainer until he or she receives the file from the old lawyer; and d) the new lawyer should promptly review the file upon receiving it.
k) Waiting until the last possible moment to issue a claim
Some lawyers seem to routinely wait until the last possible moment (or almost the last possible moment) to issue claims. Many limitation period problems arise out of situations where lawyers have done this.
Holding off on issuing a claim for an extended period of time is in most cases a bad practice. Unless there is a good reason to hold off on issuing a claim, lawyers should aim to issue claims quickly.
There are numerous problems that can arise from holding off on issuing a claim, even if the expiry date for the limitation period may seem clear and obvious. For example, what if the relevant dates provided by a client (or that are set out in key documents) turn out to be wrong? What if an error is made in diarizing the limitation period? What if the defendant is dead unbeknownst to the lawyer and section 38(3) of the Trustee Act therefore applies? What if a contractual limitation period was overlooked? What if you become ill just before the limitation period is about to expire? What if an administrative slip up occurs that causes the issuance of the claim to be delayed? What if the court staff reject the claim for some technical reason?
Issuing a lawsuit at the last possible moment can result in limitation period problems even where it turns out that the lawsuit was issued within the limitation period. For example, if it becomes apparent from the defendant's Statement of Defence or otherwise that a notice requirement was missed (such as the notice requirement under the Proceedings Against the Crown Act), it may be possible to cure this by giving notice and issuing a new claim, but only if the limitation period has not yet expired. Moreover, if it becomes apparent from information that comes out after issuing a lawsuit that the pleadings need to be amended or that new parties need to be added to the litigation, it may not be possible to do this if the limitation period deadline has passed.
Ideally, lawyers should issue actions as soon as they reasonably can and should try to leave themselves sufficient time to complete examinations for discovery prior to the expiry of any limitation period. This will help to ensure that new claims can be pleaded without a limitation period issue if the need to do so becomes apparent as a result of the discoveries.
If there is a legitimate reason for holding off on pursuing a claim, it normally a better practice to issue a claim but hold temporarily hold off on serving the originating process then to hold off on issuing it altogether. While efforts should be taken to ensure that the deadline for service is missed, if it is missed, this is usually repairable by way of a motion to extend service or validate service whereas a missed limitation period is normally fatal.
l) Failing to plead discoverability
If a defendant has pleaded that a clam is statute barred and the plaintiff intends to try to get around the limitation period by relying on discoverability, the plaintiff needs to plead the facts that support the discoverability argument in a Reply or otherwise. Failure to do this could conceivably preclude the plaintiff from being able to assert discoverability at trial or on a motion (notably, the decision in Collins v. Cortez suggests that failure to plead discoverability will not be fatal on a motion for summary judgment, as distinct from a motion to strike or other pleadings motion).
m) Failing to take appropriate steps upon learning that a necessary party was left out of a claim
What do you do if you realize many years into a litigation matter that an incorrect party was named as a defendant or plaintiff or that that you failed to name a necessary party. It is often possible to correct these problems notwithstanding the applicable limitation period by relying on one or more of the following: i) discoverability; ii) sections 6, 7, 11 and 16 of the Limitations Act, 2002, which set out various circumstances in which the limitation period may not run or apply; iii) section 21(2) of the Limitations Act, 2002, which permits the misnaming or misdescription of a party to be corrected after a limitation period has expired; iv) the doctrine of special circumstances (this doctrine is only available with respect to some limitation periods); v) setoff ; and/or vi) in some rare cases, Rule 2.01 of the Rules of Civil Procedure.
In these circumstances, some lawyers opt to issue a separate new lawsuit against the desired party rather than bringing a motion to add the desired party to the existing litigation. The benefit of this approach is that it avoids the need for a potentially contested motion. However, this approach comes with some risk in light of the decision in Maynes v. Allen-Vanguard Technologies Inc., in which the Ontario Court of Appeal found that issuing a separate lawsuit can constitute an abuse of process. While the Maynes decision was subsequently distinguished by the Ontario Court of Appeal in Abarca v. Vargas, the law regarding whether it is permissible to issue a separate lawsuit in these circumstances remains in flux, and therefore issuing a separate lawsuit rather than bringing a motion may often (but perhaps not always) be unadvisable.
In situations where section 21(2) of the Limitations Act, 2002 is being relied on, it is normally important that the new party be substituted for an existing party to the litigation. That said, the courts have indicated that it may be possible in certain limited circumstances to rely on section 21(2) of the Limitations Act, 2002 to add a new party to litigation rather than substitute a party.
Unfortunately, lawyers sometimes "freeze up" upon learning that an appropriate party was left out of a litigation matter, perhaps because they do not know how to fix the problem or assume that it is too late to fix the problem. This can be the worst thing that a lawyer can do in these situations, as delays in bringing a motion or issuing a new lawsuit to fix these problems can be fatal. Notably, in situations where a motion is brought to add a new party, the limitation period clock stops running as soon as the motion is served.
n) Failing to have appropriate procedures in place to ensure that limitation periods are not missed
Lawyers should ideally consider limitation period issues (and notice requirements) as soon as they accept a new retainer (or even upon contemplating a new retainer). Lawyers should avoid arrangements in which they accept retainers automatically or where non-lawyers accept retainers for them, as such arrangements create circumstances where limitations periods can be missed before the lawyer even knows that he or she has been retained.
Limitation period deadlines should be promptly diarized. A lawyer's diary system should ideally be set up so that it can withstand multiple errors (for example, it could be designed to require the dates to be diarized by more than one person in more than one place). The system should also be set up to ensure that even if the lawyer who was handing a particular file becomes ill or leaves the firm, that another lawyer will be notified on a timely basis of the deadlines.
Firms should be alert to the fact that limitation periods can be an issue even when acting for defendants, since Counterclaims, Crossclaims and Third Party Claims also have limitation periods. The limitation periods for these types of claims also need to be diarized.
Firms should ensure that every file is assigned to a lawyer at any given time, and that there is a written record as regarding which file is assigned to which lawyer (to avoid confusion). When a lawyer leaves the firm, the lawyer should normally be asked to prepare a transfer memo and the transfer memo should always address any limitation period deadlines that may exist.
o) Taking on too many files
This should be obvious but it nonetheless needs to be said: taking on too many files undoubtedly increases the possibility of errors including missed limitation periods.
Although the above-mentioned list of pitfalls is by no means exhaustive, it covers many of the situations that lead to missed limitation periods. Accordingly, lawyers who successfully avoid the above-mentioned pitfalls (perhaps easier said than done) stand a good chance of avoiding limitation period problems altogether.
By Jordan Nichols, Unit Director & Counsel at LAWPRO¹
¹ This article was originally drafted and published in April 2017 and then updated in March 2019. Thank you to Tova Cranford and Chantelle Dallas for assisting with editing and noting up the case law.
Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims
3 Responses to "Common Limitation Period Pitfalls and How to Avoid Them"
May 17, 2017 at 2:59 pm, Thomas Harrison said:
Great article. Good review of this area of law.
November 22, 2018 at 11:14 am, Paul Shenton said:
Great article. Very helpful for a quick and dirty overview.
April 24, 2019 at 9:29 am, Jonathan Shulman said:
Great article and should be read and subscribed to by most litigators.


text:
Karel Havlíček (ur. 16 sierpnia 1969 w Czeskich Budziejowicach) – czeski działacz gospodarczy i ekonomista, od 2019 do 2021 wicepremier oraz minister przemysłu i handlu, w latach 2020–2021 również minister transportu.

Życiorys
W 1992 ukończył studia na wydziale inżynierii lądowej Politechniki Czeskiej w Pradze. W 1998 uzyskał dyplom MBA na Manchester Metropolitan University. W 2004 doktoryzował się na wydziale zarządzania Wyższej Szkoły Ekonomicznej w Pradze, habilitował się na tej uczelni w 2014. Zawodowo związany z sektorem prywatnym, był m.in. dyrektorem zarządzającym przedsiębiorstwa SINDAT. Działacz gospodarczy, pełnił funkcję wiceprzewodniczącego UEAPME, europejskiego zrzeszenia rzemiosła oraz małej i średniej przedsiębiorczości. Przewodniczył też AMSP ČR, czeskiej organizacji skupiającej rzemieślników oraz małych i średnich przedsiębiorców. Został nauczycielem akademickim w prywatnej szkole wyższej o profilu ekonomicznym VŠFS, gdzie obejmował stanowiska kierownika katedry i dziekana.

W 2014 został członkiem rządowej Rady ds. Badań Naukowych, Rozwoju i Innowacji, a w 2018 wiceprzewodniczącym tej instytucji. W kwietniu 2019 z rekomendacji partii ANO 2011 w drugim rządzie Andreja Babiša objął urzędy wicepremiera oraz ministra przemysłu i handlu. W styczniu 2020 został powołany dodatkowo na ministra transportu.

W wyborach w 2021 z ramienia ANO 2011 uzyskał mandat deputowanego do Izby Poselskiej. W grudniu tegoż roku zakończył pełnienie funkcji rządowych.

Przypisy

Członkowie Izby Poselskiej Republiki Czeskiej
Czescy ekonomiści
Czescy ministrowie przemysłu i handlu
Czescy ministrowie transportu
Politycy ANO 2011
Ludzie urodzeni w Czeskich Budziejowicach
Urodzeni w 1969

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Sept. 24, 2019 / 10:20 AM
Black panther stolen from zoo after capture in French town
Ben Hooper
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Investigators said there was no damage to the enclosure, but the security system appeared to have been tampered with by the apparent thieves.
Veterinarians said the panther, believed to be between 5 and 6 months, had been declawed before escaping from its owner's home through an open window last week.
Police said they have identified the owner of the illegal pet, but the person has not been charged.
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