In the current state of real estate law in Canada, buyers face some serious consequences when a real estate deal fails. The buyer who does not carry through on its obligations almost always loses its deposit, and may be forced to pay additional damages to the seller. That makes it very important for the potential buyer to get good advice and think carefully before signing on the dotted line.
These consequences are a topic of increasing concern whenever real estate markets are volatile. Some buyers who were overenthusiastic and regret having bid high at the top of the market may want to get out of the deal. In other cases, a buyer may not have arranged all the financing that was needed. Even if you are a careful buyer yourself, you may get into trouble if you need to sell your present property to move up to another one. The buyer of your house may fail to carry through, leaving you with insufficient funds to close the deal on the house that you agreed to purchase.
Breaches of contract in the real estate field are not treated the same as other contracts, which is why the buyer loses the deposit. In contract law in general, there is a presumption against the enforcement of penalties. Generally, the injured party is only compensated to the extent that it can show that it has suffered damages due to the buyer failing to carry through with its purchase agreement.
The standard agreement of purchase and sale provided by the Ontario Real Estate Association does not provide a buyer with a warning that the deposit will be forfeited if he fails to close the deal. All it says about the deposit is that no interest will be earned on it.
One might think that in some situations it would be unfair for the seller to keep the deposit. Suppose that the seller can quickly resell the property at an even higher price to somebody else, leaving the seller better off due to the first deal having been broken off by the buyer. Despite that benefit, the seller still keeps the deposit.
The common law on real estate deposits received a thorough review a few years ago, in a series of cases in British Columbia that I wrote about previously.
The culminating case was Tang v Zhang. A special five judge panel of the British Columbia Court of Appeal ("BCCA") re-affirmed the principle that a buyer who breaks the deal loses the deposit. The BCCA's decision has subsequently been cited with approval in numerous other court decisions, including by the Ontario Court of Appeal. The BCCA held that the vendor was entitled to keep a substantial deposit, even though the evidence showed that he had been able to re-sell the property at an even higher price in a rising real estate market, and therefore suffered no damages.
The purchaser had put down a $100,000 deposit on a $2 million residential property. He was at fault for not completing the transaction, but asked to get the deposit back after the vendor re-sold the property at a higher price. He was successful at the lower court. The lower court held that the contract had to state very clearly that the deposit was non-refundable irrespective of damages, which had not been done in Mr. Zhang's contract.
The BCCA overruled the position that the wording in the standard form contract should affect the outcome. Instead, the BCCA held that the very meaning of the word "deposit" had to be understood in terms of the historic jurisprudence on real estate deposits. For more than 100 years in Anglo-Canadian law, deposits have been non-refundable. There may be occasional exceptions, such as when the deposit is unconscionably large. There is no precise definition of that, but 25 percent has been found to be unconscionable, while 10 percent is unlikely to be.
The buyer will also lose its deposit even if it wants to complete the agreement to purchase, but has fallen into a technical violation of the agreement. This was illustrated in the recent Ontario court decision in Xu v 2412367 Ontario Limited, where Friedman Law associate Judy Hamilton acted for the vendor. This dispute was about a piece of land for development in Markham, worth over $40 million. The buyer had already paid a deposit of $1 million, and was committed to paying an additional deposit of about $2.5 million two weeks later, on September 30. The buyer ran into difficulty, because he was counting on getting money from the sale of another property, which was delayed. The September 30 deadline came and passed, and the vendor notified the buyer that it considered the deal to be cancelled. The buyer wanted to borrow money to close the deal later, but the court held that there was no obligation on the vendor to accept a late payment.
The contract in Xu v 2412367 stated, as do most real estate purchase agreements, that "time shall be of the essence." The judge followed the leading Commonwealth case on this subject, Union Eagle Ltd v Golden Achievement Ltd, a 1997 decision of the UK's Privy Council. In Union Eagle, the buyer was ten minutes late delivering a cheque (coincidentally, also due at 5 PM on a September 30th) because of being stuck in traffic. The court ruled that any failure to meet the deadline, no matter how small, entitled the seller to cancel the transaction and keep the deposit, which in that case was 10 percent of the price of an expensive apartment.
That principle had previously been accepted by the Ontario Court of Appeal in 1473587 Ontario Inc v Jackson. In that case, the Loblaw supermarket company had wanted to buy a piece of land for a new store, and through inadvertence was a few days late in delivering its cheque. The vendor had found a buyer who was willing to pay more, and was entitled to refuse to accept the late delivery of Loblaw's cheque.
The seller, as the passive party in a real estate transaction, is inherently less prone to the risks of mistake in such matters.
The seller does have some responsibilities, but it is the buyer who has the more onerous task of finding the money, and ensuring it is delivered on time. That highlights the need for buyers (and their lawyers) to take extra care so that there will be no mistakes. A buyer who is relying on getting funds from the sale of another property should consider arranging bridge financing as a back-up just in case something goes wrong. The "time shall be of the essence" term is found in the standard Ontario Real Estate Association form. A buyer who has some bargaining power may be well advised to cross out that term (but that may not be practical in a hot seller's market when there is a bidding war).
As already discussed, the vendor generally keeps the deposit even if it has suffered no losses, such as when it is able to resell the property at a higher price than the original buyer offered. However, the situation becomes even worse in a falling real estate market if the vendor can prove that it has suffered damages that exceed the amount of the deposit. The vendor may sell the property at a lower price, and the buyer who failed to carry through is responsible for the seller's loss, plus expenses.
It is possible to draft a contract to state that the deposit itself is the limit of damages, but that is not in the standard form contract. In the absence of that, the seller can sue for its actual damages. This was highlighted in another British Columbia case, Albrechtsen v Panaich, where the sale occurred after prices dropped due to the introduction of the 15 percent foreign buyer's tax. There, the original agreement had been to purchase a house for $1,260,000, and the seller ultimately sold it for $910,000. Including expenses, the court held that the defendant was required to compensate the seller for total damages of $360,000. That would require a payment of $300,000 in addition to a $60,000 deposit that the buyer had forfeited.
A few years earlier, in Gulston v Aldred, an even larger damages award of $600,000 was made in favour of the jilted seller of a $1.6 million house.
In an Ontario case, Marsland v. Hira, 2017 ONSC 5899, the buyer was in default on an agreement to purchase a house for $1.9 million in Burlington. The vendor presented evidence that home prices have fallen substantially in that area, and he would likely suffer a loss of at least $200,000. The court granted an ex parte Mareva injunction on another property owned by the defendant to provide security for the vendor's damage claim.
In these situations, the person selling the property does have to demonstrate that she mitigated her losses. She has to show that she took prudent measures in marketing it to get a reasonable price under the current market conditions. Otherwise, the seller can be accused of making an improvident sale and will not be compensated for all her claimed damages. However, the case law is also clear that the seller does not have to wait for market conditions to improve before selling the property. Selling into a weak market, even with the best effort, may result in a large loss.
In a somewhat different context, in Baradaran v Ontario, a debtor's property was sold at an auction. The price realized was about $150,000 below the property's appraised value of $1.2 million. This was found by the judge to be close enough, and so not improvident. In that case, Friedman Law associate Patrick Bakos successfully represented the party that purchased the property at the auction.
What if the Seller is the One that Breaks the Deal?
Sometimes it is the seller that has second thoughts and wants to break the deal. Empty nesters might decide to sell their house, and then have regrets because they are too attached to it. They refuse to turn over the keys when the buyer's cheque arrives. In other cases, there may be a more mercenary motive, where the seller feels that he accepted too low a bid, and could have gotten more.
Buyers are entitled to sue a seller for damages when the seller backs out. In a hot market where real estate prices are rising, the buyer is entitled to get monetary damages from the seller. The amount of the damage is the difference between the agreed purchase price, and how much more the buyer had to pay for a similar property instead of the one on which the seller reneged.
While a buyer can in principle get compensation, it is still in a less advantageous position than a seller. The seller has, of course, paid no deposit. The buyer must go to court and prove it has suffered damages of a specified amount, unlike the seller who can keep the deposit without needing to prove that it suffered any damages at all.
Suppose that the recalcitrant empty-nesters refuse to carry through on the sale in a balanced real estate market where prices are stable. In that case, the disappointed buyers would not be able to show that they had suffered damages. In theory, they could buy another similar house for the same price. They will have suffered inconvenience and delay, and may suffer mental distress. In principle, it is possible to get damages for mental distress due to a breach of contract, but the damages are difficult to prove and the amounts awarded are usually modest.
Historically, disappointed buyers in such a situation would have been able to go to court and seek "specific performance." This would be an order by the court requiring the seller to carry through with its promise and turn over the deed in exchange for the agreed payment. However, in 1996 the Supreme Court of Canada significantly curtailed this right in its decision in Semelhago v Paramadevan. That decision stands for the principle that "specific performance should not be granted as a matter of course absent evidence that the property is unique" – a somewhat subjective criterion that is not always easy to prove.
One might argue that the unavailability of specific performance ought to mean that the right of sellers to automatically keep the deposit should also be overturned. Nobody has attempted to appeal the real estate deposit issue to the Supreme Court in many decades. It is possible that the Supreme Court would recognize that the current situation is unbalanced. It could change the default rule on deposits, to be consistent with the previous change for specific performance.
However, a change in the law is unlikely to happen any time soon. For the foreseeable future, the law presents greater risks for the buyer than the seller of real estate. The lesson to take away is that buyers need to be aware that they do face these risks. They should get the right advice to ensure that the risks are controlled as effectively as possible.
The legal information in this article is of a general nature, and should not be considered legal advice to the reader.


text:
About ANRF
Understanding Arthritis
Racing for a Cure
Facebook Twitter Instagram Linkedin Pinterest Youtube
Dr. Sarah Baxter – Mapping the Genetic Landscape of Lupus
Dr. Sarah Baxter is a physician scientist working as a paediatric rheumatologist at Seattle Children's Hospital. During her pediatric residency at Seattle Children's Hospital and her time at the University of Washington, she saw firsthand how a genetic diagnosis could drastically alter care recommendations. For patients with immune deficiencies a genetic diagnosis could potentially mean targeted therapies or treatment options such as a bone marrow transplant.
Genomics is an interdisciplinary field of biology focusing on the structure, function, evolution, mapping, and editing of genomes. A genome is an organism's complete set of DNA, including all of its genes. Dr Baxter believes that genomics holds promise as a means to elucidate the diverse pathways leading to immune dysregulation and autoimmunity in patients with rheumatologic diseases. She hypothesizes that children that develop childhood-onset lupus (cSLE) have genetic immune diseases. By identifying these genetic diseases, she intends to shed light on the biologic pathways that are crucial for effectively controlling lupus disease activity and preventing further damage.
In preliminary genetic analyses of children with lupus alongside their parents, Dr Baxter identified a gene that might be causing their disease. This gene had not previously been documented to cause disease in humans. Preliminary analyses of this gene showed that the mutations present in the children with lupus cause the protein to act differently: cells with a mutant protein grow differently, and mutant protein monomers cannot form a bond with each other.
As an ANRF scholar Dr Baxter's objective is to map the genetic landscape of lupus and to clinically translate her findings in order to identify novel diagnostic and treatment options for Lupus patients. She aims to determine how the above-mentioned mutant protein alters the inflammatory response of cells. "I anticipate that genomic research will combine with future targeted therapies to transform the clinical landscape of lupus. Crucially, in patients with identified mutations, we will be able to precisely target the biologic pathway that is disturbed, and also improve our prognostication for each patient and their family members."
Connect with ANRF Today!
Stay up -to-date with the latest arthritis news, stories and info.
Charitable estate planning is financially beneficial for families and individuals of various ages and income levels, and ensures a legacy of commitment to making a difference through funding research, while supporting ANRF's mission.
Email Director of Development
19200 Von Karman Ave.
©2023 Arthritis National Research Foundation
Facebook-square Twitter Instagram Linkedin Pinterest Youtube

redpajama_set_name: RedPajamaCommonCrawl


In its 2010-11 pre-budget submission, the Minerals Council of Australia (MCA) looks for tax reform proposals that enhance the competitiveness of Australian industry, and is particularly concerned at the prospect of a "tax grab" against Australia's minerals sector.
"The minerals industry is not a milch cow for repairing the Budget or for other policy objectives such as reforms to state and company taxes or the social security tax interface," he added.
The MCA confirmed that the mining industry already makes a significant contribution to tax receipts in Australia, with total taxes paid by companies and individuals estimated at around AUD21bn (USD18.8bn) in 2008-09 – more than double the amount in 2005-06.
The MCA believes that changes in taxation and royalties must not undermine the basis upon which long-run investment decisions have been made. Any changes should apply only to prospective investments, not to investments that have already been made.
In opposing the CPRS legislative package, the MCA advocates a better alternative based on a phased approach to the auctioning of permits. The failure of the Copenhagen meetings implies that substantial additional global action is needed before Australia adopts policy measures that impose new costs on trade exposed industries.
It adds that, as "the result will be a more complicated program with higher compliance burdens and reduced incentives for innovation activity, especially at the critical planning stage of projects," the MCA will be urging that the government makes significant changes.


text:
COVID-19 vaccine side effects: What to know
The news about the coronavirus vaccine has been positive lately. Many health care workers around the country received their first dose of the Pfizer-BioNTech vaccine after it acquired emergency use authorization (EUA) from the U.S. Food and Drug Administration (FDA) on Dec. 11. A second vaccine, from biotech firm Moderna, is on the cusp of clearing the same regulatory hurdle, and if all goes as expected, as many as 20 million Americans could be vaccinated against COVID-19 before the end of the year.
While it may take a while for production to ramp up to the point where a vaccine is readily available to the general public, health experts say there is one thing that's critical for people to understand before they roll up their sleeves for the shots: The vaccines may cause side effects. According to the FDA, the most common side effects among participants in both the Pfizer-BioNTech and Moderna phase 3 clinical trials were:
Injection site pain
However, these reactions are "temporary," and they "self-resolve" within a few days, says Wilbur Chen, M.D., a professor of medicine and chief of adult clinical studies at the Center for Vaccine Development and Global Health at the University of Maryland. Even so, it's "ultracritical" that health experts are transparent with the public about what to expect.
"Where a mistake could be made is in people being surprised or not being prepared for side effects," adds William Moss, M.D., executive director of the International Vaccine Access Center at the Johns Hopkins Bloomberg School of Public Health.
Transparency builds trust
One reason: public trust. Polls show that as many as 42 percent of Americans say they are unwilling to get a coronavirus vaccine when one becomes available, for reasons spanning the unprecedented speed of the vaccines' development to a general mistrust of vaccines. People are also concerned about potential side effects from the shots, according to a recent Pew Research Center survey, making it "critically important" for health experts to be upfront about all the possibilities, Moss argues.
Another reason people need to know about any potential side effects: Both the Pfizer-BioNTech and Moderna vaccines require two doses, given a few weeks apart. And unanticipated side effects from the first shot could deter people from going back for the second, which is needed to "get the most protection the vaccine has to offer," the Centers for Disease Control and Prevention (CDC) points out.
"We don't know what happens after a single dose," Moss says. "Certainly we can't expect [that one dose will confer] the high degree of protection" that both doses demonstrated in phase 3 clinical trials. (Pfizer's vaccine, for example, was found to be about 52 percent effective after the first dose; effectiveness jumped to 95 percent after the second.)
"So it's really important that people get two doses and not be thrown off or discouraged," Moss adds.
Finally, knowing that a sore arm or a fever is a possible side effect helps ease public alarm, says Hana El Sahly, M.D., associate professor of molecular virology and microbiology at Baylor College of Medicine. If someone experiences an unpleasant, but expected, response, "they can take some symptomatic treatment and have reassurance and minimize their anxiety around the vaccine," she explains.
Side effects are not unique to COVID-19 vaccine
Side effects from vaccines are not uncommon. The seasonal flu shot, for example, can cause fever and fatigue, among other reactions. And the vaccine to prevent shingles can induce shivering, muscle pain and an upset stomach, to name a few.
In some ways, these mild to moderate reactions are "a good thing," Moss says, because "it's a sign that the immune system is responding to the vaccine." Nevertheless, they shouldn't be downplayed. For some people, a sore arm "is a big deal," Chen points out. Reactions from the coronavirus vaccine may even cause recipients to miss a day or two of work.
The key, experts say, is to weigh the temporary discomfort against the long-term benefits: a potentially high level of protection from a disease that has uprooted everyday life for many of us and has killed more than 1.6 million people globally.
"We are willing to tolerate discomfort in other aspects of our life — many people exercise and have muscle aches afterward, and don't say, 'I'm never going to exercise again,' " Moss points out. "There are just many aspects of our lives where we need to be willing to make the trade-off for some degree of discomfort for a longer-term gain."
It's also important to keep in mind that the majority of reactions occur shortly after vaccination, so "there is a degree of reassurance" that the side effects reported in the clinical trials are likely the extent of any unpleasant short-term reactions, El Sahly says.
Older adults could experience fewer side effects
An interesting finding from the Pfizer-BioNTech and Moderna clinical trials is that while the vaccines seem to be just as effective in older adult participants, people 65 and older experienced fewer side effects than younger volunteers.
Researchers are still studying why this is the case, but it could have something to do with the declining immune response that comes with age. Because the coronavirus vaccine can provoke "a little bit of an inflammatory response," Chen says, it may be that older adults react less to the medicine if they have "a blunted immune response already."
Reports of a few adverse events
Federal analyses of both vaccine trials show that few adverse events — which the CDC defines as any health problem that happens after a shot — separate from the less serious side effects were reported. Swollen lymph nodes (lymphadenopathy) occurred in a small portion of the participant population. And four people who received Pfizer's vaccine and three who received Moderna's developed Bell's palsy, which, in most cases, causes temporary weakness or paralysis in the face.
FDA scientists have said that the documented cases of Bell's palsy are "consistent with the expected background rate in the general population" and that "currently available information is insufficient to determine a causal relationship [between Bell's palsy and] the vaccine." However, the situation is worth monitoring, health experts say.
What's more, since the start of Pfizer's vaccine rollout, two people in Great Britain and one person in Alaska have experienced severe allergic reactions after being vaccinated. The FDA is warning health care providers not to administer the Pfizer-BioNTech vaccine to individuals with a known history of a severe allergic reaction to any component of the product.
It's important to keep in mind that these reactions, though serious, are relatively rare, seeing how tens of thousands of people have been inoculated with one of the two vaccines. "It's a warning for a very small number of people," says Barry Bloom, professor of public health in the department of immunology and infectious diseases at Harvard's T.H. Chan School of Public Health.
If you're concerned that your allergies could trigger a severe reaction to a coronavirus vaccine, talk to your doctor. And consider getting your vaccine in a medical setting, in case you do react.
"Most people can get the vaccine at pharmacies or a variety of different places. For people who've had allergic reactions, it's a reason why they should talk to their doctor first — they [may] want to go to a place that's more equipped for serious allergic reaction," Karyl Rattay, director of the Delaware Division of Public Health, said in a recent news conference.
Safety monitoring doesn't stop when vaccines become available
Just because the vaccines have expanded from trial participants to the public doesn't mean monitoring for them will stop. Individuals who receive the vaccines will continue to be watched for long-term side effects and adverse events or disease. This follow-up will also give researchers more information on how long immunity to COVID-19 lasts after vaccination.
Something else that won't stop when the vaccines are rolled out: the recommendation that people continue the prevention efforts that can help slow the spread of the disease, including mask wearing, social distancing and frequent handwashing. That's because it typically takes a few weeks for the body to build immunity to a disease after vaccination, according to the CDC, meaning it's possible you can get sick with COVID-19 even after you've been vaccinated. Plus, experts still aren't sure whether the vaccines, which are highly effective at preventing COVID-19, block transmission of the virus.
Finally, it takes time to build up what Chen calls "community immunity," or herd immunity, where enough of the population is protected from the virus that transmission slows significantly. Experts are not sure what the magic number is to obtain herd immunity for COVID-19, but they estimate it's somewhere around 70 percent of the population, which could take months to achieve through vaccination.
Source: AARP
Related Topics:Covid-19
Ariana Grande announces engagement, shows ring on Instagram
Watch: Cardi B gifts Offset a Lamborghini for his 29th birthday
HARD Summer Music Festival Announces Return to Los Angeles After 10 Years
Today, HARD Events has announced the grand return of HARD Summer Music Festival to the City of Angels for the first time in ten years. Taking place in Downtown Los Angeles from August 5th-6th, the milestone fifteenth edition of HARD Summer will utilize a brand new venue combination with various stages spread out across the campuses of the historic Los Angeles Memorial Coliseum, Exposition Park, and BMO Stadium.
Since its debut edition in 2008, HARD Summer has become a staple of the Southern California festival scene with its return to LA showcasing the evolution of the festival in an entirely new setting. As a part of the iconic LA Coliseum's centennial anniversary celebration, the 2023 edition will provide attendees with a brand new take on the multi-genre HARD Summer experience.
"We are thrilled to host HARD Summer's return to Los Angeles as part of our centennial anniversary celebration," said Joe Furin, General Manager of the LA Coliseum. "As home to the most iconic events in the world, this festival is an exciting addition to our 100-year history."
HSMF's new home will offer a fully immersive footprint for fans of many genres and styles to explore. Admirers of dance music's biggest mainstage acts can hold it down at the HARD Stage at the Green Lot on the south side of BMO Stadium, while followers of more esoteric strains of house and techno can see their favorite global icons on the Pink Stage at Christmas Tree Lane Park. Multi-genre curation will triumph on the HARDER Stage on the South Lawn, where mind-blowing headlining performances from the industry's foremost titans have become commonplace. Bass music devotées can ride the rail at the festival's Green Stage inside the LA Memorial Coliseum, while a spotlight will continue to be shined on live acts and new subgenres du jour at the Purple Stage inside BMO stadium.
HARD Summer continues to invest in creating a comfortable experience for attendees, with this never-before-used venue complex providing the perfect canvas to expand this mission. Fans can hop on the LA Metro for an easy journey to and from the event, or taste some of the city's most celebrated food vendors at the foot of the Coliseum Torch.
HARD Summer will also be hosting a series of official afterparties at premiere venues around Los Angeles, offering a true city-side takeover. More afterparty details will be announced closer to the festival.
Two-day festival passes will be available for purchase on February 3rd at 10am PT through the official website for HARD Summer. To celebrate the festival's return to the 213 area code, fans can also secure passes with a $2.13 deposit on February 3rd for one day only.
More information will be announced regarding the lineup for the 2023 edition of HARD Summer, along with additional festival details in the forthcoming months. Stay tuned for more info.


Friday, Sept. 21, at the Rubin Museum of Art in NYC, is a party for the digital release of the amazing compilation of Allen's life recordings, Holy Soul Jelly Roll. I was lucky to join Allen for the release tour, just the two of us, him singing, reading, harmonium and me singing, fiddle, guitar, banjo and dobro when angel-voiced friend Steven Taylor ended up on tour in Italy with The Fugs. The tour was heavily publicized, several Days at McCabes (shout out to John Chelew), Viper Room (Johnny Depp), City Lights (Lawrence Ferlinghetti , and the incomparable Shig Murao), The Presidio, I still have set lists and notes from shows.
First night at McCabes Joni Mitchell was there, Rick Rubin and Donovan hung backstage before the show while we tuned up and made our set, the room was vibrating. Corso joined us one show, busting an amazing "Wild Nights" that brought Emily Dickinson into the room wrapping around the strings of lutes, 12 strings, banjos, ouds. I was pretty much a kid.
At The Viper Room, because the show would be taped and broadcast by major networks, production crew spent tons on a stage set to look like a stuffy Harvard Library… complete with a cumbersomely dark throne for Allen, which they proudly invited him to sit in. In the most unassuming language, Allen quickly informed them he had to have a standard metal folding chair, nothing else, upsetting the whole design, quite perfectly in one fell swoop, old pond frog jumps in kerplunk.
A true to form Tim Leary schmoozed Allen and whoever else, while a knowing Exene Cervenka, oh so brightlove Exene, gave me a half hour download on hype and scenester transcendence. Some young blonde with Tim lost her breakfast before the show started almost on Allen.
We flew into SF, my first time there ever with Ginsberg as my tourguide, Allen took photographs of my hands with his old Leica. We talked movement building and Buddhism, nonviolence, the bankruptcy of commercial media and art as agents of social change, the next, the future, the global human rights movement that needed to be cultivated and grown.
On the ground, Allen told stories, this happened here, here's where this, this this and beautiful Shig Murao, who without saying a word tells you the most sublime poem. Danielle from Gwar with me there, at Shigs house. We came in too late and made too much noise, and decided to move to a hotel. Before the show at the Presido, Jello Biafra joined me and Allen for dinner – fresh off his MRR leg breaking and not totally solid healed, he chewed a cold rare steak with an open mouth while talking politics. Allen and I sipped miso's. Jello knocked a home run with that steak for a bat when he joined us on stage that night.
I would never be the same again, I'd seen too much cool humbled by Allen's presence – I'd never be phased by false Hollywood pretenses poser rokstars media, yet, only to be always in service to the moment, open to everyone and thing around us, putting one's shoulder to the wheel.