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Home 2021 Editorial: The many flaws of Roxen's "Amnesia"
2021 Breaking News Editorials Romania
Editorial: The many flaws of Roxen's "Amnesia"
By Boris Meersman
Disclaimer: This post is an editorial and therefore heavily prone towards subjectivity. Also, swearing, strong opinions and speculation. Anything stated beyond this point is the author's personal opinion and does not necessarily represent the views of ESC United as a whole or other editors.
It's done. Eurovision is over. After two aaaagonizing years, we finally have a new incumbent winner, Italy's Måneskin. This edition was all-round amazing and the chants of SONO FUORI DI TESTA MA DIVERSO DA L'ORO were like a clarion of righteousness thundering over the libelous outcries of butthurt francophones.
However, not everyone seems to be having a brilliant time. Romania do not appear to be enjoying themselves much, as Roxen's NQ has caused several meltdowns. Here's my favourite, as it involves #TeamUnited:
In fact, I hear Romanian officials have now now turned to blaming Roxen directly for the NQ, and that doesn't sit well with me. Not one bit. I've a feeling she's getting scapegoated, when in reality the Romanian team as a whole failed. Romania were at risk the second they picked their song, and ran it into the ground by making bad decisions throughout the process.
Hence, an editorial. I happen to know a thing or two about devastating Eurovision NQ's. My home country is responsible for arguably the most shambolic NQ in all of Eurovision.
You might remember her.
Hint: She echoed, echoed and flopped.
I will start by pointing out that Roxen's NQ is nowhere near the level of "Thick-of-It-esque Omnishambles" as Sennek's was, fortunately. "A matter of time" was a good song that bombed because the Belgian delegation was too arrogant and blasé to do anything with it (how/why are that HoD and Stage Director still alive, let alone functional members of 2021's Belgian delegation). This does NOT apply to Romania this year. They were through with the professional juries and deservedly so. I can say that confidently even though I don't like "Amnesia" myself.
Besides, there were bigger trainwrecks this year. I'm sure you're all wonder in excitement who I'm refering to, edging in anticipation like this:
but I couldn't possibly name names.
Anyway, the main problem that Romania had this year was their song. "Amnesia" was lowkey a very poor song if you want to appeal to televoters. Here's why:
Why "Amnesia" was not a good song
Music at its core is a form of communication. It evolved as a tool for heralds to tell stories with, using rhythm and rhymes to better remember its contents, and also make it easier for the listener to remember what they said. The oldest musical record discovered to date, the Hurrian Hymn to Nikkal, was recorded in cuneiform and predates the first alphabet by several centuries. Messages are an important part, but it's the melody that allows the messenger to connect with their audience. No melody and the meaning gets lost. Therefore, melody will ALWAYS be more important than meaning, regardless of which genre of music we're dealing with.
As far as the meaning was concerned, I have no qualms with picking mental health awareness as the topic. Personally, I really love that Romania wanted to tackle an issue as important as mental health, especially concerning how it has affected many (esp. adolescents) during the ubiquitous quarantines. It's an important topic to raise awareness on, and who better to sing about it than an introverted young adult such as Roxen? I was certain she would do such a delicate topic justice.
However, one needs to keep in mind that "Mental Health" is NOT an easy to topic to get right at Eurovision. Most people that tune in do so for the camp and the cray-cray. They want to have fun, and "mental health" is a decidedly not-very-fun subjects. Several other songs that delved into similar subject matter (including Switzerland 2018 and Austria 2019) did not do so well in Eurovision.
That said, discussing a taboo subject doesn't necessarily need to be a problem. Unpleasant topics CAN do very well at Eurovision (most notably: "1944" which was literally about genocide), but you need to make it digestible for the masses. You need to ensure that people are able to empathize with you, or better, admire you. This is where the melody and the lyrics come in.
Problem is, "Amnesia's" melody was as forgettable as its title implied. Maybe it's a me thing. Maybe I am the fool for needing at least ten tries before I finally managed to remember how the chorus went from memory. But hey, a lack of catchiness isn't inherently a kiss of death. "Proud" wasn't exactly a banger either, and it won 2019's jury vote, thanks to Tamara's crystal clear diction and engaging body language.
This brings us to another problem with "Amnesia": the way it communicates its (already dificult) message is rather… suboptimal. To use "Proud" as a contrast again, Tamara Todevska had crystal-clear diction. Her song had profound but simple English lyrics. Both of these things are amazing assets in ESC, as the majority of the people that tune in every year speak English as their second, third or fourth language, if at all. Listening is always the easiest skill for ESL learners, and enunciating well helps to connect with the limited English they can understand.
However, that would ALSO require for the lyrics to be easily understood and alas. I would say I'm quite fluent in English, and even I struggled making out the words. Yes, I could have read the libretto, but audience members don't get that luxury and it's them who vote, not I. Roxen's poor diction during the live / warbled autotune in the studio did NOT help, but it wasn't the main culprit. The main villain was the song itself. Enjoy this image that visualizes how I experienced "Amnesia"
Effectively, Amnesia was pelting the audience with slogans and left it up to them to connect the dots.
This is a terrible approach towards an audience that does not have English as their first language. It's the equivalent to showing up to a Beginner-level English Poetry cCass and IMMEDIATELY being given "The Colossus" as study material. Actually, Sylvia Plath's nebulous writings may be more lucid than Amnesia's lyrics or the way they are communicated. What on Earth are "curfews in a rush"? I can, with enough investment, make out that "Amnesia" is about the forgotten voices of depressed adolescents, and that it intends to coach them on "Self-love" and "getting strong", using Roxen as an exemplar.
SADLY, most of Europe does not have a Eurovision-obsessed gay son on speed dial to cue them in. They have to do it themselves and hence why the song always would have NQ with televoters.
Add this to "Amnesia" having an unmemorable melody AND a difficult topic, and you're heading right into the unlikely qualifier purgatory before rehearsals have even started. "Amnesia" is a difficult song because it struggles with the fundamental purpose of music: communication.
The Act clashed with the song
Have no fear however! Eurovision is fortunately an audiovisual spectacle and good staging can often patch up the weaknesses of a song. However, Romania's act did not.
Now, don't get me wrong: I thought the act was very well-designed. The choreography was beautiful and symbolic, the backdrops were gorgeous and the other aspects such as timing and camera angles were largely spot on. Technically, the Romanians had thrown together a very good act for Eurovision.
Problem is, a visually stunning act like that CLASHES with a song as unmemorable as "Amnesia".
You see, the audience already needs to pay a lot of attention to remember the melody, let alone make out the connection between the seemingly random words slurred at them with reckless abandon. If you're going for busy act like "Amnesia's", one rife with tryhard symbolism (or as I call it: "f'cking meaningitis") that you *also* need to pay attention to, you will create so much sensorial clutter that everything becomes a wash.
Good staging in Eurovision is not defined by how good the act looks by itself, but by how much it complements the song. Some songs need a lot, some need very little. Regardless, an act must always been adapted to what the song needs to conneect with he audience and the less you need, the better.
Surely, a more skilled performer could have worked it… but… *sigh*. Alright, let's address Roxen's responsibilities in the matter:
The problems specifically tied to Roxen ~ and why I don't blame her.
Okay so, yes. The diction. The vocals. The lack of eyecontact. These are all things Roxen failed to do correctly. Two things however: (1) Are we really surprised this happened after Selectia Nationala 2020? We all saw Roxen massacring four up-/midtempo songs, leaving her only with the ballad. Why wasn't "Amnesia" composed as a slow ballad instead, then? (2) even taking that into account, Roxen improved a LOT when "Amnesia" came around. A lot went into that act and she executed the dance portion perfectly. There's definitely growth here, and that speaks volumes for her motivation and effort.
You see, while Roxen's lack of maturity and stage experience are what ultimately cost Romania the qualification, true, but they come ON TOP OF the aforementioned problems with the song. "Amnesia" sucks, and was outclassed by its own act. Romania were never, *ever* getting through with the audience in that semifinal, Roxen or no Roxen.
So whose fault is it? All too easy to pin it on Roxen, who did her best working with what she was given. So I ask myself this:
Did Roxen compose the song? Did she pick it herself?
Did she come up with the act? Did she insist on doing that act over the rejected stage concepts that indicated a simpler idea?
Did she make all of the decisions autonomously, without any intereference from the delegation?
Even if the answer is "yes", then the responsibility still lies with TVR's delegation. They have been doing this for years. They should know better. They chose Roxen twice. They knew what her strengths and weaknesses were. Now that they failed to qualify for the third consequetive contest in a row, they're pinning it all on her. A young talented musician's fledging career lies in tatters because some people fail to understand (or admit) where the true responsibilities lie.
There is only one truth.
Romania's NQ was a group effort.
Pray that they learn from their mistakes next time around.
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TagsAmnesiaeditorialEurovision 2021OpinionOpinion Pieceromaniaroxen
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At Les Belles NYC, we promote a healthy lifestyle and dental implants provide you with the best alternative for a healthy mouth when teeth are missing. Unlike removable dental prosthetics such as a partial denture, an implant will not move or come out unexpectedly. You do not have to worry about seeds or food becoming lodged underneath and causing you discomfort. Dental implants are comfortable because they look and function exactly like a normal tooth. This gives you the freedom and assurance to go about your life without worrying about a dental prosthetic accidentally becoming dislodged while speaking, laughing, or eating.
Dental implants are a wonderful way to keep your smile intact while keeping your mouth in great condition; they provide support for your facial muscles, stimulate bone density, and keep your jaw bone in healthy shape. Normally your jaw bone will deteriorate with missing teeth, however, dental implants can prevent that deterioration.
However, like most procedures, placing a dental implant takes skill and requires precise measurements. Les Belles NYC prides itself on its honesty and commitment to excellence. Dr. Huang and her team have the talent and expertise to ensure that your implant will last for years to come. A thorough examination of the implant site will reveal your suitability for the procedure and following examination, one of our star dentists will discuss all phases of the process with you so you can make an informed decision.
Optimum oral health is a crucial part of living a healthy lifestyle. Dental implants provide you with the best solution for missing teeth. Comfortable, permanent, and aesthetically pleasing, dental implants fit perfectly with an active, healthy lifestyle.


text:
Q: WPF ListBox automatically scrolls to first or last element when clicking on the scroll bar I've published this opensource WPF control: WPF-AutoComplete-Textbox
it works fine until you click in the scrollbar buttons. When you click, the control starts iterating through the list, up or down, this is not the expected behavior....
It's like the RequestBringIntoView event is triggered and never stops... I tried to debug but can't see what is wrong... someone else eyes could see what I can't see here the moment...
A vide explains much better the issue: screen recording
Any help is welcome!


Sweet, moderate, and tasteful. Our Moroccan Spiced Red Pepper Hummus is a deliciously balanced blend that's ideal for adding just a pinch of spice to your day.
Ingredients: Organic Chickpeas, Water, Red Peppers, Onion, Lemon Juice, Tahini, Non-GMO Sunflower Oil, Sea Salt, Citric Acid, Spices.


We were delighted when Fire Blossom Candle came to us to help us create a fun and whimsical site geared to families, moms, and kids. They sought to have Tectonica create a site which was as fun and kitsch as the product itself, but that also represented quality and value in the product line with a clean and professional design. Besides easy purchase of the product, the site features user submitted experiences through photos and videos on its blog.


text:
Q: RactiveJS and JSX Is RactiveJS compatible with JSX?
I'm guessing some of the mark-up is not compatible. I like the thought of strong typing and being able to cleanly write the templates in JavaScript source. Maybe this is considered bad design?

A: No. React.js and Ractive.js have many similarities (for example, both work by constructing a lightweight virtual DOM in memory), but they have one very major difference - React completely rejects the idea of templates.
Which is to say that JSX isn't a templating language, it just looks like one! In React, if you have something like this...

Hello world!

...it gets converted to something like this by the JSX pre-processor:
React.DOM.h1(null, 'Hello world!');

In other words JSX describes functions, rather than templates. In Ractive, by contrast, Mustache templates are parsed into tree-like structures that can be transported as JSON.
Now, in the case of that example it doesn't really matter what process the original string goes through - it's still going to end up as an
 element in a browser somewhere. But it gets a lot harder when you start introducing arbitrary JavaScript which refers to this.state and this.props - things that can alter the fundamental structure of a component in React, but which have no meaning in Ractive.
Ractive might support templating languages other than Mustache in future, but JSX is unlikely to be one of them because they have such different approaches and design goals.
However there's a related issue here, which is being able to fully describe components in a single file. There's some ongoing work happening there - the most likely scenario is that we'll be able to describe components in an .html file (since you can use JavaScript and CSS inside HTML) rather than writing the template into your .js file.


text:
Q: Is it possible to use @Grab inside a Gradle build.gradle? Is it possible to use @Grab inside a Gradle build.gradle file?
My understanding is that Gradle build scripts are written in Groovy and Grape/@Grab is built into Groovy.
But if i attempt to add a @Grab annotation into a build.gradle file it doesn't work.
e.g. adding:
@Grab(group='org.springframework', module='spring-orm', version='3.2.5.RELEASE')
import org.springframework.jdbc.core.JdbcTemplate

it gives me the error
org.gradle.groovy.scripts.ScriptCompilationException: Could not compile build file.

Is this possible?

A: According to this post, the answer is no, we can't use @Grab.
However, there is an equivalent way to declare a dependency and add it to the classpath, as shown below (usage for the example: gradle go):
buildscript {
    repositories {
        jcenter()
    }
    dependencies {
        classpath group: 'org.springframework', name: 'spring-orm', version: '3.2.5.RELEASE'
    }
}

import org.springframework.jdbc.core.JdbcTemplate

task go() {
    doLast {
        println 'TRACER : ' + JdbcTemplate.class.getSimpleName()
    }
}


text:
Classic Galleries
The NBA
Chris Mannix
Big Trouble?
After spending four years in the paint, Yao Ming is struggling to adjust to a perimeter role in Houston's new offense
OVER THE past four seasons defensive schemes for stopping Yao Ming have had to vary by only a few feet. He's on the left block. Now the right block. Back to the left. Rockets coach Jeff Van Gundy had little interest in showcasing the diverse skills of his 7'6" center—he wanted a dominant scorer in the post. But under Van Gundy's successor, Rick Adelman, Yao must now blend a perimeter game with his interior strength. "The guy is an unbelievable shooter," says Adelman. "Why not get a little variety in what he's doing?"
The hiring of Adelman, who coached the Kings from 1998--99 through 2005--06, marks a huge philosophical shift in Houston. The defensive-minded Van Gundy, who was fired after failing to take the Rockets past the first round of the playoffs in any of his four seasons, ran a half-court, set offense that centered around Yao and swingman Tracy McGrady. Adelman has installed a more fluid, read-and-react system that relies on ball movement and places a premium on high-post passing from its big men. It's the same system that Sacramento used to become one of the league's top three offenses for seven straight seasons. "It's classic Rick," says Grizzlies coach Marc Iavaroni. "Spacing and cutting, posting up guards and bigs, keeping the baseline open for backdoors."
Adelman's concepts have not come quickly to the Rockets. "It's like art," says forward Shane Battier. "You can learn it, but it takes a lifetime to master." But the transition has been toughest for Yao, who, instead of carving out a position in the paint and waiting for an entry pass, must now be a playmaker, anticipating the movement of his teammates. "It's one thing to see the cuts," says Nets center Jason Collins, who played in a similar offense his first two seasons. "It's another to be able to deliver the ball at the right time."
Over the summer Houston dispatched senior consultant Carroll Dawson to China to give Yao a four-week crash course in Adelman's scheme, using drills designed to increase Yao's comfort away from the basket. The early results have been mixed. While he has proved to be an effective perimeter shooter ("best on our team inside 18 feet," says Battier) and an able passer, he has grown frustrated at times for spending so many minutes on the perimeter. Posting up about half the time, Yao shot 45.5% during the preseason. (He was a 51.6% shooter in 2006--07.) "Yao is feeling some stress," says Rockets general manager Daryl Morey. "But he is a perfectionist, and we are confident he will make it work."
Adelman's plan is to add a significantly improved offense to an already stingy D. Last season Houston scored just 97.0 points per game (17th in the league), prompting the team to sign free-agent guard Steve Francis and to trade for guard Mike James and sharpshooting power forward Luis Scola. The Rockets also brought back high-scoring guard Bonzi Wells, who clashed with Van Gundy last season. "This offense is tailored for perimeter play," says an Eastern Conference executive. "And they have a lot of talented perimeter guys."
Should Yao grow into the multifaceted role once played by Vlade Divac in Sacramento, the Rockets will be in a position to challenge the Spurs, Mavericks and Suns in the Western Conference. "They've been like a caged animal over the past two seasons," says Spurs guard Brent Barry. "This system is going to allow a lot of guys to flourish.... That's kind of scary."
ONLY AT SI.COM Get the latest on Chris Mannix's FanNation blog.
Scout's Take
On whether the Bucks should start rookie Yi Jianlian (right), the No. 6 pick from China, who averaged 10.5 points and 4.8 rebounds in eight preseason games:
"He is looking really comfortable on the court right now. He's 7 feet, has a nice dribble pull-up game, is great running the wing and has phenomenal hands. He can't post up much yet, and he's an average defender, but that won't hurt his chances—the Bucks are trying to be a better defensive team, but they haven't been good in the past, and they won't be this season. Besides, his main competition at power forward, Charlie Villanueva, is prone to mental lapses on both ends."
JONATHAN FERREY/GETTY IMAGES (YAO)
PASS-FAIL For the system to succeed, Adelman (below) needs Yao to be a playmaker.
BILL BAPTIST/NBAE/GETTY IMAGES (ADELMAN)
[See caption above]
JONATHAN DANIEL/GETTY IMAGES (YI)
April 2021 Table of Contents
Full Frame: Michael Phelps Goes Fishing
Who's Trying, Who's Tanking, and Everything Else to Know About This Season


text:
When clients contact us, we will usually suggest the following game modes to them. But if you have your own unique idea, please feel free to suggest to us, and we will work with you to formulate a special mode just for you!
1) Team Deathmatch
This is the most classic game mode. 2 teams must try to shoot down as many enemy players as they can. The first team to wipe out the other team, wins!
2) Escort The VIP There will be 3 types of players in this game mode: VIP, Bodyguards and Assassins. The VIP + Bodyguards will be in one team, while the the Assassins are in the other team.
The Bodyguards must escort the VIP safely to his destination, while the Assassins try to kill the VIP. If the VIP dies, the Assassin team wins!
3) Capture The Flag
A flag will be placed in the middle of the field. Teams must try to retrieve the flag and bring it back to base (while still alive!) to win. If you die halfway carrying the flag, you must drop it onto the floor for others to take.
4) Sniper Hunt (LaserTagSG Exclusive)
This is a game mode that is exclusive to us at LaserTagSG.com only, because it requires our specialized Laser Tag guns. It is also best played in big parks, such as Toa Payoh Town Park, or Bishan Park. There will be 2 teams: Sniper and Hunters. The Sniper Team only has a few players, say only 3 of them. The Snipers will be armed with our special Laser Tag sniper rifles, which has a shooting range of over 200 metres. That's twice the length of a standard soccer field!
The Hunter Team will have more players, say 10 of them. The Hunters will be armed with Handguns or other guns, which only has a shooting range of 60 metres. The Snipers will be hidden and roaming around the field. The Hunters must try to sniff the Snipers out and eliminate them. Stealth, silence, knowing the terrain, communication will be crucial in this intense game mode!
Got a unique game mode idea to suggest? Contact us and we will assist you in planning an awesome Laser Tag event!
Email: SingaporeLaserTag@gmail.com Phone: +65 9786 9083
#lasertagsingapore #gamemodes #corporateteambuilding #cohesion


SecNet associated with few of the top Universities in India. SecNet has set up some of the most advanced & sophisticated CISCO Network & Security labs in the Universities. We are also associated with reputed recruiting & training companies in India & Middle East.
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SRI LAKSHMI AMMAL ENGINEERING COLLEGE is a self-financing institution, offering degree level courses in different disciplines of Engineering Sciences. This college was established under Sri Lakshmi Ammal Trust and located at Thiruvanchery, Selaiyur, Tambaram.
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text:
Novels in Contemporary Fiction
Novels for Younger Readers
The Rodeo Drive
The Great Corn Tumblin'
Soccer Tommies Baseball Mommies
Novels in Science Fiction
ANNT: SpANNTium I & II
ANNT: NEoCLEAR - Adaptable NeoNature Techology
ANNT: TERRACA - Adaptable NeoNature Technology
ANNT: AXIOM - Adaptable NeoNature Technology
NOVELS IN PARANORMAL MYSTERY
Lethal Believers: The Series
Lethal Believers: The Reviews
THE REVIEWS
An Author's Research: Maps Making 'Sense' of Our World
Author's Excerpts
Interviews with Authors and Friends
Art by G. Mitchell Baker
G. Mitchell Baker, Author
A Partial Response by G Mitchell Baker to XOXO Publishing, Inc., a Division of the Ninni Group, Inc.
I only discovered a self-serving and potentially disparaging communication by XOXO Publishing on the Social Networks the third week in March 2013. The Blog was written by Penny A Adams and Comments provided by various staff and officers of XOXO Publishing. Having not been named, or invited to provide my side of any story presented, it remains for me now, to do less than refrain from a response to the false accusation, personal attack, and, what is obviously inappropriate behavior(s) on the part of XOXO Publishing and Penny A Adams, an Officer of XOXO Publishing during all relevant times. Indeed, the tactic of alluding to people in specialized circumstances does not evade being held accountable for disparagement as Penny A Adams and XOXO Publishing seems to attempt. To do nothing would be irresponsible, and a bad example on my part and given the utmost disregard for my family.
It is interesting that the author of a book about the sensitivities of a man, husband and father abused by a woman, spouse and mother, and, who makes choices to remain involved with his children despite it all, would be the subject of allegations of 'Bullying' by the same publisher of that material. For my part, I have saved all communication(s) and can publish the exact words of XOXO Publishing, or any of its key actors, to include Gina Cianfarani, Publisher, or, Penny A Adams and 'Staff'. Those, and the communications forever preserved in the Social Networks do, and will remain relevant in the public domain or any court of law.
After Penny A Adams brought many potential liabilities upon XOXO Publishing and quit (or was it a required medical sabbatical?), the XOXO lawyer reviewed the circumstances left by Adams, an inexperienced individual and my business relationship with XOXO Publishing quickly ended with a proper and complete termination of rights in XOXO Publishing to any of my work. As important, the complete and appropriate reversions of all my rights to my work were immediately delivered to me. That was all I wanted, given I was already continuing with a very positive relationship as an author and a friend with other publishers, who know their business and conduct all business with respect and the utmost professionalism. For example, with three novels scheduled for release in 2013 ("Lethal Believers: The Innocents"; "Lethal Believers: DVM" and "Soccer Tommies Baseball Mommies"), I am extremely thankful there are good people to do good business with in the world of publishing.
As a former Author with XOXO Publishing, a business started by Gina Cianfarani and her father, and, operated by Penny A Adams when Cianfarani took a lengthy leave of absence due to a hostile divorce, my response to XOXO Publishing is that this business did not honor its contracts and there were many promises that became intentional misrepresentations. XOXO Publishing then attempted to save face from its broad range of failed performance and inept operations by attempting to terminate all my contracts (at first one, then to punish, all of them). XOXO then continued, after the botched 'termination' by refusing to provide for the legal reversion of my rights as an author to all my material. Penny A Adams would not send my communications (a lawyer's letters) to the XOXO attorney, instead threatened me with federal law enforcement, a local attorney from Saskatchewan, Canada (i.e., not the XOXO legal counsel) and, a local politician (all of whom remains unidentified, despite my demand for disclosure of the lawyer and public servants). In fact, in my experience and opinion, Penny was running her own private extortion campaign/racket under the auspices of XOXO Publishing. A different kind of 'Bullying' that XOXO Publishing was obviously condoning given all Adam's actions, and as Adams argues were the subject of communications between her and Gina Cianfarani on a daily, detailed basis. I also copied Cianfarani with written communications from Penny A Adams to me, when it was obvious Adams was not communicating with Cianfarani.
XOXO Publishing has apparently practiced this coercion on not only me, but 'Best Selling' Authors as well. Unfortunately, there are those authors who, given XOXO's breach of contract, remain stuck to endure sales adversely effected by XOXO's apparent inexperience and inability to publish and sell books. These are the authors without legal experience and who would remain 'Bully'd by Adams. I was actually recommended by another former and 'Best Selling' XOXO author from Europe to her attorney, who she had to hire to get her material back from XOXO the year before my experience. She had to incur as much to continue her publishing career with other respected and professional publishers (as I do now).
Moreover, if the actions of Penny A Adams, and XOXO Publishing were not desperate enough, a mutual FB Friend (friend to Cianfarani, acquaintance to me) communicated with me halfway through this saga that Gina Cianfarani, the publisher, had apparently fallen in 'love' with me, despite being in the midst of a hostile divorce. Cianfarani shared none of this with me, yet and apparently reserved the right to act the spurned lover role throughout these XOXO maneuvers? Oh, and there was my being named in a Power of Attorney for the XOXO business (along with Penny A Adams) when Gina Cianfarani believed a looming hurricane could mean her demise)… Again, I found out about this after the POA was drafted and drawn up. I learned about this when Cianfarani delivered an e-mail, announcing what she had done… There was no lover's relationship between this author and Gina Cianfarani, and there certainly was no business relationship between this author and Penny A Adams after the disclosures made by Gina Cianfarani after the fact and as they were generated by her alone …
In my opinion, XOXO Publishing engages in a concerted effort and ongoing pattern of unprofessional behavior. There is the breach of its contracts with authors, and, then there is the practice of frustrating and then personally attacking the authors who balk at their corrupt behaviors, etc. Then there is the secretive commingling of personal agenda with the life of this author. In my case, where I stood up to this unprofessional, in fact corrupt practice of XOXO, this 'publisher' deemed it necessary to continue frustrating and causing a distraction from their questionable operations and personal interests. As much can only be considered questionable, and a determined effort to distract away from XOXO and its personalities and their failures and indiscretions.
Incidentally, I repeatedly demanded a full accounting of the 'sales' Penny A Adams claims was justification for her botched, and then corrupt efforts, but XOXO never provided a complete accounting to me in keeping my repeated demands... Yet, Penny A Adams mightily proclaims 'lack of sales' as the foundation of her platform for continuing to attack and disparage me personally and as an author. The issue of exactly how many books sold, what royalties paid remains an open question and XOXO does have a history of chronic issues with accounting that these circumstances match.
The publisher is said to have only purchased my YA book … In fact, she bought books and distributed them through Toronto schools to obtain feedback, reviews from YA oriented teachers… A BETA operation by the publisher Cianfarani herself. The publisher didn't buy her own books to satisfy me, rather she distributed them to the teachers (as a former teacher herself) to get feedback on what was left wrong after the involvement of Penny A Adams as the lead editor for the project. On this project I never signed Adam's coveted 'errata', because it was obvious she uses the mechanism to avoid accountability for her and other 'editor's' inexperience. Again, there is a need for Penny A Adams to distract others from the truth, given her, and other's active role in what was yet another botched project.
Again, I am not the only person/author slandered and defamed (disparaged) by the actions of XOXO Publishing, Penny A Adams and its 'staff' and 'officers'. I stood up to up to what I, as a practicing attorney for about 20 years, have always considered, in my opinion, the dishonest, and perhaps illegal and potentially illegal practice(s) of XOXO Publishing. Incidentally, I communicated in writing to XOXO Publishing the detail of my opinion regarding what I believed to be the dishonest and potentially illegal acts put upon me by XOXO. Penny A Adams would not take as much to the company lawyer … Rather, given her inexperience, her personality and her disregard for her cascading actions bringing upon XOXO a great deal of potential liabilities, she continued to suppress her acts (and still does) only to contrive the rather silly allegation of 'Bullying' in response. I am not a 'Bully'. I am an author who happens to have a legal background and who was taking care of his business with respect a 'publisher' who in my opinion should not be allowed to hold itself out to the public as it is structured now, and with the personalities involved.
Now, Penny A Adams claims to coordinate all her efforts in daily communications with Gina Cianfarani, the Publisher? I find XOXO Publishing's counter argument of 'Bullying' to my position of contracts breach and illegality most interesting. In fact, XOXO was so far down the path of misrepresentation and potential illegality it was no surprise the only thing they could do is attack me personally with disparaging comments even though they were signing the proper termination/reversion papers. I guess now they are holding their breath there will be no more matters of business for me to attend to in the course of these spiteful events. However, the question remains, if Penny A Adams is communicating with Gina Cianfarani daily, then how is it Penny A Adams can also claim to not be acting at the behest of Gina Cianfarani and XOXO Publishing? There appears to be a cake that they wants the public to have, but they want to eat it too...
In fact, and after the disparaging March Blog by Penny A Adams and other XOXO staff and officers of XOXO Publishing, matters were settled between the lawyers with XOXO Publishing (Gina Cianfarani and the Corporate Lawyer) and me. The agreement signed off on was that exact agreement I originally drafted and the exact words of termination and reversion of rights that I wrote and proposed from the beginning. The same words Penny A Adams ignored for well over a month; the same words that were my effort to responsibly settle all matters from the outset.
Please note, the settlement does not prevent me from pursuing any legal remedy given my assessment of illegalities by XOXO and the disparagement this company and its staff have put upon me and my family. In fact, Penny A Adams challenged/baits me to go after her? What kind of personality does that either within or outside a business context? When the business/livelihood of others is involved this is what the officer of a corporation does with total disregard for the company? And yet Gina Cianfarani 'reinstates her" after publishing the March Blog and seeing the reaction to it ... Should I decide it necessary to recover economic damages caused by such disregard not only for my rights and interest, but the rights and interest of so many others, I have that choice as a man, father, author and business person to make on my terms, and, not given any irrational invitation from Penny A Adams as endorsed by Gina Cianfarani speaking on behalf of XOXO Publishing.
In closing, through this response, I respectfully request XOXO Publishing, Gina Cianfarani, Penny A Adams, along with all other Staff and Officers of XOXO Publishing involved in these unfortunate circumstances to both individually, and for XOXO Publishing, a Division of the NINNI Group to immediately publish, in the manner equivalent of any dissemination produced by them thus far, a full retraction and apology for the obvious inaccuracy, falsehood(s) and disparaging comment published. As an aside, and given my responsibilities in these matters (whether necessary or not) I have tried communicating with Gina Cianfarani through back-channels and have communicated my regret regarding the present circumstances (before I came across the March Blog by Penny Adams and after). I received in return, absolutely no communication.
A retraction and apology would now be consistent with the termination and reversion of my author's rights and the facts in these matters. I believe, and despite the inexperience, excess, and desperation of Penny A Adams, I should be accorded the same respect that is consistent with the facts and results of the written settlement I have with XOXO Publishing to this time. If Penny A Adams does not agree with the XOXO position in these matters, then that inconsistency should remain internal to XOXO and not adversely affect me and my family, who has been blatantly disregarded and disrespected in all this, but who cannot be forgotten in all this... I leave this to you, my partial response to XOXO Publishing, Inc., a Division of the Ninni Group, Inc.
G Mitchell Baker


text:
require 'rails_helper'

RSpec.describe LessonTagJoin, type: :model do
  it 'has a valid factory' do
    expect(FactoryBot.build(:lesson_tag_join)).to be_valid
  end

  # test validations

  it 'is invalid without a lesson' do
    expect(FactoryBot.build(:lesson_tag_join, lesson: nil)).to be_invalid
  end

  it 'is invalid without a tag' do
    expect(FactoryBot.build(:lesson_tag_join, tag: nil)).to be_invalid
  end
end

redpajama_set_name: RedPajamaGithub


text:
The web at 30
One of the world's most important inventions was 'born' in March 1989 and is celebrating its 30th birthday. Read the article to find out what it is.
Thirty years ago, this website and any other websites were impossible to imagine. Some people had computers in their homes, but they didn't use them for much. Maybe they just used them to play games or type letters to print out and send by post. But, in 1989, a British computer scientist called Tim Berners-Lee changed everything and one of the modern world's greatest inventions was born: the World Wide Web.
The World Wide Web vs. the internet
Now, let's make sure you're not confused about something. We're not talking about the beginning of the internet itself. Most people use the words internet and web as if they're the same thing. But, in fact, the internet is much older than the web, and they're two different things. The internet was developed in the early 1970s by Vint Cerf and Bob Kahn. It is basically a huge network made up of smaller networks of computers that deliver packets of information to other computers. When this information is in the form of webpages, that's the World Wide Web.
The idea that started it all
So, in 1989, when Tim Berners-Lee was working at CERN (the European Organisation for Nuclear Research) in Switzerland, the internet already existed. But it was nothing like it is now because there were no webpages. Hard to imagine, isn't it? Email also already existed (Queen Elizabeth II famously sent an email in 1976) and so did the idea of domain names, for example britishcouncil.org. Another tool that already existed was hypertext to jump from one document to another. But, without the web, none of it was as useful as it is now.
Berners-Lee got very frustrated at CERN because all the scientists had different kinds of computers. You could connect the computers with cables, but they couldn't 'speak' to each other. If you wanted information, you had to know exactly which computer that information was on and sit down in front of it and log in. Berners-Lee wrote a report that suggested a way of putting the internet, domain names and hypertext together into one system. This 'imaginary information system which everyone can read' was later called the World Wide Web (and that's why website addresses start with 'www'). At the time, his idea was so abstract that his boss called it 'vague but exciting'. Two years later, in 1991, the world's first website was built at CERN: http://info.cern.ch (the site you can see now is a copy made in 1992).
The web today
Today, thirty years later, that idea is still exciting. The web is just part of the internet, but it is the part that connects us to the rest of the world. The telephone meant that one person could connect with one other person. Television meant that one person's ideas could reach millions of people in their homes. But, with the web, everyone who has internet access is connected and anyone can contribute to the information on it.
The idea behind the web is to connect people and help them understand each other. But not everyone in the world has internet access – only 55 per cent of people, according to internetworldstats.com. Half the world's population lives in Asia, but only half of Asian people have the internet. In North America, 95 per cent of people have internet access and so do 85 per cent of Europeans. North America and Europe make up only 15 per cent of the world's population, but together they make up 25 per cent of the world's internet users. Compare this with Africa, which makes up 17 per cent of the world's population, but only 36 per cent of its people have internet access.
The digital divide isn't only geographical. If we compare men's and women's access to the internet, World Wide Web Foundation research shows that women are less likely to use the internet in many poor urban communities – 37 per cent of women versus 59 per cent of men surveyed were internet users.
If you're reading this, you're part of the half of the world that has access to this powerful tool. Perhaps our job for the next thirty years is to make the web available to the other half of the world and to help people use it to their best advantage.
https://webfoundation.org/research/womens-rights-online-2015/
This article is part of Anyone//Anywhere: the web at 30, a year-long programme of projects and partnerships looking at the impact of the World Wide Web on our lives. Find out more here: https://www.britishcouncil.org/anyone-anywhere
Matching_MjMxNzY=.xml
TrueOrFalse_MjMxNzU=.xml
Imagine your life without the internet. How would your day be different?
Upper intermediate: B2
CHINMOY_53 replied on 27 March, 2019 - 15:27 India
A very informative article to commemorate 30 years of www service and on this I remember with much adoration the great scientist Tim Berners-Lee , who made possible the discovery of fastest growing strongest communication system of the world, enriching people all over the world with informations just by a "click".The world is present in our room through famous websites like google, yahoo, bing, youtube and of course wikipedia. We are fortunate enough.Sitting within the four walls of our room we see the world with wonder(www).
Kostya B replied on 26 March, 2019 - 19:54 Russia
I think to live without internet now it would be a hard thing because there a lot of different informantion, largest financial systems of the world working by support of the internet. The life without internet is possible but for how long time? It is a significant question. In conclusion it is worth to say that over time the internet will infiltrate in life of people more and more.
ADELE replied on 25 March, 2019 - 12:48 Cameroon
I cannot imagine living without the internet. Without suppose the end of the learning English on line and interact, the end of looking for a job an others. Internet nowadays is the best way to reach and share information. Normally no one can live without it
Gus2019 replied on 9 March, 2019 - 00:08 Ecuador
I am confused. The Queen of England sent the first-ever email, is it true? But in these case I guess that the question refers to Queen of England I.
Could you help me with that , please?
Peter M replied on 9 March, 2019 - 08:28 Poland
Hello Gus2019,
The text does not say that Queen Elizabeth II sent the first email. It says that she (famously) sent an email in 1976. This was quite early, but scientists had been using email since the beginning of the 1970s.
The text refers to Queen Elizabeth II. Queen Elizabeth I died in 1603.
iso replied on 6 March, 2019 - 13:47 Japan
I think developing the internet and world wide web is most important technology in the world as well as computer.as we know only 55 per cent of people use internet to communicate each other.It is still evolved nowadays.Idea of www is same social media.I can get any information on the internet.getting information on the internet is easiest way and fastest way.appearing smartphone is evolved www. Because we use smartphone so often instead of searching book.I use the internet when I study English and getting information such as bbc news,weather ,map .Invention of Internet is gives us communicate each other with world wide web.I love that.
Nadvaxe2019 replied on 2 March, 2019 - 16:32 Burundi
A life without internet would feel like we were not living really.
it would just be as dreams when we are concentrated in one domain with single ideas, thinking of on thing in the same manner.
I cannot feel how we would live without it.
The part of these men and women, young people that do not have internet access have a part of closed life, they don't live all they full life.
Lecomble replied on 25 February, 2019 - 18:33 Morocco
Thirty years ago, before internet was born, people do get informations from books, newspapers and magazines. This old method was the only way to make researchs by going to libraries andborrowing books from friends and teachers. Thus it was not so easy to get enough informations people was looking for, but on the other hand, it allowed to people to communicate more and work together in groups
Dieudonné replied on 17 February, 2019 - 09:27 France
The internet is nowadays the most powerful tool to get informations and formations. Nowadays you can take your lessons at home via internet, that is a great thing for disabled persons; then I think that without internet, it will be difficult for me to learn english because I live in a French country and the formations are expensive in the centres of formations. Moreover, It will be complicated for me to get a lot of informations for my memory writing during my Master degree. Internet gives us a lot of chance to know many things around the world by being at your home. It's the best invention of all inventions about the spread of informations. Thanks Vint Cerf, thanks Bob Kahn and thanks Tim Berners-Lee.


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Home | Tag Archives: The Conjuring
Tag Archives: The Conjuring
Film Review: The Conjuring: The Devil Made Me Do It (2021)
Simon Rother 06/18/2021	0
Rate This Movie SYNOPSIS: The Warrens investigate a murder that may be linked to a demonic possession. REVIEW: The Conjuring universe is back on the silver screen with its third chapter in the original series of movies, releasing the Warrens' real-life cases back onto the world. The first two Conjuring films, in my opinion, slapped the horror community right in …
Film Review: The Curse of La Llorona (2019)
Adrian Halen 11/06/2020	0
Rate This Movie SYNOPSIS: Ignoring the eerie warning of a troubled mother suspected of child endangerment, a social worker and her own small kids are soon drawn into a frightening supernatural realm. REVIEW: Getting right to the point, "The Curse of La Llorona" is a simply a great horror film! Seeing it first in theatres and then now per home …
Film Review: Annabelle Comes Home (2019)
Rate This Movie SYNOPSIS: While babysitting the daughter of Ed and Lorraine Warren, a teenager and her friend unknowingly awaken an evil spirit trapped in a doll REVIEW: If there is one thing that delivers with consistency these days, it the abundance of Conjuring movies coming at us. "Annabelle Comes Home (2019)" which marks the 3rd Annabelle movie in the …
The Conjuring: The Devil Made Me Do It – Title Announcement
"The Conjuring: The Devil Made Me Do It" reveals a chilling story of terror, murder and unknown evil that shocked even experienced real-life paranormal investigators Ed and Lorraine Warren. One of the most sensational cases from their files, it starts with a fight for the soul of a young boy, then takes them beyond anything they'd ever seen before, to …
Top 10 Scariest Horror Movie Ghosts We've Seen in Film
Sarah Treanor 08/03/2019	4
Ghost stories were my first introduction to all things spooky and scary – M R James stories (and their television adaptations) used to keep me awake at night, straining my eyes to see spooky patterns in the curtains or wallpaper that were almost definitely ghosts. Ghosts are terrifying for so many reasons: They are often intangible so cannot be physically …
Movies that Give You Nightmares Immediately – Part 2
Hasena Ali 08/02/2019	0
A Nightmare on Elm Street (1984) – Directed by Wes Craven In Wes Craven's ''A Nightmare on Elm Street'', Nancy Thompson (Heather Langenkamp) lives in the perfect suburban area of Elm Street, Springwood. After the death of her best friend, Nancy realises that Elm Street has a dark secret after constantly having nightmares about a disfigured child murderer named Freddy …
The Most Horrifying Opening Scenes (You Should Totally See!)
Brendan Knapp 08/01/2019	1
Stabbings. Stranglings. Ghastly dolls. Anxiety-fueled phone calls. Bludgeonings. Chases. Unseen terrors. There's no single recipe to cook up a horrifying opening scene. Some tease you with scares before blasting you with the horror. Others gut punch you with the horror right away. The greatest opening scenes do have one thing in common. They make a promise to the viewer. This …
Film Review: The Conjuring (2013)
The Black Saint 04/20/2019	6
SYNOPSIS: Paranormal investigators Ed and Lorraine Warren work to help a family terrorized by a dark presence in their farmhouse. Forced to confront a powerful entity, the Warrens find themselves caught in the most terrifying case of their lives. REVIEW: James Wan has come a long way from "Saw" (2004), a long way indeed. Although he's already established himself as …
Film Review: The Conjuring 2 (2016)
Rate This Movie SYNOPSIS: Lorraine and Ed Warren travel to north London to help a single mother raising four children alone in a house plagued by malicious spirits. REVIEW: As someone who genuinely believes The Conjuring to be one of the scariest films he's ever seen, I could not mask my joy (& trepidation) at the prospect of a sequel. …
Film Review: The Nun (2018)
Rate This Movie SYNOPSIS:: A priest with a haunted past and a novice on the threshold of her final vows are sent by the Vatican to investigate the death of a young nun in Romania and confront a malevolent force in the form of a demonic nun. REVIEW: Coming out of the gate as the proclaimed scariest film of 2018, …
Film Review: Annabelle: Creation (2017)
SYNOPSIS: Several years after the tragic death of their little girl, a dollmaker and his wife welcome a nun and several girls from a shuttered orphanage into their home, soon becoming the target of the dollmaker's possessed creation, Annabelle. REVIEW: Director: David F. Sandberg Starring: Stephanie Sigman, Anthony LaPaglia, Miranda Otto, Lulu Wilson, Talitha Bateman. In 2013, Director James Wan …
Meet Robert the Doll – Supernatural Toy
Michael Grise 04/28/2017	0
Since the release of the terrifying horror film "The Conjuring" I have been hearing about creepy dolls nonstop. While the doll in that movie makes you feel uncomfortable, nothing is scarier than the Key West native doll named "Robert". (If you take an interest in film's scariest dolls then you'll definitely want to check out this article) Artist Robert Eugene …
Top 10 Paranormal Investigators in Film
Doc Rotten 04/28/2017	1
More films of interest collected under the theme of "Paranormal Investigators", this bunch takes on the entities and specters lurking within the great unknown. While there is no shortage of ghost busting going on in the TV world these days, it's always more fun to watch the fiction based hunters taking on all sorts of dark cretins. Let's jump right …
Top 10 Scariest Doll Horror Films
Adrian Halen 10/09/2015	17
Horror has never been shy about putting the fear of evil into small playful objects. In our latest list we've compiled what we feel is the best of these creepy (and often "stay with you long after" type) films that have used the theme of evil and dolls in a most horrific way. The list was completed when the character …
Podcast: Horror News Radio – Eps 79
Annabelle (2014) scares up some solid box office but struggles to gain ample praise from the HNR grue-crew. The film dives into the back story of the creepy-as-all-get-out doll from The Conjuring. Watch your basements! Dave shares the horror news of the week with news of Twin Peaks, ABC's of Death 2 and Adam Green's Happy Halloween. Did we mention, Twin Peaks? Thomas discusses Gone Girl from …


In recent years, Remote Sensing Devices (RSD), such as LiDAR or SODAR, have gained more and more reliability, positive response and acceptance from the wind community; mainly driven by the fact that hardware costs were dropping, and the data accuracy and device reliability have improved significantly.
It has been shown that RSD measurement uncertainties, compared to measurements with First Class Cup Anemometers, in some cases (non-complex terrain), were even lower than the uncertainty of the Cup Anemometer measurements. However, in such cases it is not possible to determine at a first glance "which device is measuring more accurate", since the values are lower than the uncertainties of the measurement devices themselves, and hence diminish in the uncertainty budget.
Nevertheless, extreme precaution must be taken in complex terrain, as the uncertainties are significantly higher for RSD. If RSD technologies are used, it should be done in parallel to a reference measurement mast installed.
ProfEC Ventus offers A-Z performance of different RSD-supported measurement campaigns, tailor made to the needs, means and expectations of our Clients. The measurement data are processed and evaluated in accordance to our accredited services, yielding in a bankable measurement report with accredited conclusions drawn.


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National Precast Concrete Association Holds Virtual Annual Convention
National Precast Concrete Association / NPCA Blog / National Precast Concrete Association Holds Virtual Annual Convention
The National Precast Concrete Association (NPCA) held its 55th Annual Convention – virtually – Oct. 13-15, 2020. The virtual meeting had more than 450 registrants and 53 sponsors.
The meeting opened with a keynote address by U.S. Secretary of Transportation Elaine L. Chao, followed by an economic address by Ken Simonson, chief economist with the Associated General Contractors of America.
During the Annual Business Meeting, NPCA members elected Ron Sparks, vice president/general manager of Columbia Precast Products in Woodland, Wash., as 2020-21 Chairman of the Board of Directors for a one-year term. Sparks also was presented with the NPCA Douglas G. Hoskin award, which is named for one of NPCA's founders and honors a dedication to recruiting new members to the association.
In his acceptance speech, Sparks spoke about his passion for the precast concrete industry, the importance of the association and its recent accomplishments, as well as his goals moving forward.
"The association has allowed me to push toward ideals I hold in the highest regard, including giving back to the industry and the people who have given so much to me," Sparks said. "My two predecessors have implemented key initiatives, including research and pushing our association forward on marketing. Along with sales training, these will form the fundamental groundwork of our efforts well into our future."
Rounding out the leadership are 2020-21 Chairman-elect Mark Wieser, vice president of Wieser Concrete Products in Portage, Wis.; and 2020-21 Secretary/Treasurer Joel Sheets, vice president and general manager of Tindall Corporation in Spartanburg, S.C. Asher Kazmann with Locke Solutions in Houston, Texas; Charles Piwowarski with Forterra Pipe & Precast in DeLand, Fla.; and Sam Lines with Concrete Sealants in Tipp City, Ohio, were elected to the Board for three-year terms.
The Annual Convention also included committee meetings, education courses, a live virtual plant tour of Columbia Precast Products presented by Sparks, and it concluded with industry awards and a closing address by Ron Insana, CNBC analyst and financial industry expert.
In addition, the NPCA Foundation elected Aaron Ausen as Chairman of its Board of Directors for a two-year term. Ausen, with Rosetta Hardscapes, has nearly 25 years of experience in the precast concrete industry and has served on numerous NPCA committees and task forces including the education committee and various product committees.
"I am truly honored to serve as Chair of this great organization, and I hope to make as large of an impact as those who have served before me as we lead the Foundation into the future," Ausen said. "Those who have been involved with the Foundation are genuine people who believe in something greater than themselves – things like integrity, service and collaboration. Those values, among others, have molded the Foundation and continue to shape it as it grows daily."
The NPCA 56th Annual Convention will be held Oct. 28-30, 2021, at The Broadmoor in Colorado Springs, Colo.
Filed Under: NPCA Blog


The statistics quoted in this report are provided by the Lethbridge and District Association of REALTORS®, serving more than 324 REALTORS® in member offices in the City of Lethbridge, the County of Lethbridge, Cardston County, County of Warner, the municipal districts of Taber, Warner, Willow Creek, Pincher Creek, and the municipality of Crowsnest Pass.
The information contained in this report has been prepared by The Canadian Real Estate Association, in co-operation with the Lethbridge and District Association of REALTORS®. The information has been drawn from sources deemed to be reliable, but the accuracy and completeness of the information is not guaranteed. In providing this information, neither The Canadian Real Estate Association nor the Lethbridge and District Association of REALTORS® assumes any responsibility or liability. Copyright © The Canadian Real Estate Association. All rights reserved. Reproduction in whole or in part is prohibited without written permission.


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Cotnam v. Rousseau
By Luciana Amaral | 27 April, 2018 |
Estate Assets in Dependant Support Claims and Pre-Retirement Death Benefits
In my earlier article entitled, "When can a person obtain financial support from an estate?", I reviewed some common questions relating to dependent support claims. In this article, I discuss what assets can form part of the estate for the purpose of a dependent support claim, as well as a recent decision that has significantly expanded the scope of those assets to include pre-retirement death benefits.
Estate Assets under Section 72 of the Succession Law Reform Act
The Succession Law Reform Act ("SLRA") creates a separate regime as to what is and is not included in a deceased's estate when there is an application for dependant support. Section 72 of the SLRA, also known as the "claw-back" provision, provides that certain assets that would otherwise not form part of an estate are deemed to be part of a deceased's estate for determining dependant support claims. In particular, courts can consider and use the following "non-estate" assets to determine the appropriate amount of support:
(a) gifts made by the deceased in contemplation of death;
(b) money deposited in an account in the name of the deceased in trust for another or others with any bank, savings office, credit union or trust corporation, and remaining on deposit at the date of the death of the deceased;
(c) money deposited in an account in the name of the deceased and another person or persons and payable on death under the terms of the deposit or by operation of law to the survivor or survivors of those persons with any bank, savings office, credit union or trust corporation, and remaining on deposit at the date of the death of the deceased;
(d) any disposition of property made by a deceased whereby property is held at the date of his or her death by the deceased and another as joint tenants;
(e) any disposition of property made by the deceased in trust if the deceased had a right to revoke the disposition;
(f) any amount payable under a policy of insurance effected on the life of the deceased and owned by him or her;
(f.1) any amount payable on the death of the deceased under a policy of group insurance; and
(g) any amount payable under a designation of beneficiary under Part III of the SLRA
Pursuant to subsections 72(1)(f) and 72(1)(g), amounts payable under a life insurance policy or under a designation of beneficiary can be clawed back into the estate. In the recent Ontario Superior Court of Justice decision, Cotnam v. Rousseau, the court held that pre-retirement death benefits1 can also be clawed back into the estate.
Cotnam v. Rousseau, 2018 ONSC 216
In this case, the Applicant ("Shelley"), a child of the deceased, made a claim for dependent support under section 58 of the SLRA. Shelly suffered from developmental delay and remained a dependant of the deceased into her adulthood. The estate had a nominal residual estate value and the main issue before the court was whether the deceased's pre-retirement death benefit, valued at $368,288.53, could be "clawed" back into the estate pursuant to section 72. The Respondent was the deceased's second-wife who, according to the Pension Benefits Act ("PBA"), was the recipient of the pre-retirement death benefit based on her status as the deceased's "spouse".
The Applicant argued that pre-retirement death benefits constitute an "amount payable under a designation of beneficiary" as set out in section 72(1)(g) and should therefore be included in the estate and used for calculating her claim. On the other hand, the Respondent resisted inclusion of the benefit on the basis of section 48(6) of the PBA, which provides that if the member has a spouse at the time of his or her death, then the spouse has priority and is to receive the benefit over a designated beneficiary. Thus, the Respondent argued that she was entitled to the benefit based on her status as a "spouse", not as a "designated beneficiary" (even though she also happened to be the designated beneficiary under the pension plan).
There was only one prior decision that considered the interaction between section 72 and spousal entitlement to pre-retirement death benefits. In Carrigan v. Carrigan ("Carrigan"), it was held that where an individual is entitled to death benefits as a spouse and not as a designated beneficiary, the death benefit cannot be clawed back into the estate.2 Notwithstanding the court's acknowledgement of the conclusion in Carrigan, Justice de Sa decided that he was not bound by it. Justice de Sa wrote:
"While I acknowledge the Respondent's position has support in the jurisprudence, I disagree with this interpretation of the interaction between section 48 of the PBA and section 72 of the SLRA. While subsection 48(6) clearly creates a statutory priority between a "spouse" and other designated beneficiaries with respect to preretirement death benefits, I do not agree that this spousal priority shelters preretirement death benefits paid to a spouse from the "claw back" provisions of the SLRA. If Parliament intended such an exception to apply to the pre-retirement death benefit, they would have been explicit in this regard."
Instead, Justice de Sa emphasized the concept of "equitable" distribution. He referred to section 62 of the SLRA, which provides a list of factors for the court to consider in determining the amount and duration of dependant support. He found that the purpose behind this section was to aim for a balancing of the deceased's assets between a spouse and other dependants. In his view, an exclusion of pre-retirement death benefits from the estate would not only be arbitrary but also unduly skew the "balancing" purpose of this section. Moreover, excluding pre-retirement death benefits from being clawed back by section 72 based on spousal priority could result in unfair outcomes in situations where an individual was only recently married prior to his or her death and had dependant children from a previous marriage and the primary asset upon his or her death was a pre-retirement death benefit. In the court's view, allowing the spouse to have all of the preretirement death benefit in these situations would be absurd if there was a claim for dependant support.
As a final point, Justice de Sa added that this decision does not mean that section 72 will necessarily interfere with all pension benefits paid to a spouse. A spouse may ultimately retain the entire pre-retirement death benefit at the conclusion of a dependant's relief application if the circumstances warrant it. However, this interpretation of the PBA and SLRA permits a court to access the pre-retirement death benefit if necessary to ensure an equitable distribution of assets.
Implications for the Future
This decision has garnered criticism from within the legal community with respect to the uncertainty it has created in the treatment of pre-retirement death benefits in dependant support applications. Prior to this decision, it was believed that a spouse of a deceased who had a preretirement death benefit would automatically receive the benefit because section 48(6) of the PBA provides that designated beneficiaries do not receive the benefit if there is an eligible spouse – the spouse's entitlement to the death benefit arises from the operation of the PBA rather than a designation by the deceased. Going forward, a spouse can no longer assume that he or she will receive such a benefit, especially if the deceased has other dependants.
Another major take-away from Cotnam is the emphasis on equitable distribution. Justice de Sa's final point was that the claw-back provision does not necessarily mean that a spouse will not be entitled to any pension benefits. Instead, section 72 allows the court to access these assets when there is a dependant support application in order to ensure an equitable distribution of assets. This suggests that, going forward, the door may be open for other types of assets not expressly listed under section 72 to be clawed back into a deceased's estate in order to ensure an equitable distribution of assets among dependants.
*The author wishes to acknowledge the assistance provided by Carling Chan, student-at-law with Boghosian + Allen LLP, in the preparation of this article.
1 A benefit under a pension plan that is paid out to another individual if the plan member dies before reaching the age of retirement.
2 2011 ONSC 585 at para. 81-82, varied on other grounds in 2012 ONCA 736.
Luciana Amaral
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HO-HO-KUS, N.J. -- Ho-Ho-Kus Unplugged is re-scheduling Pumpkinfest 2016 for the raindate of Sunday, Oct. 23, on the front lawn and side field of the HoHoKus School, from 3 p.m. to 6 p.m.
More than 300 people are expected for the big autumn celebration offering traditional fall activities such as hay rides, cider, apples and donuts face painting, games and lots of pumpkins. All food and activities are free; the pumpkins will be $5.
Entertainment will be provided by blue grass band Blue Plate Special from Ridgewood. All the food will be donated by Applebee's.
HHK Unplugged is an organization sponsored by the HoHoKus Home and School Association (HSA) that holds events all year aimed at getting families to unplug from their gadgets and get together and do fun things face to face. Other popular events have included a West Point Football game and tailgate, a trip to the Big Apple Circus, Mets games, a cappella concerts, astronomy night, a hike/food drive at Ramapo, among other activities.