text:
Decision Content
Supreme Court of Canada
Webb & Knapp (Canada) Limited et al. v. City of Edmonton, [1970] S.C.R. 588
Date: 1970-03-02
Webb & Knapp (Canada) Limited and Western Pacific Projects Ltd. (Plaintiffs) Appellants;
The City of Edmonton (Defendant) Respondent.
1969: May 2, 5, 6, 7; 1970: March 2.
Present: Cartwright C.J. and Abbott, Ritchie, Hall and Spence JJ.
Contracts—Copyright—Agreement whereby land developer to prepare plan for civic centre—Plan to become property of city if not adopted—Council rejecting plan and at same time approving commissioners' plan—Use made of developer's plan in preparation of commissioners' plan—Breach of copyright—Measure of damages.
The plaintiff W (a land development company) and the defendant municipality executed an agreement under which W was to spend an estimated $100,000 on the preparation of a plan for the defendant's proposed civic centre area. If the plan was accepted, the city was to make available to W a large area of land for private development purposes. If the city council did not adopt the plan, then the plan and the plan material were, from the time of such decision, automatically to become the property of the city. A plan, as contemplated by the agreement, was prepared and delivered to the
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city, and W incurred expenditures in its preparation which exceeded the amount contemplated in the agreement. Some three months later the plan was rejected at a meeting of the city council. At the same meeting the council approved a plan of the city commissioners, in the preparation of which use had been made of the plan and materials of W.
W brought an action claiming $2,000,000 as damages for breach of contract or in the alternative for breach of copyright, with further alternative claims in quantum meruit. The action was dismissed at trial, and, on appeal, the Appellate Division upheld, but for different reasons, the judgment of the trial judge. W then appealed to this Court.
Held: (Abbott and Ritchie JJ. dissenting): The appeal should be allowed.
Per Cartwright C.J. and Hall and Spence JJ.: The appellant was entitled to damages for breach of copyright. The city did not just elect not to adopt W's plan. When the plan was submitted, the city instructed its commissioners to evaluate it. The commissioners proceeded to do so, but they did not merely evaluate the plan, and instead of reporting back to council recommending either adoption or rejection, they submitted a plan of their own which was substantially W's plan in a modified form. This use of W's plan and plan material occurred prior in time to the city's election not to adopt W's plan, and this was clearly a breach of W's copyright.
The fact that the assessment of the damages was difficult was no ground for awarding nominal damages. The rule against recovery of uncertain damages was directed against uncertainty as to the cause rather than as to the extent or measure. There was no uncertainty as to cause in the instant case. The breach of copyright was beyond question and damages were assessed at $50,000.
Per Abbott and Ritchie JJ., dissenting: There could be no damages for breach of copyright. The clause in the agreement providing that the property in the plan in the event of its non-acceptance should be in the city rebutted any intention on the part of W to keep a copyright interest in the plan.
[Chaplin v. Hicks, [1911] 2 K.B. 786; Wood v. Grand Valley Railway Co. (1915), 51 S.C.R. 283; Meikle v. Maufe, [1941] 3 All E.R. 144; Messer v.
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J. Clark & Son Ltd. (1961), 27 D.L.R. (2d) 766; Kranz v. McCutcheon (1920), 18 O.W.N. 395, referred to]
APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division[1], dismissing an appeal from a judgment of Riley J. Appeal allowed, Abbott and Ritchie JJ. dissenting.
W.H. Hurlburt, Q.C., and J.N. Agrios, for the plaintiffs, appellants.
A.F. Macdonald, Q.C., and P.M. Owen, Q.C., for the defendant, respondent.
The judgment of Cartwright C.J. and Hall and Spence JJ. was delivered by
HALL J.—This is an appeal from a decision of the Appellate Division of the Supreme Court of Alberta1 upholding, but for different reasons, the judgment of Riley J. dismissing the appellants' action against the City of Edmonton arising out of an agreement entered into between the parties dated October 20, 1961. Although two corporations are named as appellants in these proceedings, only Webb & Knapp (Canada) Limited (hereinafter called "Webb & Knapp") actually prosecuted the appeal.
In the spring of 1961 Webb & Knapp were in the final stages of the development of Place Ville Marie, Montreal, and were looking for new opportunities to make use of its development team. Canadian National Railways, one of the parties with whom Webb & Knapp were associated in the development of Place Ville Marie, suggested that an opportunity for development might exist in the city of Edmonton and encouraged Webb & Knapp to enter into discussions with the City of Edmonton. As a result, Mr. David S. Owen, a vice-president of Webb & Knapp, went to Edmonton and had discussions with the then mayor, Dr. Elmer Roper, and other civic officials. Following upon these discussions, Mr. Owen appeared before the Edmonton city council on August 17, 1961. Later, on August 29, 1961, he discussed with the city council a proposal that Webb & Knapp would spend $100,000 of its own funds to prepare for the City of Edmonton a plan for
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the development of the civic centre area. The city council approved in principle the proposal then put forward. A draft formal agreement was prepared by the solicitor for the City of Edmonton and considered by council on September 25, 1961. The draft, with some amendments, was approved. Subsequently and in accordance with the resolution of council, the city solicitor prepared a formal agreement dated October 20, 1961. The City of Edmonton and Webb & Knapp executed the agreement under their corporate seals. The agreement is reproduced in full in the judgment of Cairns J.A. at pp. 126-30. Certain clauses of particular importance in this litigation read as follows:
1. The Company will at its sole cost and expense within 120 days after execution of this agreement cause to be prepared a plan and plan material for the Civic Centre area of Edmonton as the said area is shown enclosed by a green line on the attached map which is hereby made Appendix A to this agreement at a cost estimated by the Company to be $100,000.
(1) The plan will include objective proposals for a balanced development of the civic centre that blends municipal, community and commercial elements along lines consistent with the general approach approved by City Council on May 13, 1961 and adopted in principle when Civic Centre Study Progress Report No. 1 dated May 31, 1961 was approved by Council.
(2) The plan will include a timed program with a sequence in which certain developments on any land made available to the Company as provided for in Section 7 of this agreement are to take place and the Company will indicate what it will contract to do within the timed program and when it will undertake the work. It is agreed that this timed program will contemplate alternatives and will necessarily have some flexibility.
2. (1) The plan above referred to will be evolved by the Company by means of planning, architectural and engineering services utilizing the services of I.M. Pei and Associates, Architects and Planners of Montreal and New York, who will utilize the services of a local Edmonton firm, and Company personnel and consultants will consult to the extent
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deemed appropriate by the City Commissioners with the City and its staff and the consultants presently employed by the City to develop the City centre plans.
3. (4) City Council may refuse to adopt the plan whether in its original form as presented or as modified after one or more discussions of the plan have been undertaken by City Council.
4. When the plan and its supporting plan material have been presented by the Company to City Council and if the Council has reached a decision that Council will not adopt the plan then the plan and the plan material will from the time of such decision automatically become the property of the City.
5. (1) If City Council votes to adopt the plan as put forward by the Company then the City will promptly initiate a Development Scheme under the powers in Sections 73 to 79 of the Town and Rural Planning Act or other applicable legislation with the object of carrying out the plan and if such plan is legally initiated the parties will abide by its terms unless by mutual consent the terms are varied.
7. (1) If the plan after discussion and possible modification is accepted by Council and the development scheme that embodies the plan is in force, then the Company will be entitled to purchase from the City and the City will sell to the Company at a price which is, in the opinion of the Council, based upon professional appraisals, the fair actual value thereof, or in the case of expropriation, at not less than the total cost thereof to the City, sufficient lands within the plan area to enable the Company to build thereon up to 50 percent of the floor space of buildings of a non-public character as shown in the plan, provided always, however, that if the Company so purchases the said lands it shall agree to carry out construction of a type and at a time or times provided by the accepted plan.
8. Nothing in this agreement is intended nor shall it be construed as granting any rights to the Company to undertake any developments within the Edmonton civic centre area unless and until two conditions precedent have been accomplished by the parties, namely acceptance of the plan by the City and successful introduction of a development scheme of the type contemplated by the Town and Rural Planning Act of the Province of Alberta.
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Clause 8 quoted above is of importance in determining the rights of the parties in the light of the events which subsequently took place.
Under the agreement Webb & Knapp were to spend an estimated $100,000 on the preparation of a plan for the civic centre. The plan was by para. 2 to include a timed program of development of the lands which would indicate what Webb & Knapp would contract to do within the timed program and when it would undertake the work.
Subsection (4) of clause 3 which reads:
City Council may refuse to adopt the plan whether in its original form as presented or as modified after one or more discussions of the plan have been undertaken by City Council.
provided that the city could refuse to adopt the plan and in this connection it will be noted that the word "adopt" is used in reference to the plan in clauses 3, 4 and 5(1) and the word "accept" is used in clause 5(2). In the context in which they were used in the agreement, these words are synonymous. Clause 5(1) required the city, if it adopted the plan, to promptly initiate a development scheme under the powers in ss. 73 to 79 of The Town and Rural Planning Act, R.S.A. 1955, c. 337, or other applicable legislation. It was, accordingly, only after the plan had been adopted within the meaning of clause 5(1) that the city became obligated to initiate the development scheme.
As will be noted under clause 4, if the city council did not adopt the plan, then "the plan and the plan material will, from the time of such decision, automatically become the property of the City." This stipulation becomes of importance on the alleged breach of copyright aspect of the case which will be dealt with separately.
Webb & Knapp prepared a plan and materials as contemplated by the agreement between the parties and delivered the plan and materials to the city on March 15, 1962, the 120-day period provided for in clause 1 of the agreement having been extended by the city.
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Webb & Knapp contends that the plan was in accordance with the agreement and fulfilled all the requirements of the agreement. The city says that the plan was deficient in that the timed program contemplated by clause 1(2) was not included.
It is common ground that Webb & Knapp incurred out-of-pocket expenses of $138,484.90 in preparation of the plan plus an additional amount of $24,585.81 which is called "management expense".
At a meeting on March 22, 1962, the city council instructed the city commissioners to evaluate the plan as submitted. Pursuant to these instructions, the commissioners, with the assistance of their experts and I.M. Pei, referred to in clause 1(2) of the agreement, spent about three months reviewing the plan and the whole subject-matter of the development of a civic centre. The commissioners came to the conclusion that the plan as submitted by Webb & Knapp was not economically feasible. Their report, which was given to council on June 25, 1962, was very long and detailed (ex. 16 at the trial). The report included the following paragraph:
As the City's examination of the plan proceeded, it became apparent that certain of the proposals could not be economically justified, and several modifications seemed warranted. As mentioned earlier, it is clear that Webb & Knapp has submitted its "final" plan. A program of adoption and implementation by the City will have to be based upon a specific plan, and, as mentioned, the plan to be recommended will not be that submitted by Webb & Knapp. Adoption of any plan other than that submitted by Webb & Knapp will not legally involve any further special obligation to that Company even though the new plan might contain most of the important concepts of the originally submitted plan.
(Emphasis added.)
In their report, the commissioners made the following recommendation, amongst others, to the city:
For all the reasons set forth above, your Commissioners recommend that the City of Edmonton does
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not officially adopt the plan submitted by Webb & Knapp (Canada) Limited pursuant to the Memorandum of Agreement dated October 20th, 1961.
Having reviewed the matter to this point in time, Cairns J.A. said in his judgment that:
It appears clear that the City through Council by not officially adopting the plan did in fact reject it. This was their right under the contract and at this point the contract came to an end, it having been terminated strictly pursuant to the terms thereof.
Cairns J.A. had earlier in his reasons said:
What was the obligation of the City? In para. 7(1) it was provided that if the City "accepted" the plan the Company was to be entitled to purchase sufficient lands to build thereon up to 50% of the floor space of buildings of a non-public character as shown on the plan.
Another very important provision in the Agreement is contained in para. 4 to the effect that if the City reached a decision not to "adopt" the plan, the plan material from the time of such decision should become the property of the City.
Then we have a most important clause, namely, clause 8, where it is provided that two conditions must be fulfilled before the Company obtained any rights under the contract to undertake any development within the civic centre. Firstly the acceptance of the plan by the City and, secondly, successful introduction of a development plan contemplated by The Town and Rural Planning Act, ss. 73 to 79. The whole case turns on what happened under this clause. The City argues firstly that the plan was not accepted by it, and secondly the plan was never introduced under the Planning Act as this could not be introduced because the plan or scheme was deficient in that it did not include the timed planning proposals to which I have already alluded. The Company argues that the plan was in fact accepted and that the delivery of a timed program was delayed or waived.
I deal firstly with the second condition. There is no doubt that the plan did not contain a timed program and no development scheme was presented under the Act. As I have already pointed out in answer to this, the Company says that the provision was waived by Commissioner Hamilton. It is my opinion that even if he did so there was no authority vested in the Commissioner to change the terms of
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the contract. The City did not delegate this power to him and the contract could only be changed or varied by resolution of Council as a City can only act by resolution or bylaw. Section 261 of The City Act is as follows:
261. (1) The council shall act in the exercise of its powers and duties by resolution or by bylaw.
(2) The council may exercise any of its powers and duties by resolution except where a bylaw is required by the provisions of this Act.
(3) The council may exercise by bylaw any of its duties and powers that this Act permits it to exercise by resolution.
In Rogers The Law of Canadian Municipal Corporations the learned author states at p. 224:
Councils can only exercise the powers of the corporation which they represent by action in the proper form, either by resolution or by-law passed at a regularly constituted meeting by a majority of the councillors present provided that a quorum is constituted. Like all corporations, a municipality can only be bound in the manner prescribed by law. Generally, where the municipality has a governing body, the inhabitants have no power to bind the corporation. Moreover, individual actions of council members are without any binding force unless ratified. The authorized acts done by the council as a whole are not those of its members individually but are those of the corporation. The members cannot make a decision valid and binding on the corporation by their assent individually and separately, although unanimously expressed. They must give a collective judgment as a body and not as individuals; such assent must take the form of a by-law or resolution.
As the authority for this provision the learned author cites Anderson v. The Municipality of South Vancouver (1911) 45 S.C.R. 425, and in particular the judgment of Duff J. (as he then was), at p. 442. Later the learned author states at p. 251:
Even where such powers are within the legitimate scope of its powers, the corporation can only be bound by acts of its council duly authorized in the manner prescribed by law, that is, by resolution or by-law passed at a regularly constituted meeting of the council.
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This quotation was approved by Smith C.J.A. in delivering the judgment of himself, MacDonald and McDermid JJ.A. in the Court of Appeal of the Northwest Territories in Gold Range Hotel Ltd. v. Plains-Western Gas & Electric Company Limited, 50 W.W.R. 654. Here the learned Chief Justice at p. 662 states:
I am quite satisfied that a corporation such as the municipal district of Yellowknife cannot be bound by an agreement such as the one of May 1, 1959, neither authorized nor ratified by resolution or bylaw of the council. My view is that Anderson v. South Vancouver (Mun.) (1911) 1 W.W.R. 728, 45 S.C.R. 425, 20 W.L.R. 434, reversing 18 W.L.R. 373, 16 B.C.R. 401, justifies the statement of the author of Rogers on The Law of Canadian Municipal Corporations, vol. 1, at p. 251, that: (Here follows the quotation that I have cited from Rogers).
On these authorities I am satisfied that the contract could not be amended or varied without a resolution of council, and that being so, the second condition referred to above was never fulfilled and the contract at that point became unenforceable by Webb & Knapp.
In my opinion Cairns J.A. was right on both issues. Although the evidence shows that the city did continue to negotiate with Webb & Knapp, no new agreement was ever actually arrived at. Accordingly the appellant's action under the agreement for the damages as claimed cannot succeed.
However, that does not terminate the whole matter in issue between these parties. In its statement of claim, Webb & Knapp claimed in the alternative damages in the amount of $2,000,000 for breach of copyright.
On this issue of breach of copyright, counsel for the city, at the opening of his argument on this branch of the appeal, stated that in the circumstances of this case and under the terms of the agreement between the parties, while ownership of the plan and plan material prepared by Webb & Knapp passed to the city under clause 4 of the agreement, the ownership of the copyright in the plan remained with Webb & Knapp. The position of the respondent on this issue was stated by counsel to be:
1. That ownership of the copyright remained in Webb & Knapp;
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2. However, in this instance, there was in fact no breach of the copyright; and
3. That, in any event, even if their was a breach, the damages were not substantial but only nominal.
The evidence clearly establishes that the city did use the plan and materials of Webb & Knapp in the preparation of the commissioners' plan submitted to council on June 25, 1962, which council acted upon and approved by the resolution adopted as follows:
That Council approve in principle the Civic Centre Development Plan and program dated June 25th and concur with the Commissioners' recommendations contained therein and also instruct that the resolution be prepared as required by Sections 73 to 79 of The Town and Rural Planning Act which is necessary to implement the program.
It is to be observed that much use was made of the Webb & Knapp plan and materials prior to the date on which city council accepted the recommendation of the commissioners that the City of Edmonton should not officially adopt the plan submitted by Webb & Knapp. A perusal of the commissioners' plan which was approved at the meeting of council on June 25, 1962, shows the extent and the degree in detail that the commissioners copied from the Webb & Knapp plan and materials which was given to the city on March 15, 1962, but not rejected until June 25, 1962.
There was a significant breach of copyright in the period between March 22, 1962, and June 25, 1962, by the city commissioners and their acts in so doing were ratified by council on June 25, 1962, when it approved the civic centre development plan and program, concurred with the commissioners' recommendations in respect thereto and instructed that the resolution as required by ss. 73 to 79 of The Town and Rural Planning Act be prepared to implement the program. The commissioners were, of course, entitled to study and evaluate the Webb & Knapp plan and plan materials and to suggest modifications but not to use the plan and materials as the basis of a plan of their own.
What was the situation in the instant case? Webb & Knapp were necessarily taking a gamble in agreeing to spend an estimated $100,000 on
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the prospect that the city would adopt its plan. If the city did adopt the plan Webb & Knapp stood to reap substantial financial benefits. If the plan was not adopted Webb & Knapp stood to lose the sum of $138,484.90 it actually expended in the preparation of the plan. Had the city merely exercised the right it had under the contract not to adopt the plan that would have been the end of the matter. The plan and the plan material would, under clause 4, have become the property of the city. It would then have had the property rights but not the copyright in the plan.
But the city did not just elect not to adopt the plan. It instructed its commissioners at the meeting on March 22, 1962, to evaluate the plan. The commissioners proceeded to do so, but they did not merely evaluate the plan, and instead of reporting back to council recommending either adoption or rejection, they came to the meeting on June 25, 1962, with a plan of their own which was substantially the Webb & Knapp plan in a modified form. This use of the Webb & Knapp plan and plan materials occurred prior in time to the city's election not to adopt the Webb & Knapp plan, and, as stated, this was clearly a breach of the Webb & Knapp copyright. The city, in accepting and acting upon the recommendations of its commissioners, was purporting to accept without compensation the entire benefit of the expenditure made by Webb & Knapp and eliminating Webb & Knapp from the picture by not adopting the plan but still utilizing the ideas and overall scheme of development which the plan envisaged.
Webb & Knapp are, therefore, entitled to damages for this breach of copyright. The amount to be awarded presents a question of difficulty. The leading case dealing with the assessment of damages in an analogous situation where compensation is difficult to arrive at appears to be Chaplin v. Hicks[2]. Regarding this case, Davies J. in this Court, in Wood v. Grand Valley Railway Co.[3], said at p. 289:
An attempt was made to minimize the extent and meaning of that judgment of Chaplin v. Hicks, but
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the weight to be attached to it not only consists in the exact point there decided, but also in the personnet of the court and the reasoning by which they supported their conclusion.
In Chaplin v. Hicks, Vaughan Williams L.J. said at p. 792:
In early days when it was necessary to assess damages, no rules were laid down by the Courts to guide juries in the assessment of damages for breach of contract; it was left to the jury absolutely. But in course of time judges began to give advice to juries; as the stress of commerce increased, let us say between the reigns of Queen Elizabeth and Queen Victoria, rule after rule was suggested by way of advice to juries by the judges when damages for breach of contract had to be assessed. But from first to last there were, as there are now, many cases in which it was difficult to apply definite rules. In the case of a breach of a contract for the delivery of goods the damages are usually supplied by the fact of there being a market in which similar goods can be immediately bought, and the difference between the contract price and the price given for the substituted goods in the open market is the measure of damages; that rule has been always recognized. Sometimes, however, there is no market for the particular class of goods; but no one has ever suggested that, because there is no market, there are no damages. In such a case the jury must do the best they can, and it may be that the amount of their verdict will really be a matter of guesswork. But the fact that damages cannot be assessed with certainty does not relieve the wrong-doer of the necessity of paying damages for his breach of contract.
and Fletcher Moulton L.J. said at p. 794:
The Common Law Courts never enforced contracts specifically, as was done in equity; if a contract was broken, the common law held that an adequate solatium was to be found in a pecuniary sum, that is, in the damages assessed by a jury. But there is no other universal principle as to the amount of damages than that it is the aim of the law to ensure that a person whose contract has been broken shall be placed as near as possible in the same position as if it had not. The assessment is sometimes a matter of great difficulty.
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On the specific question of the measure of damages for breach of copyright, Uthwatt J., in Meikle v. Maufe[4], said at p. 153:
In Chabot v. Davies, [1936] 3 All E.R. 221, a case of infringement of an architectural work, Cross-man, J., after stating that presumably damages were to a certain extent at large, proceeded on the basis of considering what sum might fairly have been charged for a licence to use the copyright for the purpose for which it is used. It appears to me that the consideration on which Crossman, J., proceeded is a sound basis from which to begin, but that one is entitled to take into account all the surrounding circumstances in exactly the same way as one is entitled to do in the case of the invasion of a common law right of property.
The fact that assessment is difficult is no ground for awarding nominal damages: Messer v. J. Clark & Son Ltd.[5] The broad general rule is that damages which are uncertain, contingent and speculative in their nature cannot be made a basis of recovery; but this rule against recovery of uncertain damages is directed against uncertainty as to the cause rather than as to the extent or measure: Kranz v. McCutcheon[6]. There is no uncertainty as to cause in the instant case. The breach of copyright is beyond question. The commissioners did not use the Webb & Knapp plan and plan materials to evaluate them but as the base and ground material upon which to construct a plan and program of their own, and the city, by resolution of council, approved what they had done and proposed.
The degree to which members of council must have been aware that in adopting the commissioners' plan and program the city was actually using the substance of the Webb & Knapp plan is manifest from the record of the proceedings at the June 25, 1962, meeting of council. Cairns J. summarizes the various resolutions dealt with at that meeting in his judgment at p. 134. After quoting the resolution:
That Council approve in principle the Civic Centre Development Plan and program dated June 25th
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and concur with the Commissioners' recommendations contained therein and also instruct that the resolution be prepared as required by Sections 73 to 79 of the Town and Rural Planning Act which is necessary to implement the program.
he continued:
An amendment was then moved by which it was proposed that the words "based on the Webb & Knapp (Canada) Limited plan" be inserted after the words "Civic Centre Development Plan" in the motion just quoted. An amendment to the amendment was then moved to insert the words "resulting from the Webb & Knapp (Canada) Limited Plan" after the words "Civic Centre Development Plan". Both these motions were lost. Then an amendment was moved that the matter be deferred until the next meeting and that the commissioners ascertain whether the representatives of Webb & Knapp (Canada) Ltd. were thoroughly familiar with the city's proposal. The motion for the proposed deferment was also lost. The resolution quoted above was then carried.
Furthermore, immediately after the meeting of June 25, 1962, the president of Webb & Knapp complained to the city commissioners and had a meeting with Commissioner G.C. Hamilton following which the commissioners reported to council on July 3, 1962, the report being Report No. 45. That report contained two paragraphs on p. 1 thereof, being the last two paragraphs on that page. These paragraphs were taken from a telegram from Webb & Knapp to the commissioners and read as follows:
As you are aware our Company issued this statement following discussions with you in which the reasons for the actions of the Edmonton City Council were explained to us.
We were advised that the Plan which was adopted was in effect the Webb & Knapp Plan and that such Plan would continue to be so identified and that further The City of Edmonton would ensure that our Company would suffer no loss or prejudice in this matter notwithstanding the course of action taken.
Council, in dealing with Report No. 45, adopted a resolution which was moved by Alderman Prudham and seconded by Alderman Weinlos as follows:
That Commissioners' Report 45 be received as information and that Council confirm and support
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the statements of understanding attributed to our Civic Officials as outlined in the last two paragraphs on page one of the report.
Council's action was immediately communicated to Webb & Knapp by telegram from G.S. Docherty, the city clerk. The fact that the plan of the city commissioners which was approved at the June 25, 1962, meeting of council was in effect the Webb & Knapp plan is, accordingly, beyond dispute.
In all these circumstances Webb & Knapp are entitled to substantial damages for breach of copyright. With a full appreciation of the difficulty in arriving at a proper measure of compensation and in view of the undoubted and beneficial use the city made of the plan and plan material, I would assess the damages for breach of copyright at $50,000.
As to costs, Webb & Knapp failed in its main claim for damages, but recovers substantial damages for breach of copyright. I would, accordingly, direct that there be no costs to either party at trial and that Webb & Knapp should have its costs here and in the Appellate Division.
The judgment of Abbott and Ritchie JJ. was delivered by
ABBOTT J. (dissenting)—The facts as to which there is now little dispute are set out in detail in the judgments below and in the reasons of my brother Hall which I have had the advantage of reading.
For many years prior to 1961, the City of Edmonton had been considering plans and schemes for the development of a civic centre area all of which contained, as a key feature, some twenty acres of land owned by the city and lying south of the Canadian National Railway.
The appellant Webb & Knapp (Canada) Limited (hereinafter referred to as Webb & Knapp) is a land developer and promoter which in 1961 had just completed a large project in Montreal and, at the suggestion of the Canadian
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National Railways, it entered into negotiations with the city respecting the latter's proposed civic centre.
Webb & Knapp sent planners, economists and architects to Edmonton in early 1961, to evaluate the real estate development potential of the city, and on August 28 of that year submitted to the city manager a draft memorandum of its proposals. Following discussions with the city authorities, an agreement was prepared and executed by Webb & Knapp and the city on October 20, 1961.
That agreement, which forms the basis of appellant's claim, is set out in full in the reasons of Cairns J.A. in the Court below[7]. Under its terms, Webb & Knapp undertook to expend an estimated $100,000 in the preparation of a plan and plan material for the civic centre area. If the plan was accepted, the city was to make available to Webb & Knapp a large area of land for private development purposes.
The agreement, however, contained the following clause:
City Council may refuse to adopt the plan whether in its original form as presented or as modified after one or more discussions of the plan have been undertaken by the City Council. (Clause 3(4)).
Another clause, which follows immediately after the one I have just quoted, reads:
When the plan and its supporting plan material have been presented by the Company to City Council and if the Council has reached a decision that Council will not adopt the plan then the plan and the plan material will from the time of such decision automatically become the property of the City. (Clause 4).
A plan, as contemplated by the agreement, was prepared and delivered to the city, and Webb & Knapp incurred expenditures in its preparation which exceeded the amount contemplated in the agreement.
What followed is described in detail in the judgments below and need not be repeated. There are concurrent findings that the Webb & Knapp plan was rejected by the city, and I agree with my brother Hall that, although the evidence shows
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that the city did continue to negotiate with Webb & Knapp, no new agreement was ever actually arrived at.
In its action, Webb & Knapp claimed $2,000,000 as damages for breach of contract or in the alternative for breach of copyright, with further alternative claims in quantum meruit.
In his reasons, Cairns J.A. dealt with these claims as follows:
It is my conclusion that as the original contract provided that it could be terminated by the City by the non-acceptance of the plan and that this was done on June 25th in accordance with the terms of the contract by a clear resolution of the City, the rights of the Company under this contract and the obligations of the City thereunder came to an end irrespective, as I have pointed out, of what happened after the 25th of June, and consequently there can be no action for specific performance or for breach of contract as there was in fact no breach. The City acted strictly within its rights under the contract and the obligations of the City ceased when it rejected the plan, and these obligations were not revived by the subsequent conduct of the parties. Furthermore there can be no claim for quantum meruit where the City acted according to its rights under the contract.
As to the claim for unjust enrichment the same reasons apply. There is no doubt that Webb & Knapp spent some money in preparing the plan, but it was agreed that if the plan were not accepted it would be the property of the City. Although the City may have been somewhat enriched as a result of the monies spent by the appellant, there was nothing unjust about it as it was done according to a contract giving the City exactly what it got.
There can be no damages for breach of copyright as the agreement provided, as I have already stated, that the property in the plan in the event of its non-acceptance should be in the City. This property or ownership of the plan includes the right to use it to whatever extent the City may have done.
I am in respectful agreement with those conclusions and I adopt them.
Since I have the misfortune to differ with my brother Hall as to the validity of a claim in damages for breach of copyright, I should perhaps
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state briefly why, in my opinion, appellant is not entitled to recover under this head.
This matter of copyright is not dealt with in the reasons of the learned trial Judge and the only reference to it in the Court below is contained in the last paragraph of that portion of the reasons of Cairns J.A. which I have quoted. At the invitation of the Court, it was discussed briefly on the argument before us.
Counsel for respondent did not challenge the general proposition that copyright in the plan, for what it might be worth, remained with Webb & Knapp. As Duff C.J. said in Massie & Renwick Limited v. Underwriters Survey Bureau Lid. et al.[8], at p. 229:
It is clearly settled now, by the authority of In re Dickens, [1935] Ch. 267, that the author, in transferring the property in his manuscript, does not thereby necessarily assign the incorporeal right.
However, as Mr. Fox in the 2nd edition of his work The Canadian Law of Copyright and Industrial Designs points out at p. 287, such a separation of rights "is not regarded a natural intention of the parties". Therefore "slight evidence" may be accepted to prove that with the passing of property, there was also an equitable assignment of the copyright.
Counsel for respondent submitted, of course, that in the circumstances of this case and in view of the terms of the agreement between Webb & Knapp and the city, there was in fact no breach of copyright. I agree with that submission.
The commissioners' plan approved in principle on June 25, when the city council resolved not to adopt the Webb & Knapp plan, was in many respects similar to the Webb & Knapp plan. For that matter, every city centre plan considered over the years contained features from its predecessors which is not surprising since all dealt with a relatively small geographical area. However the city centre development, ultimately decided upon, de-
[Page 607]
parted materially from both the Webb & Knapp plan and the commissioners' plan. The learned trial judge moreover made the following findings:
I repudiate any suggestion that Mayor Roper, Commissioner Hamilton, Commissioner Menzies and Commissioner Tweddle "the men who appraised the Webb & Knapp plan" were guilty of quibbling, dishonesty, bad faith and like epithets. I do believe that the defendant City was somewhat worried about the land obligations to Webb & Knapp which flowed from the original agreement but one must look at (a) Ex. 16 which shows in the clearest terms just how unworkable the plan was that Webb & Knapp put forward, and (b) the Commissioners' desire to work out slowly and across a period of time a series of developments—not the grandiose scheme of Webb & Knapp but a scheme in which the defendant wanted a realistic program. The City did not ever repudiate Webb & Knapp in spirit or in principle. I think that the City desired Webb & Knapp as partners. I think they thought Webb & Knapp could contribute in the Civic Centre area. I do not think the City adopted the Webb & Knapp plan nor did it accept that plan.
Webb & Knapp prepared the plan and supporting material pursuant to the agreement of October 20, 1961. Any claim they may have must flow from that agreement. They clearly entered into the agreement as a gamble. The agreement provided that the preparation of the plan would be at their "sole cost and expense" and it was not stipulated that Webb & Knapp should be reimbursed for that expense if the plan was rejected.
Both Courts below have held that the intention of the parties, as evidenced by their conduct and their agreement, was that, if the Webb & Knapp plan was not accepted, Webb & Knapp would receive nothing for their efforts. I agree with that finding. To paraphase what was said by Uthwatt J. in Meikle v. Maufe[9], at p. 154, copyright was not the sickle with which Webb & Knapp sought to reap a profit.
The plan was a special purpose plan with application exclusively to a special area in the city
[Page 608]
of Edmonton and of no use elsewhere. In my view, the clause in the agreement, which I have quoted, rebuts any intention on the part of Webb & Knapp to keep a copyright interest in that plan. In my opinion, Cairns J.A. correctly characterized the intention of the parties in the passage I have quoted, when he said:
There can be no damages for breach of copyright as the agreement provided, as I have already stated, that the property in the plan in the event of its non-acceptance should be in the City. This property or ownership of the plan includes the right to use it to whatever extent the City may have done.
I would dismiss the appeal with costs.
Appeal allowed with costs, ABBOTT and RITCHIE JJ. dissenting.
Solicitors for the plaintiffs, appellants: Hurlburt, Reynolds, Stevenson & Agrios, Edmonton.
Solicitors for the defendant, respondent: A.F. Macdonald and Field, Hyndman, Field, Owen, Blakey & Bodner, Edmonton.


text:
Galt shooting suspect taken into custody after 17-hour standoffUPDATED 1:33 PM PST Nov 29, 2012
The man accused of shooting and killing an animal control officer in Galt was taken into custody Thursday morning following a 17-hour standoff with police.
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subset: commoncrawl


text:
2012-13 Santa Clara Softball News
June 12, 2013
Kelly Scribner Named Honorable Mention by PCSC
Recently, Bronco softball's Kelly Scribner received Honorable Mention for the Pacific Coast Softball Conference 2013 season.
June 12, 2013
Bronco Softball Camp Update
Interested in playing softball in college? Want to brush up on your skills entering the fall season? The Broncos will be hosting their annual softball camp over the course of two weekends this summer. These camps are great opportunities for softball players to learn more about Santa Clara, view the beautiful campus and work closely with SCU coaches and players. Most importantly, it's the perfect time to showcase your skills!
June 12, 2013
West Coast Conference To Sponsor Softball in 2014
The past 2013 season was exciting for the Broncos as they had the chance to play on their newly constructed on-campus softball facility. They have even more to look forward to for next season as the West Coast Conference also announced the approval of sponsoring the sport beginning in 2014.
June 12, 2013
Support Bronco Softball Today Through SCU's Dugout Club!
Softball enjoyed its first season playing on the Mission Campus and is already looking ahead to the 2014 season. The recently formed Dugout Club is a great way to get involved and give back.
May 21, 2013
Wallis Looks Back on Softball Career
SANTA CLARA, Calif. - spring season marked the first time ever that the softball seniors got to end their careers in the new on-campus stadium. Jamie Wallis (JW), a senior from San Jose, Calif., was a key contributor during her Bronco career.
May 6, 2013
Softball Game At Stanford Moves to 6 pm
Santa Clara will play its final softball game of the season at No. 16 Stanford on Tues., May 8 in Palo Alto.
May 2, 2013
Bronco Softball Hosts Final PCSC Games This Weekend; Senior BBQ After Sunday's Doubleheader at Alumni Park
Santa Clara (6-43 overall, 3-17 PCSC) returns to the Mission Campus for its final PCSC series on May 4-5, facing San Diego in a four-game set. First pitch for both doubleheaders is set for 12 p.m. with the second game each day slated for 2 pm.
May 1, 2013
EYEBRONCO: Bronco Weekly Sports Wrap May 1
In this week's edition of the Bronco Weekly Sports Wrap, Lauren Matheson takes you around the Misison Campus and get all the latest news in Bronco athletics.
April 28, 2013
Softball Falls at Utah Valley, Hosts San Diego to Close Out PCSC
Santa Clara Softball hit the road one last time for PCSC games, facing Utah Valley in a four-game set. The Wolverines swept the series with scores of 9-1, 3-1, 5-0 and 4-1.
April 24, 2013
Softball Travels to Utah Valley for Last PCSC Road Games
Santa Clara Softball hits the road one last time for PCSC games at Utah Valley, April 26-27. First pitch is set for 11 a.m. PT on both days. Santa Clara, (6-39 overall, 3-13 PCSC) is looking to snap a nine-game losing skid, dating back to the Broncos 6-3 win at CSU Bakersfield on April 7.
April 20, 2013
Broncos Fall in Day 2 Doubleheader to End Four-Game Series with BYU
Santa Clara softball dropped the second doubleheader in a row to visiting BYU. Game scores were 3-0 and 11-0 in favor of the Cougars. Santa Clara drops to 6-39, 3-13 in PCSC. They hit the road for a four-game series at Utah Valley on April 27 and 28, with first pitch at 11 a.m. PT.
April 19, 2013
Softball Drops Doubleheader to BYU
Santa Clara softball fell 3-0 in both games Friday afternoon at the SCU Softball Field. The Broncos fall to 6-37, 3-11 in PCSC play. BYU returns to play another doubleheader, Saturday, April 20th at 12 p.m. against the Broncos.
April 17, 2013
Softball Falls at Cal, Returns to PCSC Play vs. BYU
Santa Clara struggled to find rhythm against No. 10 California Wednesday afternoon, falling 5-0 at Levine-Fricke Stadium. The Broncos drop to 6-35 overall, 3-9 in PCSC action. Santa Clara welcomes Brigham Young to the Mission Campus on April 19-20, with both days featuring 12 p.m. double-headers.
April 14, 2013
Softball Drops Four-Game Series at Saint Mary's; Looks Ahead to Non-League Game at Cal
April 11, 2013
EYEBRONCO: Bronco Weekly Sports Wrap April 11
In this week's edition of the Bronco Weekly Sports Wrap, co-hosts John Nash and Lauren Matheson talk the latest in Bronco athletics, including men's basketball's College Invitational Championship.
April 8, 2013
Softball Travels to Saint Mary's to Continue PCSC Competition
Santa Clara softball heads north to Saint Mary's on April 13-14 for 12 p.m. doubleheaders on both days. Santa Clara (6-30, 3-5 PCSC) has previously faced the Gaels this season, falling 4-0 at home on Feb. 24.
April 7, 2013
Broncos Snap Losing Streak, Beat CSUB in Final Game of Four-Game Series
Santa Clara traveled to CSU Bakersfield this weekend, winning the final game in the four-game series 6-3 to end the weekend 3-1. On Saturday, the Broncos fell 3-1 and 5-4, and the first game Sunday ended 4-2 in favor of the Roadrunners.
April 3, 2013
Softball Falls at San Jose State, Hits the Road for PCSC Action at CSU Bakersfield
Santa Clara fell to San Jose State 4-0 Wednesday afternoon in a non-conference game at SJSU Field. Santa Clara falls to 5-27 overall, 3-25 in non-PCSC play.
April 3, 2013
Carissa Theis Named PCSC Pitcher of the Week
Carissa Theis was named the PCSC Pitcher of the Week after a very strong performance for the Broncos this past weekend against Loyola Marymount.
April 1, 2013
Broncos Travel to San Jose State for Non-Conference Duel
Santa Clara Softball takes a break from PCSC play this Wednesday, April 3, when they travel to local San Jose State for a 3 p.m. game.
March 27, 2013
Softball Opens PCSC Play; Hosts LMU in Four-Game Series
Santa Clara Softball opens PCSC play at home this Friday and Saturday, March 29 and 30, welcoming LMU. Both days feature double-headers that start at 12 p.m.
March 24, 2013
Softball Plays in Wolfpack Classic In Reno, Nev.
Reno, Nev. – The Santa Clara softball team traveled to Reno to participate in the Wolfpack Classic, hosted by University of Nevada-Reno March 23-24. Santa Clara tangled with Idaho State and Nevada on both days and while the Broncos put up a fight they were unable to come away with victories.
March 19, 2013
Bronco Softball Heads to Reno for Wolfpack Classic
The Santa Clara softball team travels to Reno, Nev. this weekend to take on Idaho State and Nevada. They meet Idaho State at 10 a.m. and Nevada at 12:30 p.m. on March 23, and then again the next day, with the first game at 10 a.m. against Idaho State and a finale against Nevada at 3 p.m.
March 16, 2013
Broncos Drop Two Final Games vs. UCSB
Santa Clara, Calif. – Broncos' pitcher Carissa Theis allowed just three hits in her second sterling pitching performance in two days, but the Broncos failed to score and dropped the second game of a doubleheader 1-0 to UC Santa Barbara on Saturday. The Gauchos also won the first game, 10-1, behind a 12-hit attack. Santa Clara falls to 3-20 on the season while UCSB improves to 19-8.
March 15, 2013
Bronco Softball Shutouts UCSB in Extra Innings
Santa Clara, Calif. – Carissa Theis notched her first win of the season pitching eight shutout innings and the Broncos snapped a nine-game losing steak with a 1-0 victory over UC Santa Barbara on Friday afternoon. The Broncos improved to 3-18 with the walk off win while dropping the Gauchos to 17-8. The teams will play a double header Saturday beginning at 9 a.m.
March 10, 2013
Softball Plays In Mizuno Classic At Oklahoma State
Stillwater, Okla. - Santa Clara fell in all five games at the Mizuno Classic, hosted by Oklahoma State in Stillwater, Okla. The Broncos move to 2-18 on the season, and return home for three-game series with UC Santa Barbara on March 15 and 16.
March 3, 2013
Softball Can't Withstand Late Sac State Rally, Loses 4-3
SANTA CLARA, Calif. — In the final day of action hosting Sacramento State (8-5), Santa Clara fell to the Hornets 4-3 in a late-game comeback from the visitors. Sacramento State moves to 8-5, and the Broncos fall to 2-13. Santa Clara hits the road next, heading to Oklahoma State for a tournament March 8-10.
March 2, 2013
Softball Drops Two to Visiting Sac State
In the first day of action hosting Sacramento State, Santa Clara fell twice Saturday. Game one ended in a 6-2 decision for the Hornets, who also took game two by a final of 3-2.
February 25, 2013
Santa Clara Softball Finishes Strong, Rallying to Beat St. John's
Freshman starter Ciara Gonzales worked effectively into the sixth inning and Stephanie Fisher and Jordan Newell each tripled as part of a three-run Santa Clara fifth, leading the Broncos to a 3-2 comeback win over visiting St. John's.
February 24, 2013
Briana Rios Leads Broncos Past Bengals; SCU Hosts St. John's Monday at 2 p.m.
Sophomore lefty Briana Rios (Modesto, Calif. / Central Catholic) pitched six-plus scoreless innings in relief to lead Santa Clara University past visiting Idaho State University 4-3 on Sunday at the 2013 SCU Bronco Classic.
February 22, 2013
Matadors Rally to Top Broncos in Softball Friday Afternoon
Santa Clara University's softball team was in position to pick up its first win of the year Friday afternoon at its own SCU Bronco Classic, shutting out Cal State Northridge through five innings before the Matadors rallied for a 7-3 victory.
February 20, 2013
Softball Set to Host the 2013 Santa Clara University Bronco Classic
The Santa Clara University softball program will be hosting its annual Bronco Classic this weekend – the first time the event will take place primarily on SCU's Mission campus.
February 17, 2013
Aggies Claim Six-Inning Victory Over Broncos
The Santa Clara University softball team played UC Davis tough through three innings, but the Aggies came away with a 14-1, six-inning victory over the Broncos on Sunday at the 2013 Stanford Nike Invitational Tournament.
February 16, 2013
Bronco Softball Drops Pair Saturday at Stanford's Nike Invitational
The Santa Clara University softball team was denied its first win of the season after falling to CSU Northridge 5-0 and UC Davis 7-2 on Saturday at the 2013 Stanford Nike Invitational Tournament.
February 14, 2013
Nationally Ranked Cardinal Too Much for Broncos
No. 20 Stanford scored in four of the five innings played against visiting Santa Clara on Wednesday night to methodically build up an 8-0 lead by the bottom of the fifth.
February 13, 2013
Kelly Scribner is Ready to Play Ball
Recently SantaClaraBroncos.com (SCB) had the chance to catch up with junior first baseman, Kelly Scribner (KS). As a sophomore she started in 52 of the team's 54 games and hit in the heart of Santa Clara's batting order. This will be her third season playing for the Bronco's softball team and first season playing on their new home turf.
February 12, 2013
Bronco Softball Plays No. 20 Stanford Wednesday; CSUN and UC Davis This Weekend
Santa Clara will matchup with No. 20 Stanford at 5 p.m. on Wednesday, Feb. 13 at the Cardinal's Boyd & Jill Smith Family Stadium.
February 9, 2013
Capacity Crowd on Hand for Opening of SCU Softball Field
A new era began for Santa Clara University's softball program this afternoon, with 'Opening Day' 2013 being held at the team's brand-new on-campus facility, the SCU Softball Field.
February 7, 2013
Softball 'Opening Day' Nearing a Sell Out! Broncos to Host First-Ever Game at the Brand New On-Campus SCU Softball Field Saturday at 11 a.m.
Saturday, February 9, 2013 marks a significant moment in Santa Clara University softball history. The team, the athletic department and the campus community will be celebrating 'Opening Day' at the University's brand new on-campus softball facility.
January 29, 2013
2013 SCU Baseball and Softball Tickets Available for Purchase Online!
Santa Clara University is happy to announce to all, especially Bronco fans, families, alums and visiting opponents, they can now purchase season and single-game tickets for all SCU baseball and softball games for the upcoming 2013 season.
January 18, 2013
Softballs Jessica Turner is Excited for the Season and a Hometown Return to Oklahoma
Junior all-star pitcher Jessica Turner, who led Santa Clara's pitching staff in the 2012 season, looks forward for the team's trip to her home state of Oklahoma. In addition, this will be the first season the Broncos (SCB) will play on their new home field on the Mission Campus. Turner (JT) is hopeful that the team will be able to carry over last seasons success, as well as bring in an even larger crowd to their home games.
January 15, 2013
Join Us! Celebrate Our Newly Built Softball Stadium; Crab Feed Registration Available Online
Please join us in the celebration of our newly built Bronco Softball Stadium at Kickoff Weekend for SCU Softball! February 9-10, 2013.
January 9, 2013
SCU Softball's Winter Camp Saturday, Jan. 19 Nearing Capacity; Reserve Your Spot Today
There is still time to register for Santa Clara University Softball's 2013 Winter Camp, which will be held on Saturday, Jan. 19 from 10 a.m. to 5 p.m. at Bellomy Field on Santa Clara's campus.
January 4, 2013
SCU Softball to Host 2013 'Opening Day' at New Stadium Saturday, Feb. 9!
The 2013 Santa Clara University softball schedule has been announced and includes 25 games at the recently constructed Santa Clara Bronco Softball Stadium, beginning with a doubleheader Saturday, Feb. 9 against Pacific.
December 12, 2012
Support Bronco Softball Today Through SCU's Dugout Club!
Santa Clara's softball team is proud to announce its newly formed Dugout Club. The goal of the Dugout Club is to get supporters of the program from alumni, current and alumni parents, friends of the program both community and organizations to join the Dugout Club. The Dugout Club gifts go directly to the softball program's operating budget and will be used to help fund team travel, equipment purchases, new uniforms and costs associated with recruiting.
December 4, 2012
Bay Area Softball Standouts Choose Santa Clara University
A trio of outstanding student-athletes - each homegrown players from right here in the Bay Area - have signed National Letters of Intent to attend Santa Clara University and play softball for the Broncos in 2013-14.
November 7, 2012
Santa Clara Intends To Play On New Softball Field, Pending Approvals From City, PCSC
The Santa Clara University softball team intends to play all home games during the 2013 season on the new softball field adjacent to the Leavey Center, pending approvals from the Pacific Coast Softball Conference and the City of Santa Clara. Santa Clara informed the Bronco softball team of this at Wednesday's practice.
September 25, 2012
SCU's EyeBronco Channel Previews New Softball Facility
John Nash '13 interviews Santa Clara University Athletic Director Dan Coonan and Santa Clara Softball's head coach Lisa Mize about the new softball facility on campus.
September 20, 2012
Offseason Conditioning Helps SCU Softball Prepare for Upcoming Fall Schedule
In order to prepare themselves for the upcoming season, and to build on the program's recent success, the Broncos have been working hard this summer in anticipation of initiating fall practice.
September 13, 2012
New Field and New Conference on the Horizon for SCU Softball
The Santa Clara University softball program will not only be practicing in a brand new on-campus field soon, the WCC has also announced it has added the sport for 2014.
August 6, 2012
Ashley Haney: My First Season with the Broncos
I am very excited for school to start up. SCU has been the perfect fit for me. I can't wait to get back with my teammates to start preparing for our upcoming season on our new field!
July 16, 2012
West Coast Conference To Sponsor Softball in 2014
The West Coast Conference recently announced the approval of sponsoring softball, which will initiate in 2014.
July 10, 2012
SCU Softball Players Gain Professional Experience Through Summer Internships
Being a student-athlete is not an easy task. Handling morning work-outs, afternoon practices, study hall and a demanding college course load requires determination, discipline and long hours of hard work both on and off the field.
July 10, 2012
Eleven of SCU Softball's 19 Student-Athletes Honored for Academic Achievement
Graduating senior Kristin Welsh became a four-time PCSC Honor Roll award winner as the league announced its list of 2012 academic award winners on Tuesday,
July 9, 2012
SCU's Jaymi Bautista-Geiger Shines in International Championship Play
Santa Clara University's Jaymi Bautista-Geiger hit .462 with three doubles, while striking out 22 batters in 24 innings inside the circle at the 2012 Scotiabank Canadian Open Fastpitch International Championship.
June 27, 2012
PHOTOS & VIDEO: Santa Clara's New On Campus Softball Facility
Construction is underway on the Mission campus for a brand new facility for the Santa Clara University softball team.
June 8, 2012
SCU's Jaymi Bautista-Geiger Preps for National Team Play at Canadian Open
Santa Clara University's Jaymi Bautista-Geiger will represent Peru in the upcoming 2012 Scotiabank Canadian Open Fastpitch International Championship.
May 11, 2012
Santa Clara Softball Has Three Players Garner All-PCSC Honors
Senior Briana Knight, sophomore Stephanie Fisher and junior Alyssa Jepsen all drew praise from the league's coaches.


text:
This exhibition has many beautiful examples of Smíšek's work they are wonderfully executed! There is something about these vases and pots that really appeal to me, I haven't decided if it is the glazes that he has used or the mere size of some of these works.
Just a note that might be of interest to some of you; Smíšek's was the artist who made the ceramic works for the Lord of the Rings Trilogy!
Anyhow, I think this is a great little exhibition to come and see; it's on until 1 April, 2012.


text:
Public Safety Update/Summary of Incidents/December 15 – December 21, 2013
Only one incident was reported this past week.
Dec 16; 10:30 am: Public Safety was advised of an incident that occurred on 12-13-2013 involving a staff member getting bit by a feral cat near the Hanley Center. The staff member was attempting to provide assistance to the animal and was bit on the finger.
REMEMBER: As a safety precaution; the feral cats on our campus are wild and should not be handled by anyone other than professionals.
No medical or motor vehicle incidents were reported during this period.
We are having a bike theft issue on campus. We recommend the purchase of a good lock to protect your investment. If you observe suspicious activity around the bike racks, please contact Public Safety immediately. Also, we are having thefts of items left unattended. Unfortunately in our current society we cannot take the risk of leaving anything you value unsecured or unattended.
Safety: Safety on our PC Campus is all of our concern and responsibility as involved community partners. If you see activity that appears suspicious and/or destructive, call Public Safety to report it: give the location, type of activity and description/s of those involved if possible. They may be committing a crime or just need assistance that we can help with. The Safety Office phone is staffed 24/7. The number is 602-285-7254.
NOTE: Faculty members are encouraged to share the safety updates with their students.
End of update.


text:
A meteorologist
When interviewed, Mr. Harrison was discussing barometric pressure and the low-pressure system moving in that may or may not cause a change in precipitation and wind gusts. What type of scientist is Mr. Harrison?
A scientist announces that the best possible chance for finding life on other bodies within our solar system would be on Jupiter's moon Europa. The scientist responsible for this statement works in the fields of what?
An oceanographer
There is a species of starfish called the crown of thorns. This species is responsible for killing coral reefs around the world. If you want to find out how these species have become so abundant around the world, who would you call?
A meteorologist
Sirens begin to blast through the night. The people of the town know a tornado is coming. What type of scientist would know how to predict that the tornado was coming?
Explains the arrangement of the inner planet's composition into different chemical layers.
The earth is the ... planet from the sun, which is just the right distance for life to utilize the sun's power and energy.
The earth-moon relationship is unique in many ways. It is the largest moon in the solar system relative to its host planet. The relative size between the earth and moon are so close some refer to it as a ... planet system.
If the earth's relationship to the sun were any different, life on earth might not be possible.
Other planets have a lithosphere, but earth's is unique because it has a special type of debris called...
Hydrolic, rock, tectonic
The three main geochemical cycles of earth are...,... and... These geochemical cycles continuously remove and add material on earth.
Upper mantle
Outermost layer of the two mantle layers; includes the asthenosphere and lower lithosphere.
Carl is on an expedition to the bottom of the ocean. As the submersible sets down on the ocean floor, it is resting on what layer of the earth?
The layer of the earth that is composed of rock, yet flows due to extreme heat and pressure, is known as the...
The layer of the earth that is composed of large plates that interlock and move over time is the...
Convergent boundary
The type of tectonic plate boundary that occurs when two plates are colliding into each other is known as a...
A subduction zone
The area where one plate sinks into the asthenosphere underneath another plate is known as...
Which of the following convergent boundaries would most likely creat a non-volcanic mountain range?
A transform boundary
The type of plate boundary that causes tremors and earthquakes in California is...
Glossopteris is an ancient extict species of... found in South America, Africa, Asia, Australia, and Antarctica.
The discovery of tropical plant and animal fossils in Antarctica supports the idea that at one time this continent supported a... climate.
The fitting together of neighboring continents like jigsaw puzzle pieces
The first evidence supporting the theory of continental drift was...
Africa and South America
The best example of how neighboring continents seem to fit together like Jigsaw pieces is...
Great Britain and Scandinavia
The Appalachian Mountains in the Eastern United States appear to be a part of the same mountain range that continues in...
Sea floor spreading
The process by which lithospheric plates move apart creating spaces that are filled with hot magma is called...
Alfred Wegener
The person who suggested that the continents were once a supercontinent, called Pangaea, but slowly drifted apart was...
Earth's natural process by which its lithospheric plates slowly move about because of movement in the asthenosphere
The plate tectonic theory can best be describe as....
The layer of the earth where mantle convection occurs and on which the earth's crust rest is the...
The process of heat transfer thought to be responsible for the movement of the lithospheric plates on the surface of the earth is...
They all depend on each other to function; an impact to one sphere usually affects another.
All spheres of Earth are interrelated of interdependent. This means:
Biosphere and lithosphere interaction.
When an animal dies and decomposes, its nutrients are absorbed into the soil. Plants use these nutrients to live and grow. This is an example of:
Hydrospher and atmosphere interaction
You live on the beach, which always seems to be humid, especially on hot, sunny days. But, that's because when the ocean heats up, some of its water evaporates into water vapor, making the air thick and slightly "wet". This interaction is an example of:
Hydrosphere, lithosphere and biosphere interaction
Colossal Cabe was formed years ago by underground running water. Today, it is the home to many animals, like bats. These interactions are an example of:
Step 5
Rock Cycle
Sedimentary rock is buried deeper into the Earth's crust. The intense heat and pressure begins metamorphism and the rock turns into metamorphic rock.
Evaporation of water is equal to precipitation of water
The hydrologic cycle maintains a balance of earth's water because:
Erosion, uplifting
The hydrologic, rock, and tectonic cycles are all interconnected. In the rock cycle, water moves regolith during..., and the tectonic cycle resurfaces rock through...
Sun and interior of earth (core)
The hydrologic, rock, and tectonic cycles are powered by two main energy sources. They are the:
Seafloor spreading
The tectonic cycle describes the movement of earth's crust. Recycled "new" oceanic crust is formed by... at divergent boundaries.
... occurs at convergent boundaries, where one layer of crust sinks into the asthenosphere when it collides with another layer of crust.
Step 1
Hydrologic (water) cycle
Evaporation would change the drop of water vapor, a gas, which would rise into the atmosphere.
Step 2
Hydrologic (water) cycle
The atmosphere is cooler, so the drop of water would change from a gas back into a liquid through condensation.
Step 3
Hydrologic (water) cycle
As more water vapor condenses into liquid, the drop of water will eventually drop to earth's surface as precipitation.
Step 4
Hydrologic (water) Cycle
The drop of water falls to the ground as rain and is absorbed as groundwater.
Step 5
Hydrologic (water) Cycle
The goundwater flows into a river which empties back into the ocean.
Earth's hydrologic, rock, and tectonic cycles continuously recycle earth's materials.


text:
firstname.lastname@example.com wrote:
> Gang,
> While playing with some of the media softwares over the last two
> days, I was wondering if someone would help me with a question or
> two. I am working the KMPlayer and just the mplayer (with no gui) to
> see what gives me the best looking playback for videos. KMPlayer
> comes with Xine as the default movie player, but I can't even get it
> to load the videos (they appear as though they have been encoded with
> Xvid). If I switch the movie player option to mplayer (which uses the
> same mplayer binary as I would from the command line right?), the
> movies play, but the resulting video is really pixelated/grainy. I
> use FFDShow on my Windows box and after reading some posts it appears
> that it shares the same code base with libavcodec (which is what
> mplayer uses by default). Does anyone know why it looks so much
> better in Windows than in KDE?
Could be that you miss the win32codecs package?


text:
|FREE patent keyword monitoring and additional FREE benefits. REGISTER now for FREE
YieldingYielding patent applications listed include Date, Patent Application Number, Patent Title, Patent Abstract summary and are linked to the corresponding patent application page.
Related Categories:
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01/16/14 - 20140015220 - A bicycle frame can have a main frame, a sub-frame and a shock. The sub-frame can move in relation to the main frame and the shock can be used to regulate that relationship. A linkage can also be used to regulate the relationships and control the rotation. The shock can...
Link suspension system
05/24/12 - 20120126506 - A bicycle includes a frame having a longitudinal axis, a first member, and a first pivot link assembly including a first link configured to rotate around a first pivot point. The first pivot point may have a first axis of rotation that is non-orthogonal to the longitudinal axis of the...
Bicycle frame with articulating linkage mounting arrangement
09/09/10 - 20100225089 - A bicycle frame assembly includes an articulating linkage mounting arrangement that fixedly couples one or more lever arms to a rotatable axle. A preferred embodiment includes at least one lever arm, and preferably a pair of lever arms. The lever arm or arms are fixedly coupled to an axle by...
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Their art is all different, but they all agree one one thing: What they do, they do out of love. And an online marketplace, Etsy.com, allows them to market their art to the world.
Klaire Martin is a silk artist working in Warren, under the name MysticSilks. While taking art classes at the local college, where she happened to see something that caught her attention - a class on silk-art. "I stopped to observe for awhile, and the process of creating silk art intrigued me," Martin said. "I signed up for the next class."
The process isn't simple. First, the silk is prepared by washing it in a special soap, which removes any remnants of silk worm from the fabric. After that, the silk is rinsed, ironed, then stretched on a frame and allowed to dry. Meticulously painting French dyes inside of dried gutta lines of her own design, which sometimes takes a month or more to create itself, she then allows the painting to dry for as much as two days. From there, the new silk painting is rolled into a soft cotton sheet, wrapped around a wire cylinder and steamed for two to three hours to set the dyes deep into the fabric. The process makes the colors vivid and the patterns explode.
Article Photos
Shelly Krok lampworking in her studio in Niles.
This process can also coax mysterious patterns from the silk. One such painting of hers is named Bluebird Garden. As Martin explained, "There appears to be the images of a man and woman between the stump, and red rose bush. That is the reason for the name: MysticSilks."
A retired registered nurse, Martin sells her work on Etsy and is also an administrator on the recently launched Web site Design Style Guide which debuted in 2008.
For Teri Gear, who primarily works out of the Austintown area, Etsy allows her to share her works with a broad audience; from rings, to glass button marble refrigerator magnets to Valentine's cards. "I love creating; taking one thing and turning it into something else," said Gear. "This has long been a hobby of mine - painting, sewing, jewelry making, cross stitching, knitting ... the list goes on."
Fact Box
Etsy: How does it work?
Etsy.com is a site that focuses strictly on hand-made, vintage items and related art supplies.
Listing on Etsy is simple; there's no Web working or site building required. According to Shelly Krok of Niles, this simplicity is a selling point: "If you don't have a Web site, it gives you a Web site." It isn't free to list an item on Etsy, but the price is minuscule: 20 cents per item being listed. When an item sells, Etsy receives a sales commission of 3.5 percent, much like eBay and other large sites that broker goods.
Once an item is bought, the seller ships it out. Similar to other sites, feedback is also encouraged by buyers - buyers can rate the sellers by percentage, and other users of the site can check the seller's ratings.
For those who love working with crafts, Etsy offers an outlet to sell goods without having to open a storefront or travel to various shows, though many artists do anyway. Another bonus is that users can search by location and find artists and crafters in their own area who can sometimes provide just what they're looking for.
Klaire Martin of Warren sells her silk-art there, under the name MysticSilks. "I've had many sales of my hand-designed silk scarves, pillows and the sale of one of my silk paintings to a buyer in Canada," Martin said.
Under the name CorinneCrafts, Teri Gear's work from the Austintown area can also be found on Etsy. She's hoping to pick up more sales as time goes on. "I've only had a few sales, but I hope to increase that in the near future - maybe when I'm not chasing my daughter around so much."
Shelly Krok maintains her Etsy shop as well as her own personal Web site. As for her sales on Etsy, she's made only two, but the site has allowed many people to find her locally and join a class or see her art in person.
See this story on www.tribtoday.com, the Tribune Chronicle's Web site, for links to these artists' work.
- Stephanie Watson
Gear and her husband had decided that she could quit work to be a stay-at-home mom. Then a friend had told her about Etsy, and since she was going to create anyway, Teri decided to sell some of her creations on the side while raising the new baby. "Although some people make a living on Etsy, I use it as a way to showcase my work and do something with the many things that I would be crafting anyways," Gear said. "I started back into my crafting in winter so I haven't done any craft shows, but I may try some this spring and summer."
For Rochelle "Shelly" Krok of Niles, Etsy is only one place of many where her art is shown to the world.
Krok started off in pottery and spent eight years working with clay. Then, five years ago, she observed a lampworking class.
Lampworking, or flameworking, is the process of creating glass beads - melting hot glass around mandrels and shaping it to create something one-of-a-kind. It is a seemingly simple process, but in practice, one that takes a good deal of diligence to master.
She took the six-week course, then came home every night and practiced.
Starting with Canfield on the Green, then moving on to the Trumbull Art Gallery, Christmas in the Woods, the Butler Art Festival and the YSU Summer Arts Festival where she took Best in Show, Krok's beads have toured, and her passion for making them keeps growing. She has even travelled to Corning, N.Y., to study under Loren Stump, a glass artist and lampworker who is known world-wide.
Now a member of three different artists groups, Krok gives classes out of her Niles studio. She continues to work - 27 years now at Trumbull Memorial Hospital - but there can be no doubt that her lampworking takes a large portion of her heart.
"This is the love of my life," she said, looking around her studio after demonstrating her art.
Krok's beads will be featured tonight at the B&O Station's Artists of the Rust Belt show, which is free to the public.


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Pragmasystems was estabilished on a straightforward principle: our success would come from our clients' prosperity. Out of this philosophy has matured our focus on client services and our appreciation of the importance of building and maintaining long-term relationships. Pragmasystems Ltd is a UK-based international IT company.
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Our software is designed and built from the ground up with you the user in mind but don't just take our word for it, request a demo and see for yourself.
All our software are web based suite applications, so you can access your data wherever you are.


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Ultra 6FT SVGA Monitor Cable - 6FT, Male To MaleItem#: U12-41605 | Model#: U12-41605
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Top Definition
Abbreviation of the word cardigan. Often used in popular culture. Usually used for men's cardigans.
"Its a bit chilly, I'm just going to pop on my cardigan"
af Mr Luva 31. maj 2009
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man i got on my black and gold cardi glasses
af De'Auna Watts 5. juli 2006


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Doesn't 4th of July seem like it should be the smack-dab middle of summer? How is it that we're already at this point? Summer is going too fast!
Let's savor it while we can. Here's my Top 10 list of July 4th food.
1. BBQ Something
Burgers are classic. Try the World's Best Burger. Or go for chicken instead. BBQ Pepper Jack Chicken is delish. Checkout my Secret to BBQing Chicken Legs on the Grill if you want to be able to hand everyone a drumstick.
2. Potato Salad
There are a million ways to make it. Here's my version (which is really my mom's version).
3. Baked Beans
I love this slow cooker recipe for Homemade Baked Beans.
4. Slaw
Slaw with Tomato, Red Onion and Jalepeno, Hawaiian Cole Slaw, or Quick Cole Slaw
5. Berry Dessert
Blueberry Cobbler, Cherry Cobbler, Peach and Blackberry Pie, Strawberry Shortcake, Strawberry Pie
6. Ice Cream
Oh, how I love ice cream. Here are some Tips for Making Homemade Ice Cream, with links to some scrumptious recipes. You might also try Peanut Butter Chocolate Ice Cream Sandwiches or Buster Bars.
7. Something Red, White and Blue
I don't have anything like that on my blog, but here's a great round-up of patriotic looking food on Living Locurto.
8. Something Munchy
Try Butterscotch Snack Mix or Citrus Puppy Chow.
9. Something S'more-ish
S'mores Pie, perchance?
10. Watermelon
4th of July without watermelon is just wrong! Try kicking it up a notch (or 3) with chili powder.
Happy Independence Day! What are your plans for the long weekend?


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• An integrated body exhaust/clean air operating room system was evaluated in terms of the microbiologic and particulate contamination control it afforded. The clean air unit was of a vertical unidirectional airflow design and employed high-efficiency particulate air filters to provide air low in both microbes and particulates. The body exhaust portion of the system was composed of an exhaust tube under the surgeon's mask, a transparent plastic faceplate, and a microbe-retentive surgical gown and hood. Measurements were made of airborne and surface contamination at the wound site and of microbial burden levels associated with the surgical team. Sampling techniques were designed to parallel those used in a previous study of a horizontal flow/body exhaust system so as to provide comparative data on the effect of airflow configuration on wound site contamination. The data showed the vertical flow room to exhibit significantly lower (P <.05) contamination levels than the horizontal flow enclosure. Surgical lights, draping techniques, and personnel and material positioning unobstructive to the airstream were judged to be prime factors in reducing wound site contamination.
(Arch Surg 114:784-788, 1979)
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A Georgia man found guilty of killing an Iowa native outside Atlanta in 1995 has been sentenced to a life prison term plus 47 years.
The Atlanta Journal-Constitution newspaper reports that Waseem Daker insisted that he was wrongly convicted moments before he was sentenced on Monday.
Daker was convicted of killing 30-year-old Karmen Smith and stabbing her 5-year-old son Nick, who survived the attack.
Prosecutors said DNA evidence tied Daker to the crime. Daker called the evidence flawed and said it pointed to another assailant, not him.
Friends said Smith attended Williamsburg High School in Iowa.
Her job as a flight attendant for Delta Air Lines was her first job after graduation from college.


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Vancouver singer-songwriter Leah Abramson and band (AKA The Abramson Singers) are influenced by American old-time music, classic songs of the 60s and 70s, and current indie-rock. Writing quirky, catchy and beautiful songs about surprising topics such as truck drivers, old maids, the oil sands and the famous Canadian rebel Louis Riel, Leah is a heartbreaking and captivating storyteller. The UK's fRoots and Maverick Magazines gave the band's debut album four stars, and they are now hard at work on a second album, begun during their artist residency at the Banff Centre with Howard Bilerman (Arcade Fire) and Tony Berg (Jakob Dylan). They are now finishing up in the studio with producer Colin Stewart (Black Mountain, The New Pornographers) and looking forward to a release and tour in fall 2012.
Artist contact primary email address: firstname.lastname@example.com
One website link: www.leahabramson.com
Facebook link: http://www.facebook.com/abramsonsingers
Twitter link: https://twitter.com/abramsonsingers


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Bridging cultural gaps between instructors and their international students was the focus of two September workshops delivered by Kendra Carpenter. The workshops drew on Kendra's decade of experience in coaching employees in Argentina, India, and the United States to increase their intercultural competence.
Per Kendra, in the last decade, the enrollment of international students in U.S. educational institutions increased by 32%. Bellevue College enrolls about 1,700 international students annually from more than 65 countries each year, and 21% of these are enrolled in continuing education, basic skills, and ESL courses.
The workshop aimed to help instructors adapt to these changing demographics by
• Gaining an awareness of students' values and motivations,
• Learning the impact of cultural differences, and
• Practicing a method for understanding each interaction.
Gaps in communication and understanding that stem from cultural differences typically appear as
• Limited understanding of how a U.S. classroom works,
• Not speaking during class discussions,
• Lackluster class presentations, and
• Different time orientations.
The keys to competence are
1) Separating observed behavior from your perceptions of that behavior and
2) Understanding the values and motivations that the other person may have.
Workshop participants were invited to share their strategies for improving intercultural interactions in the classroom. These included
• Setting expectations for the class early in the quarter and helping students understand them,
• Asking questions to assess student comprehension,
• Reducing fear by reassuring students that it's OK to give the wrong answer, and
• Acknowledging your learners and respecting the expertise they bring to the class.
Training in cultural competence for businesspeople is available in Kendra's new course, Cultural Competence for Business Success.


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Super easy. Its common for guys especially to get too thin, or lose more weight than they like on Paleo, since they have cut out pretty much all carbs a lot of the time. I would suggest adding in more carbs into his diet, especially on the days he is active.
You mention your husband is gluten free, which is great. What about the starchy root vegetables?
Sweet potatoes are the best source, I would suggest sweet potatoes mash, blend in generous amounts of grass fed butter with a pinch of sea salt. Thats my go to meal for recovery on high energy output days.
Normal potatoes are fine as well, prepare them any way you like, roasted with butter, stir fried in coconut oil are good options.
Finally, although not strictly paleo, white rice is about as pure a form of starch as there is. Basically no nutrients but no bad things either. For athletic purposes its awesome.


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WirelessDevNet.com Press Release
Vizrt, a leading provider of content production tools for the digital media industry, will be showcasing its latest developments to help customers better manage and distribute high-resolution content to mobile devices. The solutions give content providers the flexibility, efficiency and complete control to deliver high-resolution content straight into the hands of the consumer. Visitors can see all demos at Vizrt's stand 7K70, in hall 7 at the show.
The numbers of viewers that consume content online and on mobile devices, instead of on-air, will only continue to grow. At Mobile World Congress, Vizrt will show how broadcasters can approach an online and mobile first strategy to their content production.
Vizrt solutions on display will include:
From TV first to IP first
Vizrt's Viz Engine, an IP-based, real-time 3D compositing engine. When combined with Viz One provides companies a high-performance tool for real-time video branding for streaming video content online and to mobile devices as well as networked video and connected TV.
Managing media from in-house to the cloud
Viz One, Vizrt's media asset management system gives companies a robust system for ingesting and managing media as well as the ability to search, edit, then distribute content on-air, online and to mobile devices.
Social media as part of live production
With Vizrt's Social TV solution, journalists will have the tools to allow them to moderate social media content as well as gives viewers at home a second screen experience. This will enable real-time interactions with the broadcaster to create a more immersive viewer experience.
Reporting live
Viz Reporter enables journalists to complete live and recorded mobile field reporting from any iPhone or Android device for quick turnaround breaking news stories and on-the-move updates.
About Vizrt
Vizrt provides real-time 3D graphics, sports analysis and asset management tools for the broadcast industry - interactive and virtual solutions, animations, maps, weather, video editing and compositing tools. Vizrt's products are used by the world's leading broadcasters, including: CNN, CBS, Fox, the BBC, BSkyB, Al Jazeera, ITN, ZDF, Star TV, Network 18, TV Today, CCTV, and NHK. Furthermore, many world-class production houses and corporate institutions such as the Stock Exchanges in New York and London use Vizrt systems.
Vizrt is a public company traded on the Oslo Main List: VIZ, ISIN: IL0010838154. For further information please refer to www.vizrt.com.


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At The Monkey & The Elephant we are helping
former foster youth navigate the transition to
Sign up for our Newsletter!
To bridge the gap between foster care and independence while
providing great coffee in a supportive community driven environment.
In the winter of 2008 Lisa traveled to South Africa. While
there she met a 16-year-old Zimbabwean refugee. When
he turned 18, he aged out of eligibility for support in
South Africa. He lost his refugee status, had to put his
education on hold and had to return to Zimbabwe. It was
a really dangerous trip for him to make, so they decided
to have a passcode when they spoke to make sure he
was safe. They used a simple system: their favorite
animals — Lisa's is the monkey, his is the elephant.
Philadelphia County
Interested in learning more? Click here


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Six self-rating mood scales were administered to a group of psychiatric inpatients. Two main factors emerged from this study, factors similar to the two broad dimensions of psychiatric disturbance derived by Welsh from the Minnesota Multiphasic Personality inventory. These factors did not correspond to the clinical dimensions of anxiety and depression; most of these scales related closely to each other as part of the first factor. Further, the intercorrelation between the scores obtained on the individual scales were, in the main, all high. This inability to demonstrate that these scales could separate patients into two groups (anxious and depressed) raises important questions about their use and the relationship between depression and anxiety.
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• In a population of children with pneumococcal meningitis, 71 had hemoglobin electrophoresis, and 17 of these were found to have homozygous hemoglobin S (24%). These 17 children were compared with 19 similarly infected children who had hemoglobin A and were matched for age and duration of symptoms before treatment. There was no difference in the symptoms or laboratory data, except for the hematocrit value, but patients with fatal disease came to the hospital later than control patients. The mortality and morbidity were similar even though control patients had a wider range of serious sequelae. Although patients with homozygous hemoglobin S were shown to be much more susceptible to pneumococcal meningitis, they were not at an increased risk from its effects.
(Am J Dis Child 1983;137:29-31)
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Indicate all relevant conflicts of interest of each author below, including all relevant financial interests, activities, and relationships within the past 3 years including, but not limited to, employment, affiliation, grants or funding, consultancies, honoraria or payment, speakers' bureaus, stock ownership or options, expert testimony, royalties, donation of medical equipment, or patents planned, pending, or issued. If all authors have none, check "No potential conflicts or relevant financial interests" in the box below. Please also indicate any funding received in support of this work. The information will be posted with your response.
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2 Bodies Found on Farm in Town of Bristol
Dane Co. Sheriff officials say two people have been found dead on a farm in the Town of Bristol.
The farm is along Highway N.
Authorities are not saying how the two people died, but they do tell us they do not believe anyone else is in danger.
Deputies were called about the deaths earlier this afternoon. They are not saying who made that call.
Right now it is unclear whether the two people lived at the farm


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