text:
The You think you've got a high IQ Test
Their result for The You think you've got a high IQ Test ...
Smart enough
You scored 109 Intelligence!
Their Analysis (Vertical line = Average)
They scored 109% on Intelligence, higher than 13% of your peers.
All possible test results
Kinda below average
Well, you could be smarter. But, hey, maybe you make up for it somehow in looks, personality, kindness, whatever. You could just be having an off-day. There are many factors which affect your IQ score... Read more
Perfectly Average
Well, you're average. Not the dumbest, not the brightest. But, hey, being average has its plus sides...nobody expects much from you, right? People want to see improvement on both other ends of the spe... Read more
Smart enough
You're smart. Did you know the average IQ of a doctor is 116? Yep. You're just right around there. You're cool. I'd probably prefer to hang out with someone like you with this IQ. You're a little abov... Read more
Aww...you're basically a genius. 132 is the IQ where Mensa accepts you. How about giving it a try? You were the probably the kid who got all A's in high school..or you could be like me, a brilliant sl... Read more
What can I say? You qualify for Mensa. You're a genius. I'm sure you slacked off in high school because, in all honesty, it was just too damn boring for you. Trouble was more exciting. Your brilliance... Read more
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Wow Friday that's beautiful! Your a woman of many talents! Truly that's amazing.
Lol X2
"Johnny's Last Stand" maybe maybe! I hope a miracle happens for you.
Wow Phil that's gorgeous! Did I say I love snow?! 😉
So his problem is he's just not good at hitting the mark.🎯. ETA: Did I read it right. Eight of Johnny's made it to lockdown? Or only eight of 26?[/
Late good morning again frogs💛
Deb so d*m glad your interview went well! I have a good feeling about it!
WV how's the ankle this morning? I'm sorry about your comet....😔
Thanks MissAm (I'm still lovin the new name lol) Thanks on the comet. Those girls are such sweeties, and now I'm down to 4, from my original 8. But I have 4 of their eggs in the bator looking good!
The ankle is much better. Still a bit sore and colorful, but I'm wearing normal shoes today instead of sandals, so that's a good sign! Thanks for asking.
How's Miss Eve doing now?

subset: commoncrawl


text: The Future of Sony Is PlayStationmatt buchanan3/10/11 12:27pmFiled to: BlipSonyPlaystationKaz HiraiHoward StringerGaming52EditPromoteDismissUndismissHideShare to KinjaToggle Conversation toolsGo to permalinkA big hint as to how Sony sees the future of the company: It's combining the PlayStation business with all of its consumers electronics businesses—TVs and whatnot—and handing the whole hot mess to Kaz Hirai, who you probably know from running PlayStation. Which lines him up as Sir Howard Stringer's successor to the CEO slot. Even Sir Howard admits it to the WSJ: ""He is the leading candidate... The logic (of the choice) is inescapable." [WSJ]Gear from Kinja DealsBuying Guide: Upgrades For Your OfficeBestsellers: Mpow Swift Bluetooth EarbudsSaturday's Best Deals: Harmony Smart Control, DualShock 4, Cast Iron CookwareReply52 repliesLeave a reply


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This aint a battle report, yet...
I have thought of a scenario and Im going to play it against a Tau army, but I thought I would get some ideas from you guys before we do the battle.
Evacuation Senario
-fluff needed-
The tyranids have targeted a Tau planet and begin to attack it from orbit, with intent of consuming it. The defenders must get the last reminants of population from small Tau outpost off the planet by a devilfish and to safety. However the Devilfish has been damaged by mythenic spores (sory about the spelling) and the remaining Tau must defend it whilst it is being repaired at all cost and will die for the greater good in the process, their only hope is if the Devilfish can be repaired before the tyranids reach them.
The armies can be any from the 40K universe, for this example we are using Tau and Tyranids.
Each player rolls to see who deploys first and again to see who goes first. Deep Strike and infiltrate allowed. The defender deploys on the short board edge as usual in a 24" deployment zone, the attcker enters the board from the opposing board edge. The DevilFish is set up anywhere in the defenders deployment zone, with all his units no more than 24" away from it.
Victory conditions.
The attackers will win if they can kill the entire enemy force and/or destroy the devilfish. The Defender wins when they hold out for the correct number of turns and the escape on the devilfish. Any models who leave the 24" surroundings of the devilfish have been left behind and count as losses for victory point purposes.
This scenario was modified from another custom scenario I found on the net.
Any suggestions welcome.

come on people I need advice on this scenario, the battle is next week

how many points you are playing?
in any case, bring alot pf gaunts, and fleet pf claw your way nto him. when you are in assualt range, assualt. its tau, they are at your mercy at HTH...
One thousand points. So I don't think there are that many gaunts to shoot down. And even then, I'll take out the synapse creatures and watch the gaunts run around aimlessly.

W/L/D Ratio:
Tau: 4/4/3 - 50%
DaemonHunters: 1/2/0 - 33.3%
Dark Angels: 3/1/0 - 75%
I don't know how many models a Devilfish can carry, but wouldn't any more than the limit have to count as left behind, even if they don't get killed or leave the 24"? This will affect victory points, no?
Maybe instead of fixing the Devilfish, the defenders are sacrificing themselves and wiring a huge bomb into it to wipe out the invaders (and themselves), thus saving their planet. Or, just throw another Devilfish in there. I guess you could get away with not charging any points for the number of Devilfish they would need, as long as they don't move or shoot or anything. Or maybe by turn two it can move half distance, turn three it can move fully, and turn four it can move and fire, and not until turn five can it carry more troops than just the pilot/ gunner. This would represent slowly fixing the different systems of the ship.
Good Luck!
Can't wait to hear how it turns out!
Fluffwise, the Devilfish is just trying to get an Aun council off the deck and into the air, the Tau on the ground are sacrificing themselves for the greater good.

W/L/D Ratio:
Tau: 4/4/3 - 50%
DaemonHunters: 1/2/0 - 33.3%
Dark Angels: 3/1/0 - 75%


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Rail blockade agitation continuesA total of 312 people courted arrest staging rail blockades in Dharmapuri and Morappur railway stations here on Tuesday. The day two of the 48-hour rail blockade protests were called by farmers associations and political parties pressing for the constitution ... The Hindu, 4 days ago
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The Communist Party of India (Marxist) has announced relay demonstrations in the district calling for declaring Dharmapuri as drought- prone. The CPI(M) has announced a series of relay demonstrations on October 14, demanding that the government ...The Hindu, 1 week ago
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Inflow crosses 5,000 cusecs at Biligundlu
Following the release of water from dams in Karnataka, the inflow at Biligundlu, the entry point in Dharmapuri district where the Cauvery enters Tamil Nadu, increased from 700 cusecs to over 5,000 cusecs on Tuesday evening. The Karnataka Assembly on Monday ...The Hindu, 2 weeks ago
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Question about Sony Cyber-Shot DSC-S500 Digital Camera
I have fresh batteries in it but when i try to power on the power button light flashes on and then i can read the cybershot logo then it dies and i try again adn it does the same thing
also whe i plug it into my computer it turns on then dies
also the lens is partially extended
help please
Posted by nevweb2 on
I am having the same trouble. I have tried the new batteries and leaving them out, but it still will not turn on. Any other suggestions. When I plug it into the computer it gives me the screen for setting the clock, but as soon as I hit the ok it dies and the screen goes blank.
We put a new memory stick in our Sony Cyber-shot, and it worked for a few pictures, and then it totally died. All you get is a black screen. Can anyone help? Thank you
Posted on Feb 28, 2008
Tips for a great answer:
Feb 19, 2010 | Olympus FE-340 Digital Camera
Dec 02, 2009 | Samsung S860 Digital Camera
The problem is in the battery holder of the CR1220
-Take out the CR1220 battery (the little round one).
you replace it, put a bit of aluminum foil against the back, between the
battery and the plastic holder, to make it a nice tight fit. One layer won't do
it, but don't put in half the roll.
-Put it
back in. Done
Using a
fresh battery & clean it all with alcohol = good idea as well. Worked for me.
Apr 24, 2009 | Canon PowerShot A720 IS Digital Camera
Feb 25, 2009 | Pentax Optio T10 Digital Camera
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Mar 04, 2008 | Digital Cameras
Nov 13, 2007 | Samsung Digimax S630 Digital Camera
Apr 24, 2007 | Canon PowerShot S1 IS Digital Camera
Nov 10, 2006 | Olympus FE-115 Digital Camera
Mar 24, 2014 | Sony Cyber-Shot DSC-S500 Digital Camera
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Welcome to Librarium Online!
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If i had a Chaos Lord, in chaos armour, on a juggernaut with a shield, what would the save of the lord be? Would it be 3+ for just the shield and chaos armour, or would it include the juggernauts save aswell(which i think makes it 0+)?
My Arena Champions: Kharn'eth The Bloodcleaver and Gorzag Iron Jaw
Like Dragons, I believe the Juggernaut is classed as a Monstrous Steed, unlike normal mounts (ie. horses) which add +1 save, these do not add anything to a rider's save. Being a monstrous mount the Juggernaut has it's own save because enemies can choose to attack either the rider or the Jugger in combat. This save is not added to the rider's save.
So in conclusion, a lord with a shield riding a Juggernaut would have a save of 3+.
"Peace, through superior firepower."
Ah i see...thanks mate
My Arena Champions: Kharn'eth The Bloodcleaver and Gorzag Iron Jaw


text:
SETTLEMENT OF PERSONAL INJURY CLAIMS BEHALF OF PERSONS UNDER A DISABILITY. by: Andrew C. Murray. Presented Conference "Colloquium 2013" CPD
- Shanna Poole
- 1 years ago
- Views:
1 at The Sudbury District Law Association Presented Conference "Colloquium 2013" CPD by: Andrew C. Murray Submitted LLP Lerners & Solicitors Barristers Box 2335 PO OF PERSONAL INJURY CLAIMS SETTLEMENT BEHALF OF PERSONS UNDER A DISABILITY ON October 17 t" and 18 t", 2013 London Ontario N6A 4G4 Phone: ,6313
2 INDEX Introduction 1 The Historical Context 1 The Current Regime Ru/es of Civil Procedure 4 Issues 5 (a) Required Evidence 6 (b) Legal Fees 8 (c) Recent Judicial Comment on Contingency Fees in Rule 7 Context 17 (d) Use of Settlement Funds 19 (e) The Children's Lawyer 23 (f) Public Guardian and Trustee 24 Practice Points 25 Tab Solicitors Act, R.S.O. 1990, Chapter S.15 1 Ontario Regulation 195/04 Contingency Fee Agreements 2 Office of Public Guardian and Trustee Fee schedule 3 Foster v. Foster- Endorsement of Justice Granger, August 23, Checklist for Applications to Appoint a Guardian 5 Appendix "A" Checklist for Motions for Approval of Settlements for Parties Under Disability Under Rule
3 reasonableness of solicitor fees for services. It will suggest best practices for applications or her benefit or welfare". 4 Franklin (Litigation Guardian of) patriae", literally "parent of country", refers traditionally "Parens role of state as sovereign and guardian of persons under legal to State of W. Va. v. Chas. Pfizer & Co., C.A.N.Y., 440 disability. 1079, It is a concept of standing utilized to protect F.2d quasi-sovereign interests such as health, comfort and those of people, interstate water rights, general economy of welfare Baebz (1998), 41 O.R. (3d) 257 (C.A.) Tsaoussis Woo, 2006 CanLI Ontario C.A. at para.10 Re Neimstein & Associates, [2000] O.J. No (C.A.) INTRODUCTION This paper reviews past and current approach to settlements of claims on behalf of minors and mentally incapable people. In particular, it considers evidence required to allow Court to determine if proposed settlement is in best interests of claimant; and under Rule 7 of Rules of Civil Procedure. While this paper is not a direct response to cases like Marcoccia v. Gill 2 or Lau v. Bloomfield, by necessity, several of problems identified in se decisions will also be reviewed and discussed here. THE HISTORICAL CONTEXT The requirement for Court approval of settlements made on behalf of parties under a disability is derived from Court's parens patriae jurisdiction. The parens patriae jurisdiction is of ancient origin and is "founded on necessity, namely need to act for protection of those who cannot care for mselves...to be exercised in best interest of protected person, for his Black's Law Dictionary describes "parens patriae" on following terms: state, etc. This paper relies heavily on a paper presented in November 2007 to The Middlesex Law Association, with appropriate updates. Much of is, however, a word- for-word repeat of my earlier paper. commend detailed, recent best practices paper which is also being distributed at this conference. 2 unreported decision of The Honourable Justice Wilkins released January 2, unreported decision of The Honourable Justice Spies, dated August 24, Re Eve, [1986] 2 S.C.R. 388 at para.73. Also see,
4 patriae originates from English common law where Parens had a royal prerogative to act as guardian to persons with King settlement of a claim made by or against a person under No wher or not a proceeding has been commenced in disability, of claim, is binding on person without approval respect a Judge. of This rule codifies what was historically practice in all infant settlements (now more properly (1) Any money payable to a person under disability under an 7.09 or a settlement shall be paid into Court, unless a judge order Any money paid to Children's Lawyer on behalf of a (2) under disability shall be paid into court, unless a judge person -2- legal disabilities such as infants, idiots and lunatics. 5 The requirement for Court approval of settlements involving parties under disability has now been codified in Ontario by creation of Rule 7.08(1 of Rules of Civil Procedure: described as a settlement on behalf of a party under a disability). For centuries, Judges of ensure that Superior Court have exercised parens patriae guardianship of sovereign to rights of infants and ors legally disabled are protected. 6 Similarly, Rule 7.09 was also a codification of previous practice relating to payment of money into Court. Rule 7.09 provides: MONEY TO BE PAID INTO COURT orders orwise. orders orwise. 5 Black's Law Dictionary, Definitions of Terms and Phrases of American and English Jurisprudence, Ancient and Modern, Henry Campbell Black, Fifth Edition, St. Paul Minnesota West Publishing Co Ruebz Morscherand Morscher(1996) 20 O.R. 3rd 545, decision of Justice Salhany O.C.G.D.
5 Under Rules of Practice, multiple rules addressed cases involving minors and mentally courts are vigilant when it comes to best interests of Our and this paternalism, unfortunately, is necessary. children; with experience in trying or hearing matrimonial cases Anyone that parents often act in a manner which is not in best knows of ir children. do not think it is necessary for me to interests my words with any delicacy here and so say, quite directly, select in my view, subrules 7.08(1) and (2) and 7.09(1) are part of that, law of this province because parents cannot always be trusted do what is best for ir children. Undoubtedly this statement to be galling to caring, thoughtful, wise and understanding will However, fact is that most laws are aimed at those parent. to break m. 8 inclined Mental Incompetent, Rule 22 Litigation Guardian, Rule 92 Litigation Guardian, Rule 93 Appointing Litigation Guardian, Rule 94 Appointing -3- incapable persons, although no rule specifically dealt with approval of settlements in personal injury claims, as is now provided by Rule 7. 7 The rationale behind requirement for Court approval, and payment into Court of funds on behalf of a party under a disability, was succinctly described by Justice Quinn in Hoad v. Giordano as follows: As a plaintiff lawyer, it is my own suggestion that parens patriae jurisdiction of Court is not intended to see persons under disability treated differently from persons who are capable of instructing counsel. Rar, purpose is to ensure that vulnerable claimants are not taken advantage of by ors. Reasonable terms of settlement, wher on matter of quantum of damages or reasonableness of fees, should be considered objectively, based on reasonable person standard. 7 see following Rules of Practice: Rule 18 Minors, Rule 19 Recovery of Goods or Land From Minor, Rule 20 Tort Money Claim Against Minor, Rule 21 Guardian, Rule 95 Mental Incompetent, Rule 96 Mental Incompetent, Rule 97 Mental Incompetent, Rule 98 Mental Incompetent or Litigation Rule 99 Person Declared Incapable, Rule 100 Consent of Litigation Guardian Absentee, 8 Hoad Giordano, [1999] O.J. No. 456
6 if party is a minor between ages of 16 and 18, that minor's consent in writing; There is no specific mention in Rule 7 neir permissive language nor prohibitory language clients not under disability. under a -4- THE CURRENT REGIME RULES OF CIVIL PROCEDURE Rule 7.08(4) sets out material that is required to be placed before a Judge on a motion or an application for approval of a proposed settlement on behalf of a party under a disability. It shall include: an Affidavit from Litigation Guardian which sets out material facts and reasons that support proposed settlement, along with Litigation Guardian's position concerning proposed settlement; an Affidavit from solicitor that sets out solicitor's position in respect of proposed settlement; and a copy of proposed Minutes of Settlement. with respect to issue of legal fees that may be charged by plaintiff's counsel in connection with a proposed settlement. With regard to legal fees, one issue, is wher lawyers acting for persons under disability ought to be compensated on some basis different from that used for The Rule has no specific directive with respect to structured settlements as y relate to parties disability. There is no specific provision dealing with intended manner of holding settlement funds on behalf of party under a disability.
7 when making a payment into Court. It does not itself outline when or why money should be paid There is no question that requirements which must be satisfied to obtain approval of a settlement of a party under disability can often seem murky, if not capricious. settlement of actions on behalf of parties under a -5- Rule deals with payment into Court, but it only deals with procedure to be followed into Court. Rule 7.09, already described above, is provision which directs that money payable to a person under a disability shall be paid into Court, unless a Judge orders orwise. There is no rule describing when Judges ought to exercise ir discretion to order orwise, and very little case law on point. Despite this, Courts have readily accepted structured settlements as a preferred vehicle for managing settlement funds on behalf of persons under disability. Although motions for approval under Rule 7 occur daily at courthouses across province, re are surprisingly few decisions dealing with Rule 7. The decisions which exist often involve very large claims, or relate to issues of legal fees. For example, commentary in Watson & McGowan's 2014 text on Ontario Civil Procedure only mentions two cases dealing with Rule It appears that different practices and protocols have developed in various regions of province. 1 There should be more consistency to practice and procedure for obtaining court approval, though effort involved should always be proportionate to interests at stake. ISSUES There are a number of issues worthy of mention in a discussion paper dealing with disability, which include: 9 See Martin v. Robins, March 6, 2006, unreported decision of Justice Quinn Hoad Giordano (1999), 30 C.P.C. (4th) For example, Alberta has enacted legislation called "Minors' Property Act', in which s.4 deals with settlement of minors' claims. In Nova Scotia, some case law refers to solicitors account, in connection with a minor, being sent to an Assessment Officer for taxation, even if a valid Contingency Fee Agreement is in place.
8 persons under disability; specifically dealing with circumstances in which it might be preferable for a -6- (a) Required Evidence for Court approval --The scope and clarity of material to be provided to Court on a motion under Rule 7 for approval of a proposed settlement; (b) Legal fees Appropriate compensation for legal fees for services rendered to (c) Use of settlement funds --The appropriateness of a practice direction Judge to "order orwise" and have monies directed somewhere or than being paid into Court; (d) The Children's Lawyer/Public Guardian The extent of role of Children's Lawyer and/or Office of Public Guardian and Trustee; (e) Procedure The preferred procedure for obtaining Court's approval should re be hearings in open Court, an attendance in Judges' Chambers, or basket motions? (a) REQUIRED EVIDENCE Affidavit material filed in support of application must be sufficient to allow Court to make a final determination of all matters in issue. Consequently, evidence presented to Court must be comprehensive, thoroughly covering all matters which might impact on determining if proposed settlement is in best interests of disabled party. As stated above, requirements for Court approval ought to be proportionate to interests involved. That is, for approval of small Family Law Act claims, particularly those involving deductibles under Insurance Act, expense involved in obtaining Court approval ought not to be
9 evidence supporting and justifying use of settlement funds proposed on to -7- disproportionate to damages recoverable. It certainly shouldn't be more than value of actual claim! Where person under disability is main party and has suffered more substantial damages, more ought to be required by Court. It is recommended that, at a minimum, solicitor's Affidavit, when setting out solicitor's position in respect of proposed settlement in se cases, ought to include a narrative discussion addressing following issues: liability, including positions taken by all parties to proceeding, backed up by documentation in support of various positions. a discussion of treating, consulting physician and experts' opinions, both plaintiff and defence, with respect to nature of injury/disability, long-term prognosis, need for future care, possibility of a reduction in income-earning potential, and, if appropriate, life expectancy. where appropriate, a detailed description of position taken by defence on damages, including excerpts from discovery transcripts and or evidence relied resist plaintiff's claim= where appropriate, a description of all steps taken in proceeding to advance plaintiff's case (including motions, interviews with witnesses, consultations with experts, mediations, pre-trials, and or developments) recommendations for distribution and use of settlement funds, along with detailed intended retainer agreements, as entered into by Litigation Guardian and plaintiff's solicitor, should be included in material.
10 reasons for settlement vs. apportionment of damages to various heads of damages. In Ontario, prior to introduction of contingency fees, courts recognized appropriateness cases involving persons under disability. It has certainly been recognized by our Courts that personal injury litigation is inherently risky. -8- intended fees to be charge to disabled person and sufficient support to justify fees. proceeding to trial. confirmation of insurance policy limits applicable to case. allocation of partial indemnity costs and disbursements. proposed management of funds. (b) LEGAL FEES of allowing lawyers to be awarded legal fees over and above partial indemnity costs paid by defendant, in The principles that apply to lawyers' fees in cases involving persons under disability have been evolving in last decade. Generally, it is my position that Rule 7 and parens patriae jurisdiction of Court was not intended to confer a benefit on disabled by making ir legal fees lower than ors. Rar, protection afforded should ensure that disabled are not disadvantaged when compared to those capable of instructing counsel. Persons under disability inevitably are unable to fund ir litigation and would be without adequate remedies if capable lawyers were unwilling to represent m and assume economic risk of prosecuting ir claims. Madam Justice Thorburn had following to say about fees in personal injury matters:
11 is easy after fact to underestimate risk faced by "...it in accepting retainer and contribution made by solicitor There is an element of uncertainty in plaintiff's personal solicitor. work that may entitle a plaintiff's solicitor to compensation injury and above value of time spent calculated on basis over docketed time. of cases are lost or settled for very small amounts. In or Some solicitors investigate and assess prospective claims and cases clients who do not pursue a claim. In some cases advise change significantly during litigation. In many circumstances solicitors carry cases for lengthy periods. Some cases cases be tried in which case financial risk taken by solicitors will is important that fees must also be fair to solicitor so as It ensure that persons under a disability have access to to legal counsel who will be able to vigorously purs[u]e competent claim on behalf of person under a disability. ''11 discussion dealing with claims by solicitors for legal fees in an amount that exceeds party Court of Appeal in Cohen v. Kealey 13 when determining proper quantum of a solicitor's legal -9- dramatically. In many of se circumstances re is a increase risk that plaintiff will be awarded little or nothing substantial and that solicitors will be paid nothing. These more recent comments from bench are supported by older jurisprudence. The 1990 decision of Justice Osborne in Stribbell v. Bhalla, which dealt with a minor plaintiff who successfully claimed damages for medical malpractice, is a noteworthy starting point for any and party costs/partial indemnity costs provided by defendant. It is important to observe that Justice Osborne's decision was rendered at a time when contingency fees were not legal, per se, in Ontario. Stribbell v. Bhalla is a carefully worded decision that skirted reality of outcome-based fees in high-risk litigation advanced on behalf of parties under a disability. Justice Osborne considered factors identified by Ontario account: 11 See endorsement of Madam Justice J.A. Thorburn in Rivera v. LeBIond, Court File No. 04-CV CM2, March 6, (1990), 73 O.R. (2d) (1985), 10 O.A.C. 344
12 taxing officer properly listed considerations normally The to taxation of a solicitor's account, namely, time applicable with, degree of responsibility assumed by solicitor, dealt monetary value of matters in issue, importance of to client, degree of skill and competence matter by solicitor, results achieved, ability of demonstrated client to pay, and client's expectation as to amount of fee. requires that deserving actions be prosecuted by Justice counsel, and competent counsel are entitled to be paid competent reasonable fee for value of work done think that, a entirety of circumstances surrounding this litigation when considered, plaintiffs' counsel are entitled to a fee above party are party costs. and own decision, Desmoulin v. Blair 14 The Court of Appeal, in addition to factors that had been mentioned in Cohen v. Kealey, as important as ir interests are, y must be balanced But risks that law firm undertook and result it against for its clients and, refore, for victims. The reality achieved that, but for ( plaintiffs' counsel) having assumed this risk, is -10- expended by solicitor, legal complexity of matters to be Ultimately, Justice Osborne held: The Court of Appeal specifically endorsed Justice Osborne's decision in Stribbell v. Balla, in its recognized that, implicit in phrase "degree of responsibility assumed by solicitor", is risk of non-payment, should action not succeed. The Ontario Court of Appeal considered issue once again in Re Christian Brors of Ireland and Canada.15 The Court of Appeal considered wher or not a premium ought to be paid to law firm that advanced claim on behalf of plaintiffs who "suffered unspeakable acts of sexual, physical, and emotional abuse" at hands of Christian brors. The Court of Appeal said: 14 (1994), 21 O.R. (3d) [2003] O,J, No. 4249
13 estate would have had no money at all to compensate victims. The risks faced by personal injury lawyers are substantial in many cases. Without a premium context of motor vehicle litigation, lawyer faces additional risks associated with liability is met, award is reduced by a substantial deductible 1. Both increase risk for plaintiff's when insurers are persuaded to settle no-fault file on a lump sum basis, y are not obliged assume carriage of se highly volatile cases, few would get access to justice. Even fewer will get access to justice when counsel cannot reasonably predict what fees can be charged in event of a successful outcome for plaintiff. See Section of Insurance Act, R.S.O. 1980, C. I-8, as amended. The threshold is permanent serious disfigurement or permanent serious impairment 16 an important physical, mental or psychological function. The threshold is defined in Ont. Reg. 381/03. of -11 earned in cases with a more certain outcome, plaintiff lawyers will have to decline those with less certain outcomes, depriving some persons under disability of access to justice. In limiting rules. Claimants face a verbal threshold 16 in automobile accident cases. Injuries which fail to meet threshold result in no compensation for pain and suffering. Even if threshold counsel. Tort claims arising out of automobile accidents ordinarily require lawyer to assume carriage of plaintiff's claim for first party (no-fault) benefits. Prior to litigation being commenced, re is no obligation for first party insurer to pay any legal costs associated with this time consuming and expensive service provided to claimant. Moreover, while it is frequently in best interests of injured party to receive a lump sum on account of future entitlement to first party benefits, insurers have no obligation to lump out se benefits. Even to pay legal costs. Perhaps greatest risks faced by plaintiff's counsel is in context of medical malpractice litigation. The financial commitment in terms of disbursements and time is enormous. The outcome, particularly at outset, is most uncertain in vast majority of cases. But for few competent counsel willing to 17 The deductible on non-pecuniary general damages is $30,000, unless claim is assessed over $100,000.
14 Court file. These are matters that do not arise when plaintiff is competent. If re is uncertainty about legal fees, potentially trial. The result for lawyer is a delay in payment for many years and risk of non-payment -12- Acting for persons under disability is inherently more expensive than acting for competent claimants. There is also more responsibility for lawyer. Offers to settle, agreements on damages and or steps taken to save costs or expedite proceedings require extra steps and expense of Court approval. Instructions, though taken from a litigation guardian, could need approval by Children's Lawyer or Public Trustee and, in every case, ultimately Courts. In seeking Court approval at any stage great care must be taken by lawyer not to disclose information that might have a detrimental impact on disabled person's case. Justifying a compromise of plaintiff's claim requires a clear explanation of difficulties leading to a compromise. Consideration must be given to taking extra step of sealing The matter of legal fees will also present practical matters for lawyers who consider representing persons under disability. legitimate claims may not be pursued. For example, lawyers will be discouraged from pursuing derivative Family Law Act claims for persons under disability. This is an access to justice issue. For all practical purposes, se claims cannot be pursued without a lawyer willing to underwrite cost of and take risk associated with m. Uncertainty about fee arrangements will deprive se claimants of access to justice. Personal injury litigation for persons under a disability require lawyers to take on cases on behalf of impecunious plaintiffs with ability to recover fees only from a favourable settlement or judgment. This applies to both fees and to disbursements. Disbursements are paid by lawyers to third parties from outset of litigation that can take many years to resolve or reach if success is not achieved, giving rise to a need to provide an incentive to plaintiff's counsel
15 A solicitor for a person under a disability represented by a 5(1) guardian with whom solicitor is entering into a litigation -13- factors recognized by Supreme Court of Canada in Walker v. Ritchie. 18 As well, encouraging competent counsel to act on behalf of personal injury clients (by allowing a premium to be charged) has been recognized as one rationale for contingency fees. 19 Wher legal fees are paid pursuant to a contingency fee arrangement or solicitor client fees are paid over and above partial indemnity costs collected, payment of se amounts are deducted from claimants recovery. This fact ought not to have a bearing on reasonableness of legal fees. "The reality is that a plaintiff will never recover 100% of an award or settlement because re will always be fees to be paid. ''2 As well, matters of risk, potential divided liability, interests of avoiding a costly trial and potential matter of inadequate insurance limits have same effect on claimant. Moreover, a settlement, which is ordinarily a result of negotiation, will not be achieved without some compromise. The reasonableness of result-based lawyers' fees for persons under a disability is reinforced by legislative changes permitting contingency fees. By way of amendments to Solicitors Act 21, in 2002, Contingency Fee Agreements were formally introduced into Ontario with a very specific framework developed for ir implementation. Ontario Regulation 195/04 was later introduced to provide furr regulatory direction with respect to implementation of contingency fees ("Contingency Fee Regulation"). Section 5 of Contingency Fee Regulation specifically addresses Contingency Fee Agreements as y pertain to persons under a disability. It states: contingency fee agreement shall, 18 Walker v. Ritchie, [2006] S.C.J. No. 45, at paragraph Ibid, paragraph Madam Justice Toscano Roccamo in Williams Bowler, 2006 CanLii R.S.O. 1990, c.s.15, as amended
16 apply to a judge for approval of agreement before (a) is finalized; or agreement a particular Contingency Fee Agreement is appropriate. Section 5 provides legislative approval under a -14- (b) include agreement as part of motion or application for of a settlement or a consent judgment under rule 7.08 of approval Rules of Civil Procedure. Earlier case law remains helpful for identifying appropriate principles that should be applied when determining fees to be approved for a solicitor; however, those earlier cases must now be read in light of reality that a true contingency fee regime has been brought to province. Contingency Fee Agreements, in one sense, simplify process, while at same time complicate it in terms of documentation that is required in order to satisfy Court that of contingency fees for persons under disability, while preserving right for judicial review and approval. Some concern has been raised by Judges in province of Ontario, and perhaps by officials with Children's Lawyer's Office and Office of Public Guardian and Trustee, in that plaintiff's counsel are not properly documenting retainer agreements which purport to be contingency fee retainers. Greater care must be taken to properly document fee arrangements. Contingency fee arrangements should follow guidelines as set out by Act and Regulations. Or fee arrangements should be sufficiently particularized in a retainer or in correspondence to client. Attached to this discussion paper at Tab 1 is entire Solicitors Act, with Section 28.1 being relevant section as it relates to Contingency Fee Agreements. Also attached at Tab 2 is Contingency Fee Regulation in its entirety. All lawyers doing personal injury work for plaintiffs should be familiar with Act, Regs, and related case law, and doubly so as it relates to parties disability.
17 efforts party under a disability would surely be unable to advance a case. A minor plaintiff, like any or plaintiff, is entitled to full but fair compensation. The parens patriae jurisdiction reason to ensure continued care of plaintiff As a matter of policy re is no reason to treat parties under a disability any differently from competent plaintiffs in terms of appropriateness of compensation for counsel, without whose should not expand that entitlement. The parens patriae jurisdiction does not enable Court to create a different compensation regime for minor plaintiffs. The Court must protect minors' best interests, but it must do so within established structure for compensation of personal injury claims. 22 It may be an attractive concept to preserve money that might be needed for future care costs, by restricting quantum of legal fees to be paid to solicitor, but re is not a sound do so when one considers following: Often re can be a problem with insurance policy limits, such that only money available to respond to claim is inadequate because tortfeasor was underinsured. Problems with witnesses, risk adverse plaintiffs, and a myriad of or problems often result in settlement proposals that are less than 100% of plaintiff's damages. Very often, injured plaintiff shares blame for accident, to a greater or lesser degree, such that, as a result in split in liability, re will not be adequate funds to The rationale behind Rule 7 is to ensure that minors and mentally incapable people are not taken advantage of because y are not in a position to look out for ir own interests. Rule 7 was not, however, designed to give persons under a disability a better deal on legal fees than or claimants. Wher a plaintiff is 17 years old or 19 years 22 Tsaoussis v. Baetz, supra, at para. 29
18 of case to plaintiff's lawyer. benefit insurer, which often has no obligation to make any contribution towards legal to ensure that parties have indeed entered into a valid Contingency Fee Agreement. se retainers should be approved. was entered into (and not with hindsight as to what actually happened during life of file), -16- old should not be determinative of legal fees to be paid at successful conclusion The Office of Public Guardian and Trustee itself charges fees for its involvement. See attached approved fee schedules at Tab 3. In motor vehicle matters, a sizable portion of a settlement can be funded by an accident fees (and often requires a discount to achieve a lump sum settlement of past and future entitlement). If solicitors wish to assert a claim for fees based on a contingency fee retainer, careful attention and care should be paid to provisions of Soficitors Act and Contingency Fee Regulation Consideration should be given to an application to a Judge for approval of agreement before agreement is finalized, rar than waiting until conclusion of case to have agreement approved as part of Rule 7.08 approval process. Where a contingency fee is not used, if a retainer arrangement for a minor is consistent with retainers entered into by adults, There ought to be certainty and predictability of compensation for legal fees. Contingency fee arrangements or reasonable retainer agreements provide for predictability. As well, process ought not to be so cumbersome as to discourage representation of persons under a disability or unduly increase cost associated with acting for se claimants. In July 2012, Ontario Court of Appeal clarified that a two-step process must be followed when enforcement of a Contingency Fee Agreement is sought in context of a Rule 7 approval motion. Firstly, fairness of agreement must be assessed as of date that it
19 a judge faced with a contingency fee agreement calls into question fairness If reasonableness of agreement, judge should normally raise issues or which Justice R. Smith creates an excellent template of factors In be considered for any settlement of a claim on behalf of a party to disability in which a contingency fee agreement is asserted. under this instance, purported contingency fee agreement In The parties settled legal action on eve of trial for costs. million in damages. The lawyer sought court approval of $ contingency fee agreement and approval of his fees in of $4.174 million, which was approved and found to be fair amount reasonable in all of circumstances. This decision, in full, and be on reading list of every plaintiff personal injury should even if likelihood of ever achieving a $12 million lawyer, is remote. The underlying principles still offer excellent settlement Justice Spies dealt with all issues involved in court Where of a settlement on behalf of a minor, where amount approval for claims totalled $5.734 million. The solicitors received that solicitor and client fees be paid in amount of requested received from defendants. It was proposed disbursements this be funded by 20% of monies allocated to plaintiffs that OHIP), pursuant to a contingency fee retainer (including The court reduced amount claimed, approving agreement and, secondly, reasonableness of agreement must be assessed as of date of hearing. 23 The court also provided following guidance: with solicitors and seek ir submissions. 24 (c) RECENT JUDICIAL COMMENT ON CONTINGENCY FEES IN THE RULE 7 CONTEXT 1. Cogan v. M.F., 2007 CanLii ONSC equalled 33-1/3% of total amount recovered for damages and guidance. 2. Giusti v. Scarborough Hospital, 2008 CanLii ONSC million for fees and nearly $90, for disbursements, $1.13 and above $700, for partial indemnity fees and over furr fees in amount of $780, plus GST and endorsed using 15% as a factor from recovery as more reasonably 23 Henricks-Hunter (Litigation Guardian of) v Ontario Inc ONCA Henricks-Hunter (Litigation Guardian of) Ontario Inc ONCA 496, para. 24
20 appropriate amount, given that action was reflecting a year or more in advance of trial. The court noted that, settled it was held that premium on an accident benefit Where should be smaller than premium in a tort settlement 4. Aywas v. Kirwan, 2010 ONSC 2278 (CanLii) Justice Hackland felt a 35% contingency fee for a global Where and AB settlement was excessive and approved of list of tort factors outlined in Lau v. Bloomfield (cited above). Justice Wilkins, in a brief endorsement relating to a 14- Where girl who suffered a fracture of femur and a non- year-old facial bone, held that plaintiff's solicitor failed to file displaced material with respect to issues that needed to be adequate on an application to enforce a purported contingency addressed agreement. The matter was referred to Office of fee Lawyer to review and report on all issues, not just Children's fee agreement, but also post settlement itself. contingency 6. Melvin v. Ontario (Correctional Services), 2013 ONSC 5432 (CanLii) Justice Shaw rejected position of PG&T on legal Where (which was to suggest a reduction) and approved fees requested fee, largely because of detailed dockets solicitor's were available and excellent result. that 7. Henricks-Hunter v Ontario Inc., 2013 ONSC 5245 (CanLii) which Justice Darla Wilson was required to determine wher In contingency fee retainer agreement between law firm and litigation guardian (which was Public Guardian and was fair and reasonable in accordance with s.24 of Trustee) -18- early settlements are to be encouraged, y although reduce financial risk to firm. substantially Adlen (Litigation Guardian of) v. State Farm (2009), 79 C.P.C. (6 th) 140 settlement. McAndrew v. Roberts, 2012 ONSC 472
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North American robotics market sets new records in 2012
A total of 22,598 robots, valued at $1.48 billion were sold to companies in North America in 2012, beating the previous record of 19,337 robots sold in 2011, Robotic Industries Association said. » more


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My brothers` fiance got me a gift not long ago. It was a box of different jewellery from a brand called Material Girl.
I got a faux leather bracelet with studs.
Two necklaces. One is silver and very long with small pyramid spikes around it. The other is a thin gold chain with a little blue skull.
I got a bunch of earrings. One is giant hoops with various colours (yellow, silver and white) and the other set is gems with long spikes.
I got some rings as well (gosh, I`m spoiled!). One is a 3 piece set of basic rings (black, purple and turquoise) and the other is one fits on three fingers at once and it`s got gold hearts on it.
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"Hiking to the picnic tables" United States of America Sports & Outdoors Tip by TropicGirl77
United States of America Sports & Outdoors: 48 reviews and 68 photos
This is a sport for many Americans ... okay, a few of us consider it a sport if you have to HIKE half a mile up the mountain to get to the picnic table! This is on the outskirts of Alamogordo, NM. We stopped off at the mountain base for a picnic area that overlooked the whole area, plus some. Touring the country is not just going to all the hot spots ... stop awhile a check out the whole landscape. You shouldn't be surprised to see vast differences from one county to the next ~ the white line across the top portion of the photo is "White Sands National Memorial" ~ quite a different look than most others photos of White Sands.
Equipment: Be sure to have some field glasses or binoculars. Good walking shoes and don't forget your picnic lunch!
Address: Scene from Cloudcroft area, New Mexico
Theme: Other
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General (3)See All Too big to be boring!
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Shopping (1)Pick an Honest Bank for your banking...
Local Customs (2)See All Native Indians throughout the US
Things to Do (3)See All Rush on over to Mt Rushmore
Warnings and Dangers (3)See All Slave Trading at the Markethouse
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Double Click Now Creates New Tracks In Pro Tools 11
Not a deal-maker by any means, but a nice new feature in Pro Tools 11 is double click on the Edit Window now creates a new track below the current one. A series of modifier keys determines what kind of track is created.
As we say, not something to make a 1 hour documentary for prime time TV about, but still a very welcome workflow addition.
There are currently 1 users browsing this thread. (0 members and 1 guests)


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Blogs Liberty and Power Stealing Property in Montgomery, Alabama (Testimony)May 28, 2009 9:31 pm
Stealing Property in Montgomery, Alabama (Testimony)
Shown below are excerpts from the recent public meeting of the State Advisory Committee of the U.S. Commission on Civil Rights. The highlights are Jimmy McCall, who describes who the city summarily demolished his"dream house," and Jim Peera who faced similar harassment when he tried to build a low-income housing project.
Eminent Domain's Back Door - Alabama Civil Rights Hearing - April 2009 from Don Casey on Vimeo.
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- Pittsburgh native David McCullough's next book will focus on generations of Northwest pioneers
- British historian Sheila Lecoeur is on trial for defamation
- Jim Downs laments that Americans still aren't being taught LGBT history
- Historian Jeremy Kuzmarov calls on Obama to pardon Ethel Rosenberg
- Garry Wills says there's one human test we can use to decide who's the better candidate: Trump or Clinton


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SONY CDP338ESD Owner's Manual
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Thank you very much. The best party that I met. The excellent quality. I recommend to all. This is my first purchase in this company. For sure not the last! Cheers from Poland!
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Complete service manual and easy to read,Lots of good info in this one
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Manual received - Many thanks for an excellent service.
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Thanks for the high Quality rez scans. this was exacly what I needed to repair my old boombox .. ;o)
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SPOILERS: Batman #9
It's saying something when a LoSH character hanging out in Batman is hardly the most WTF moment of an issue.
SPOILERS: Nightwing #7
The circus is a strange place, evident by the endless Nightwing stories that come from it.
Stack Rundown, 10/16/2016
Man, I sure wish Damian showed up in Batman books too... you know, where it'd make total and complete sense?
Monday, September 17, 2012
Red Hood and the Outlaws #0 Preview
Three different pencillers on this one... and you wonder why I want this title to get some consistent (good) art again? Damn you Rocafort, why'd you have to leave?!
Nevertheless... Brett Booth's pages should be good, Ig Guara is fine, and the other guy... well I don't know about that.
(Source: IGN)
Posted by Gotham Spoilers at 2:56 PM
Labels: preview , Red Hood and The Outlaws
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if you are NOT using inverse arp.....
>-If you autosense the LMI, it can find out the DLCIs for you. Otherwise, you have to do a "frame-relay interface dlci" command
Yes, you will recognize the DLCI's, whether or not you autosense the LMI, but it will not automatically assign the DLCI's to the appropriate sub-interface. If you have a T1 with multiple DLCI's, and your design calls for multiple sub-interfaces, then you must still manually assign the appropriate DLCI to the appropriate sub-if.
1. Yes, they are. Each site will have multiple sub-interfaces.
2. Of course. The LMI is only between the router and the upstream telco frame switch. By itself, LMI is irrelevant to the DLCI's or whether or not you set up point-to-multipoint, or point-to-point using subinterfaces..


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Online Sportsbook Pegs Ronda Rousey as Big Favorite Over Cris Cyborg
Let the games begin.
Though far from official as Cris Cyborg has yet to make 135 pounds nor debut with the Ultimate Fighting Championship, online sportsbook Bovada.lv has set the odds in a potential megafight with UFC 135-pound women's champion Ronda Rousey.
Rousey opens as a -375 favorite (4/15), which means a gamer would need to bet $375 on the champion to win $100. Justino is at +280 (14/5), which equates to a $100 wager netting $280 should she take out the undefeated kingpin.
The 28-year-old face of women's mixed martial arts is likely to lock horns with Miesha Tate for a third time before a superfight comes to fruition, however. Given her previous two victories over Tate, the opening odds are quite wide at -1000 (10/1) for Rousey and +600 (6/1) for Tate.
Ronda Rousey vs. Miesha TateRousey -1000 (10/1)
Tate +600 (6/1)
Ronda Rousey vs. Cris CyborgRousey -375 (4/15)
Cyborg +280 (14/5)


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The Revolt of Man
Breakfast was laid for two in the smallest room – a jewel of a room – of perhaps the largest house in Park Lane. It was already half-past ten, but as yet there was only one occupant of the room, an elderly lady of striking appearance. Her face, a long oval face, was wrinkled and crow-footed in a thousand lines; her capacious forehead was contracted as if with thought; her white eyebrows were thick and firmly drawn; her deep-set eyes were curiously keen and bright; her features were strongly marked, – -it was a handsome face which could never, even in early girlhood, have been a pretty face; her abundant hair was of a rich creamy white, the kind of white which in age compensates its owner for the years of her youth when it was inclined to redness; her mouth was full, the lower lip slightly projecting, as is often found with those who speak much and in large rooms; her fingers were restless; her figure was withered by time. When she laid aside the paper she had been reading, and walked across the room to the open window, you might have noticed how frail and thin she seemed, yet how firmly she walked and stood.
This wrinkled face, this frail form, belonged to the foremost intellect of England; the lady was none other than Dorothy Ingleby, Professor of Ancient and Modern History in the University of Cambridge.
It would be difficult, without going into great detail, and telling many anecdotes, to account for her great reputation and the weight of her authority. She had written little; her lectures were certainly not popular with undergraduates, partly because undergraduates will never attend Professors' lectures, and partly because the University would not allow her to lecture at all on the history of the past, and the story of the present was certainly neither interesting nor enlivening.
As girls at school, everybody had learned about the Great Transition, and the way in which the transfer of Power, which marked the last and greatest step of civilisation, had been brought about: the gradual substitution of women for men in the great offices; the spread of the new religion; the abolition of the monarchy; the introduction of pure theocracy, in which the ideal Perfect Woman took the place of a personal sovereign; the wise measures by which man's rough and rude strength was disciplined into obedience, – all these things were mere commonplaces of education. Even men, who learned little enough, were taught that in the old days strength was regarded more than mind, while the father actually ruled in the place which should have been occupied by the mother; these things belonged to constitutional history – nobody cared much about them; while, on the other hand, they would have liked to know – -the more curious among them – what was the kind of world which existed before the development of culture gave the reins to the higher sex; and it was well known that the only person at all capable of presenting a faithful restoration of the old world was Professor Ingleby.
Again, there was a mystery about her: although in holy orders, she had always refused to preach; it was whispered that she was not orthodox. She had been twice called upon to sign the hundred and forty-four Articles, a request with which, on both occasions, she cheerfully complied, to the discomfiture of her enemies. Yet her silence in matters of religion provoked curiosity and surmise – a grave woman, a woman with all the learning of the University Library in her head, a woman who, alone among women, held her tongue, and who, when she did speak, spoke slowly, and weighed her words, and seemed to have written out her conversation beforehand, so pointed and polished it was. In religion and politics, however, the Professor generally maintained silence absolute. Now, if a woman is always silent on those subjects upon which other women talk oftenest and feel most deeply, it is not wonderful if she becomes suspected of heterodoxy. It was known positively, and she had publicly declared, that
Read alsoDon Quijote Cilt 2
Cervantes'in ünlü romanı Don Quijote, tam adıyla La Mancha'lı Yaratıcı Asilzade Don Quijote. Kitabın sunuş yazısını yazan Prof. Jale Parla'nın sözleriyle: "Birinci kısmının basıldığı 1605 yılından beri en çok okunan, en çok sevilen, en çok yorumlanan ve yeniden en çok yazılan La Mancha'lı Şövalye Don Quijote ve silahtarı Sancho Panza'nın…


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AKRON, OHIO — Goodyear Tire & Rubber Co. will raise prices on all of its consumer tires up to 4% and its OTR (off the road) tires up to 5% on April 1, according to Modern Tire Dealer magazine.
Price hikes will cover all brands, according to a Goodyear spokesperson. Goodyear has already sent a letter to its dealers alerting them to the increases.
The price increases were necessary due to increased costs in raw materials and transportation, according to the company.
Source: Modern Tire Dealer Magazine
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[January 11, 2014]
Lego camp connects kids to engineering, electronics [Gazette, The (CO)]
(Gazette, The (CO) Via Acquire Media NewsEdge) Eight-year-old Alex Wind moved his hand in and out of the jaws of a Lego alligator he built using a computer program and a small sensor.
Building the alligator was one of the activities at Lego Robotics Kids Camp Saturday, and Alex was very clear on why he was there: "To learn about Lego engineering and electronics," he said.
About 50 children ages 6 to 12 - in a morning and afternoon session - built Lego robots, learned to program them and then raced their bots up and down the halls of the Rocky Mountain Classical Academy, a charter school in School District 49 where the camp was held.
"They don't get a chance to do this in school," said Esther Lee, owner of Young Bot Builders, the business that hosted the event. "They are playing, but they are learning - they see the gears turn." Lee runs week-long Lego robotics camps over spring break and summer vacation. In Saturday's condensed camp, children worked through three stations, ending with Mindstorms, where they learned concepts about gears, pulleys and levers and the logical steps in programming, Lee said.
The camp was a fund raiser for the Rocky Mountain Calvary AWANA (Approved Workmen Are Not Ashamed) club, which plans to take six teens to Chicago in March for the National Bible Quiz and a fine arts competition. Eight AWANA club members helped the children build robots.
"It's been a really good day," said Jennifer Hills, AWANA commander.
Matthew Dagostino and his son Joey, 8, came down from Woodland Park for the camp. Dagostino recently won a grant for Gateway Elementary School to buy the same Lego robotics kits used in the camp and he and his son wanted a sneak peak at the program.
"I wanted to build it because it's fun building Legos," Joey said.
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