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Jennifer Brown
Jennifer Brown is the Managing Editor of Canadian Lawyer InHouse and Law Times. She has been a business magazine writer and editor for 10 years covering the IT, occupational health and safety, and security sectors for the business-to-business press prior to arriving at InHouse. She was also a newspaper reporter for five years in the Greater Toronto Area covering health care and education before going to work at a daily news online portal reporting on the technology sector.
Lawyer in condo fraud sentenced to 3.5 years in jail
|Meerai Cho pleaded guilty in Ontario provincial court Wednesday to one count of criminal breach of trust.
The matter was heard before Justice Jamie Chaffe at the 1000 Finch Avenue West court.
As Law Times reported in September 2014, Cho was arrested and faced 75 charges related to fraud over $5,000, possession of property obtained by fraud and breach of trust. At that time, she said she transferred the condo purchasers' deposit funds, which she was holding in trust, to her client who was the developer of a North York building. The transfer of the funds to the developer was contrary to the rules of the Condominium Act.
"What it came down to was a breach of trust — all the facts went into the one count as opposed to 75 counts," Trudell says. "She didn't set off to defraud anyone. She didn't put any of the money in her own pocket."
Cho claimed she transferred the money to the developer, Joseph Lee, through an "honest mistake" due to her inexperience.
Trudell says $13.5 million went through her trust account to the developer. The money came from purchasers of condo units in the Centrium condo project at 5220 Yonge Street in Toronto. The project had about 140 investors — at least 50 of them were in court on Wednesday.
"Unfortunately, she trusted him completely, unquestionably and he took off with all the money and is hiding somewhere," Trudell told Legal Feeds.
As late as 2014, the developer would send Cho emails indicating he was sending her the money back.
"She kept feeding his demands to save the project and continued to do that because she thought he was going to send the money back and the project would work," says Trudell.
At one point, Cho mortgaged her own home and gave $400,000 of her money to try and save the condo project.
Trudell says Cho received none of the money and that was a significant factor in the court not ordering restitution.
"If you get the fruits of the crime, then obviously restitution is appropriate, but in this case, because she got nothing, she has nothing and chances of repaying it are negligible and she was receiving a penitentiary sentence on the scale of large-scale fraud," he says.
Cho stopped practising law and agreed to temporary suspension of her licence in 2014 and will now lose her right to practise.
Trudell described it as an "emotional day in court" as seven people read victim impact statements.
"The victim impact statements were raw and emotional," says Trudell. "They are people who are still angry, of course, but when they realize she got not one penny, people might look at her a little differently."
Trudell said some victims have made applications to the Law Society of Upper Canada compensation fund and it is "anticipated the victims will be compensated."
In a statement, the LSUC said its Compensation Fund "will move as quickly as possible to provide claimants with any grants for which they may be eligible, on the basis of the lawyer's dishonesty. The process is already underway and, if grants are approved by the Compensation Fund Committee, eligible claimants should begin receiving fund grants in the spring."
Cho's guilty plea and the evidence provided will be used to complement the LSUC's own evidence during the law society hearing, which is currently scheduled for March 8, 2017.
There is no limit on the total number of grants paid in respect of an individual lawyer. The Compensation Fund has per claimant limit of $150,000 for losses resulting in the period between September 2010 and July 2013, when Cho transferred monies held in trust for the purchasers to the developer of the condominium project. Each claim is assessed on its own merits to ensure it conforms with the Law Society Act and the Compensation Fund Guidelines.
Cho, originally a journalist in Korea, came to Canada and became a lawyer. Trudell says many of the victim impact statements came from people who also came to Canada to invest and lost everything.
"A lot of the victims said they had no faith in Canada and the justice system and legal system because lawyers are supposed to protect them," says Trudell. "She [Cho] stood up, apologized to them and told them not to lose faith in the legal system . . . She said there are a lot of wonderful lawyers; don't use me as an example."
Cho will serve the sentence in a federal institution, likely Grand Valley Institution for Women in Kitchener, Ont.
Lawyers for the victims are also pursuing civil actions.
Trinity Western battle headed to SCC
Trinity Western University et al. v. Law Society of Upper Canada will be heard with Law Society of British Columbia v. Trinity Western University, et al.
The university won in British Columbia, where an appeal court overturned a law society refusal to accredit its graduates, but it lost in Ontario, where the law society refused accreditation. The Nova Scotia Barristers' Society lost twice in court against Trinity Western and has said it doesn't plan to appeal.
Read more about the Trinity Western law school proposal and the debate that has taken place in the profession around the issue in the Canadian Lawyer magazine February cover story "Dividing the bar."
Caravel launches precedent service for financing documents
|Caravel Law co-founder Joe Milstone says law firms in the U.S. have been making common, basic precedents available for quite some time.
Recently, Caravel Law, formerly Cognition LLP, launched Caravel Law Compass — a platform to assist startups and investors in generating free first-draft documents and expedite the financing process.
"The idea is about making basic information and documents ubiquitous and available to everybody," says Caravel co-founder Joe Milstone, who notes it may also be a tool used by in-house counsel.
"There is really no reason why this couldn't be incredibly valuable to corporate counsel as well, in terms of doing financing and in-sourcing — it's one of those areas often considered not a core area of expertise and so they flip it outside," he says.
Using technology and automation, Caravel took documents important to small to mid-size companies to create early drafts of what tend to be common financing documents.
"More than making the templates available, we've created a way to provide free access to this portal and tool so companies plug in information and develop their own initial drafts, which can save them a lot of money," says Milstone.
When the company decides it needs further legal advice, it can go to outside lawyers, but in between, it has saved some money as opposed to paying for a precedent that has been created over and over again.
"There's no reason why it can't be valuable to corporate counsel as well in terms of how they are doing financing and in-sourcing more than they traditionally have. You're often paying a lot of money for what is likely pulling a precedent off the shelf in many cases," says Milstone.
In creating the tool, Milstone says Caravel looked at the "best of breed" of various documents and using Contract Express (a product developed by a U.K-based company prior to it being acquired by Thomson Reuters in October 2015) created the appropriate questions to self-generate documents at the early stages of a matter.
Caravel has a partnership with National Angel Capital Organization to provide the service for its members and small to medium-size companies. Caravel used the tool to create automation for basic incorporation, but it had not taken it a step further for the financing process.
"The thinking is that there is no inherent IP value in just a document or a precedent," says Milstone. "We hope to, and we feel we can play a valuable role in terms of customizing and tailoring and negotiating those documents. But if we can't add that value, then, frankly, we're happy to make that IP available to everybody on a free basis. Our value comes in with what we can do with it afterwards."
The next step for Caravel, says Milstone, is creating similar frameworks and templates for regular business documents such as non-disclosure agreements, supplier, vendor and sales agreements.
This kind of service has been offered by some firms in the United States for quite a while, including Cooley LLP, an international law firm based in Palo Alto, Calif. It is a firm often pointed to as a primary example of how firms are making precedents available to clients for free.
"It's been done in the States by larger firms long ago and long-awaited in Canada but has been frustratingly not available for companies," says Milstone.
Mylan wins in patent battle over combo arthritis drug
|Nathaniel Lipkus and Bradley White represented Mylan Pharmaceutical in the case involving a commonly used anti-inflamatory drug.
AstraZeneca Canada Inc v. Mylan Pharmaceuticals ULC. It is the first ruling on the validity of the Vimovo formulation patent anywhere in the world.
The naproxen-esomeprazole combined drug is used for patients with arthritis who might have some risk of side effects with their stomach.
The drug is used for osteoarthritis, rheumatoid arthritis and ankylosing spondylitis — a form of spinal arthritis. It is one of the most heavily prescribed class of drugs on the market.
While separately naproxen and esomeprazole were already generically available, some patients might be prescribed two pills to take but not always follow through to take them together. Now they can get what they need in one pill and for less cost. The generic version should be on the market imminently.
Similar patents are currently being litigated in the United States.
Although naproxen and esomeprazole are both generic drugs in Canada, the Vimovo patent enabled AstraZeneca to charge a higher price for its combination product.
Mylan was arguing that the formulation patent was obvious in view of the prior art and what was out there, while AstraZeneca was saying the formulation was inventive.
The court found the combination formulation to be obvious given prior art and common general knowledge.
Bradley White, partner at Osler Hoskin & Harcourt LLP who led the case for Mylan, says the two components of the drug — naproxen and esomeprazole — were already genericized products.
"What the patent in this particular case covered was a formulation that combined these two products together into a single dosage and it was that formulation they asserted was inventive," he says.
"The fact these two components were already generically available, it really seemed like a formulation patent that had been put in place that would permit the brand company to charge brand prices for something that to some extent was already being done."
The case turned specifically on the expert evidence filed in this case, says White.
In the decision, Justice Alan Diner wrote: "I agree with Mylan that this combination was an example of illustrating the prior art."
"Overall, it's clear the courts favoured our evidence," says White. "We were saying all these various elements of this particular formulation were known in the prior art and, therefore, it would have been obvious to the person to bring the various pieces of the prior art together along with common general knowledge to arrive at the invention."
It is common for patent holders to try to combine their drug with another drug and see if there is a way to extend their patent protection.
"In this case, we had a very decorated clinician who said these drugs are being combined in the clinic all the time and there isn't really anything special about putting them together," says Nathaniel Lipkus, partner at Osler who was on the team with White for Mylan.
AstraZeneca argued the way it formulates the drug is special, but through the evidence, Mylan was able to demonstrate the way AstraZeneca did it was something that had already been done before.
"When you added it all up, there wasn't an inventive contribution," says Lipkus.
He says one of the things judges have a difficult time doing is stepping into the shoes of the scientist confronted with this problem.
"Our formulators did a great job helping the judge step into those shoes and explain that 'we know how to formulate these drugs together and there are pre-existing formulations that look exactly like this, just with different drugs' and the judge was clearly persuaded by that evidence," says Lipkus.
There is still an opportunity for AstraZeneca to commence an infringement proceeding against Mylan upon launch of the generic version of the drug.
CJC announces inquiry into actions of Justice Newbould in land claim issue
|Justice Frank Newbould
According to a statement from Newbould's lawyer Brian Gover of Stockwoods LLP, the Indigenous Bar Association filed a complaint with the CJC related to a proposed land claim settlement that was discussed in 2014 at a public meeting called by the Mayor of Sauble Beach.
The land claim was to part of Sauble Beach. At the meeting, comments about the proposed settlement were requested. Newbould's family has a cottage in the area and has owned it for nearly 100 years. He spoke briefly at the meeting.
He also wrote a letter to the town council in his "personal capacity" about the issue. Feedback had been invited before the council was to formally consider the proposal.
Newbould was notified by the CJC of seven complaints that followed, questioning whether a judge who owns property that may be affected is entitled to comment on such issues.
The complaints were dismissed by the CJC including one from the Indigenous Bar Association in January 2015 on the basis that "no further measures need to be taken by the Council pursuant to its mandate under the Judges Act."
"The Chairperson of the CJC's Judicial Conduct Committee expressly found that it was not in the public interest to request additional information from the complainant, or to seek Justice Newbould's comments and those of his chief justice. Nor did the Chairperson consider it to be in the public interest to refer the matter to a Review Panel," according to the statement from Gover.
In June 2015, the IBA requested the CJC reconsider its decision.
"It has been the position of Justice Newbould that after the complaints were dismissed, the CJC has no jurisdiction to reconsider a closed complaint. However, yesterday, February 13, 2017, the CJC notified Justice Newbould of its Review Panel's view that this power does exist and of its decision to constitute an Inquiry Committee. This was done despite the fact that Justice Newbould had previously notified the Minister of Justice of his retirement, effective June 1 of this year, for unrelated personal reasons.
"The situation raises an issue involving perception," the statement says. "It is one for which Justice Newbould apologized in 2014 due to the perception caused by the fact he is a judge. Throughout the entirety of his distinguished judicial career, Justice Newbould has carried out his duties effectively and without bias."
Newbould, team lead of the Commercial Court List in Toronto, is perhaps best known for overseeing the lengthy cross-border Nortel trial.
The decision to go ahead with the inquiry was made by a Judicial Conduct Review Panel of five members, which, in accordance with Council's 2015 procedures, brought in additional transparency and public participation to the process. The panel was comprised of three members of Council, one puisne judge and one layperson.
Members of the panel reviewed allegations relating to the judge's participation in the debate on the proposed settlement to a boundary dispute that was the subject of a land claim involving a First Nation in Ontario.
The CJC has confirmed the issue is related to a claim in Sauble Beach involving the Saugeen First Nation.
After review of the matter, the panel agreed that, if proven, the allegations surrounding the intervention of Newbould in the context of a court case could be so serious that they may warrant the judge's removal from office.
Nuri Frame of Pape Salter Teillet LLP, a firm that represents the Saugeen First Nation, told Legal Feeds his client did not file the complaint against Newbould despite its "deep concern about his conduct" and that his involvement had "impaired its interest and impaired the ability of all parties to arrive at a successful resolution to the issue outside of trial."
"It is my understanding that Justice Newbould participated in a community meeting in the fall of 2014 and that Justice Newbould subsequently wrote one and perhaps more than one letter to the municipal council up there with respect to Saugeen First Nation claim regarding Sauble Beach, which is obviously a litigation going back to the middle of the nineteenth century with respect to the improper delineation of where Saugeen's reserve ends and the failure to recognize the entirety of Saugeen's reserve pursuant to their treaty of 1854," says Frame.
In its statement, the CJC noted that "it is important to note that all allegations regarding the judge have not been proven. The Inquiry Committee will have the responsibility of establishing the facts about this case and of presenting a report to the Council."
In accordance with the CJC's Inquiries and Investigations By-laws, the inquiry committee will be comprised of an uneven number of members, the majority of which will be council members. The Minister of Justice will be invited to designate one or more members of the Bar.
Roy Heenan remembered as 'brilliant jurist' and 'big personality'
|Roy Heenan, co-founder of Heenan Blaikie LLP, passed away Feb. 3. (Photo credit: Toronto Star)
Norm Bacal, who was national co-managing partner for 16 years at Heenan Blaikie, was first a student in Heenan's labour law class at McGill Law.
"That's how far back we go," says Bacal. "But I only got a 'C'. The running joke in the firm for years after I was hired into the tax department was that I would never have to do any labour work and Roy would never have me."
While he had only spoken with Heenan once in the last couple of years, Bacal says when he heard the news about his death he felt a "great sense of loss" for the person who had been a major influence on his life.
"Roy and Peter changed my life and sent it in a particular direction," he says.
Montreal lawyer Karen Rogers also started her career with Heenan, working with him from 1990 to 2014.
"In one word, he was a passionate person and his passion was in the law, in advocacy, for his clients, the firm — and you could feel it," says Rogers, now a partner at Langlois LLP and chairwoman of that firm's litigation group. "As a young lawyer and even growing up with him, there was this enthusiasm and need to do the best of your ability. What he built at Heenan, he believed a lot in people and working as a team with respect and not only the lawyers but the support staff and to appreciate the value of the whole team."
Rogers recalls Heenan giving speeches at the firm emphasizing that it was the "kindler, gentler firm."
"That was very important to him," she says.
Bacal, who also "grew up" at Heenan Blaikie, recalls Roy Heenan as another kind of teacher, saying he learned a lot from him about how to approach people.
"He cast a giant shadow because he was a big personality, but on top of everything else, he was a real gentleman, always. There are so many aspects to him as an individual and so many lessons that he taught that I think he did without meaning to teach.
"Part of what Roy taught I'm not sure he was even aware he teaching," Bacal says. "He was charming and it didn't matter who you were — whether it was the receptionists, the hostesses, Fidel Castro, he treated you the same way," he says.
Heenan Blaikie became known as a firm that offered a different climate for lawyers to practise law and be treated differently. It rose to fame as having one of the top labour and employment practices in the country.
"He was a brilliant jurist and will always be remembered as such in the labour community," says Bacal.
Rogers also worked with co-founding partners Peter Blaikie and Don Johnston. She recalls the firm having a mandate to not just work for big clients but do smaller files and help less fortunate clients — something that mattered to Heenan.
"I think he could have worked anywhere and he didn't want to do law for money, he did it because he enjoyed it," she says. "When you'd go to court, you'd see him running down the hallway in his gown — he was a passionate person who didn't necessarily do things the way lawyers generally do things. He felt if you did well and excelled at what you did, the rest would fall into place."
When the firm collapsed in 2014, it was "extremely hard" for Heenan, Rogers says, adding that for her even today it's "difficult to understand."
"The firm folding was not about the majority but the minority who did not necessarily get along, which caused the whole thing to happen. It wasn't a financial issue. I was a partner at Heenan and I didn't anticipate it, to be quite frank, and I'm pretty sure Roy didn't anticipate it either," she says. "It was probably one of the biggest deceptions of his life."
Heenan will also be remembered for his role in the Canadian arts world. Rogers remembers the art in the Montreal office and how Heenan decided where each painting would go.
"He built, possibly single-handedly, the reputation of a number of Canadian artists, simply by the volume of Canadian art he bought over the years," says Bacal. "He found many unknown artists and held on to their works until they became known."
Bacal has written a book about the fall of Heenan Blaikie called Breakdown: The Inside Story of the Rise and Fall of Heenan Blaikie, which will be released Feb. 28.
As a leader, he was described as unique. "Even his detractors loved him," says Bacal.
Visitation for Heenan is today at the Kane & Fetterly Funeral Home in Montreal. A funeral service will be held tomorrow, Friday Feb. 10, at 1 p.m. at St. George Anglican, 1101 Stanley Street in Church in Montreal.
Lawyers can play critical role in time of political uncertainty
NEW YORK — While tech disruption and innovation in the legal market is causing law firms and in-house departments a lot of pain as they try to adapt, no other one trend has been quite so vexing as recent political challenges including the new administration in Washington and the Brexit vote.
|ALM analyst Daniella Isaacson says political and economic disruption is number one issue for legal leaders.
"What we consistently hear is that the impact of political and economic disruption is their single biggest concern," said Daniella Isaacson, senior analyst with ALM Intelligence, who speaks regularly with managing partners, general counsel, vendors and consultants in the legal sphere.
Isaacson was speaking together with Nicholas Bruch, senior analyst also with ALM Intelligence, as part of the opening address to the Legaltech conference in New York City today.
Bruch said the biggest concerns for firms and in-house departments are around things they can't control and regulations are just one big piece of that puzzle.
"If you look across the world, you see this very clearly if you look at the two biggest markets — the United States and the U.K. — what we see is uncertainty. I think it's safe to say there is a lot of uncertainty over the new administration," said Bruch, referring to the Trump presidency in Washington. "In the U.K., it's Brexit that is driving it. We also see a similar story in the EU, in the Middle East and in future of U.S.-Asia trading."
The global CEO of Dentons, Elliott Portnoy, who appeared in a video as part of the presentation, agreed that regulatory uncertainty is good for business but comes at a time when firms face many other challenges.
"The most consistent theme I hear from clients is that their greatest concern is regulatory uncertainty in key markets and that does create more work for our firm and others but comes at a tricky time for the industry," he said.
Given this world of uncertainty is one in which law firms and increasingly many in-house legal departments live and work, and as lawyers are also risk managers, the state of the world should not be viewed as a threat but an opportunity to serve as advisers in difficult times.
"For law firms, it means more questions, more clients, more billable hours. For law departments, it's an opportunity to showcase your abilities to the broader organization," said Isaacson.
Portnoy said firms like Dentons need to be "far more nimble, far more agile in adopting the same innovation strategies that our clients are using."
New competitors providing new services are also a threat — not just other law firms competing with each other but also in-house departments competing with law firms and service providers particularly who are creating something entirely different with artificial intelligence, blockchain and machine learning.
Bruch also noted that the in-house departments are also under pressure and are rapidly changing how they source services. There are companies leveraging non-lawyers, virtual lawyers and contract lawyers. ALM Intelligence data shows 80 per cent of law departments are in-sourcing more and 40 per cent are decreasing their use of law firms, while 70 per cent are increasing their use of alternative service providers.
Isaacson said firms can save millions by moving to shared service centres or from re-engineering staffing.
At an earlier session with ALM editors, top trends discussed included a move at some firms with regulatory practices taking on social media work for clients in a model that doesn't require the staff involved to bill hours. This signals a move toward firms generating revenue in different ways and having to determine how partners take that revenue home.
Requests for proposals also continue to determine who gets work. Often defined as "Flintstone or Jetson" firms — those who demonstrate they are using technology and better understanding how a company works are winning over the Flintstone firms. In one instance, a firm lost a bid when it proposed addressing certain matters by going to trial even though the company had expressed no interest in arriving at a solution that way.
Analytics were also highlighted as a big driver for law firms this past year. There is also a trend toward consolidation in the e-discovery sector, while cloud technology has seen a slower adoption. It is expected that artificial intelligence will pick up speed in the next year or two.
Legaltech continues tomorrow and Thursday.
Law Foundation opens call for grant applications
The Law Foundation of Ontario's Responsive Grants Program is accepting applications from non-profit groups interested in improving access to justice.
Each year, the Responsive Grants Program includes one round of major grants (up to $100,000) and two rounds of small grants (up to $15,000). The next deadline for both small and major grants applications is March 31.
"We really leave it to the community and to the organizations that know the legal needs of the communities to tell us what needs to happen and what projects are beneficial to the community," says Kirsti Mathers McHenry, director, policy and programs with The Law Foundation of Ontario.
Responsive Grants aim to encourage new ideas, innovations, approaches and relationships that can help address emerging needs and connect more people to legal information and supports, especially people who are not currently being reached.
Organizations based outside Ontario can apply to the foundation for a grant if the proposed project offers a benefit to the people of Ontario.
The grants have provided seed money for hundreds of innovative projects across Ontario. For example, past grants have provided legal information support for street youth, funded a theatrical production to educate Thunder Bay high school students about restorative justice and funded the pilot of "That's Not Fair!"— an animated series of videos, online games and lesson plans to introduce children to critical thinking about democracy.
Organizations that are interested in applying are encouraged to review the foundation's full listing of grants made and to contact one of its grants officers with any questions or ideas they may have.
"We do see timely projects like LifeLine Syria's application that respond to emerging and current needs," says Mathers McHenry.
Some applications come from lawyers or non-profit organizations run by lawyers.
"There are also a lot of community agencies that know there is a legal need among the population they are trying to serve and they can connect to a lawyer and bring the expertise in to the organization temporarily for the project," she says.
In some cases, the applications seek to develop an app or deliver information through a web portal or site.
"We see a lot of interesting ideas around technology and access to justice. We do a lot of work training front-line workers and we fund training to support those front-line workers," she says.
The Law Foundation's board of trustees makes the decisions on who receives the grant funding. The current chairwoman is Linda Rothstein of Paliare Roland Rosenberg Rothstein LLP.
"They are thoughtful, accomplished leaders in the justice sector and they make all the decisions about what gets funded," says Mathers McHenry.
For full details and funding criteria, go to lawfoundation.on.ca.
Study shows law firm senior leadership still largely white and male
Despite much talk over the last decade around boosting diversity and inclusion in law firms, women and racialized lawyers continue to be under-represented in the Canadian legal profession with Caucasian men continuing to far outnumber those two groups in senior leadership roles, according to a study from the Canadian Centre for Diversity and Inclusion.
In fact, the study shows Caucasian men who responded to the survey have the greatest odds of being an equity partner, and they are seven times more likely than racialized women to be an equity partner.
The study, "Diversity by the Numbers: The Legal Profession," conducted by the CCDI in partnership with the Canadian Bar Association, shows the representation of minority groups in the legal profession has not changed substantially over the last three years that the CCDI has been collecting data. In 2014 and 2015, 73.99 per cent and 76.88 per cent of senior leader respondents were men. In 2016, 75.34 per cent of senior leader respondents to the survey were men and 90.78 per cent of senior leaders were Caucasian.
In 2014 and 2015, 89.28 per cent and 88.91 per cent of senior leader respondents were Caucasian respondents, respectively. Another statistic of note is that 81.9 per cent of senior leaders are equity partners.
"Results from 2014, 2015 and 2016 do not show a shift towards a more diverse and inclusive workforce, particularly in partner and leadership roles," the report states.
The study, sponsored by Borden Ladner Gervais LLP, Cassels Brock & Blackwell LLP, Dentons Canada LLP, McCarthy Tétrault LLP and Miller Thomson LLP, shows women and racialized respondents are under-represented in equity partner and senior leader roles and over-represented as associates and articling or summer students.
Authors of the report say factors contributing to the perpetuation of these numbers include "inflexible working conditions, rigid firm culture, high client expectations and overall economics of the profession."
While some might point to a tough economy since 2008, Deanna Matzanke, director, measurement and analytics at the CCDI, says the economy is a "significant red herring" and what the report shows is "a compelling validation" that the current law firm model makes it difficult for women and minorities to rise to equity partner positions.
" . . . the process of billable hours, the emphasis placed on client relationships, and the hierarchal 'Old Boys Club' network in law firms do not support or foster a diverse and inclusive environment."
The report goes on to say that women find themselves in a difficult position when faced with trying to balance family needs with law firm demands. Also, " . . . lawyers from minority groups do not have the same social and cultural capital to network and find mentors who relate to them, because the pool is very small."
That means many leave the law firm culture for more flexible and accommodating environments elsewhere, such as in-house roles or solo practice.
Matzanke, a lawyer herself, says the results of the study are disappointing and show that diversity and inclusion are not being successfully implemented in the legal profession, despite the fact the pool of potential lawyers in law school has increased in diversity and at the associate level at law firms shows fairly high diversity.
The majority of racialized respondents in the legal profession are Asian, while all other groups show very small representation.
A total of 11 firms from nine provinces and one territory participated in the 2016 survey. Firms were invited to participate directly by CCDI via the Law Firm Diversity and Inclusion Network, and the Canadian Bar Association sent a letter to all members.
"There's nothing surprising here really," says Level Chan, a partner with Stewart McKelvey LLP in Halifax and the CBA's representative on the CCDI's advisory committee.
"As to why we're not moving the needle much, I think it's a matter of retention and advancement, and as you see particularly with women, there continues to be over-representation at the associate and entry level areas of the firms, but we're not keeping them. I think that in turn is translating to having fewer people available for senior roles and as equity partners. That is the ongoing issue we've had in the legal profession."
Chan argues the economy has played a factor as he says "many law firms" have gone through rounds of layoffs and that would impact the ability of people to get into partnership roles as well.
In-house lawyers and their powerful role in the market is also a big factor. With law firms under regular scrutiny by corporate clients on use of the billable hour, the ability to maintain revenue streams has been a challenge.
"My anecdotal observation is that, of course, when there is less work there is less billable hours and less billings that would translate into the numbers admitted to partnership," he says. "One of the common responses from clients to reduce their legal costs is to hire in-house lawyers and find internal resources to do due diligence or review contracts, so that is driving that change on the in-house side, too."
There are also more attractive roles for in-house lawyers seeking something different from the usual private practice path.
Chan says from what he has seen, those lawyers leaving big law firms are women and other minorities being drawn to in-house positions offering certain elements not offered in traditional law firm compensation schemes, such as pensions, benefits or other financial incentives.
"So long as you're not getting racialized lawyers as partners, you're similarly not really going to get racialized people in leadership roles and that also applies with women," says Chan. "Certainly, I think firms are making a concerted effort to try and increase representation in leadership and I think there have been attempts to get more women in senior roles. While women are still underrepresented, there are still a larger pool of women to draw on for partners than there are racialized lawyers."
Kate Broer, partner with Dentons Canada and a member of the CCDI's advisory committee, agrees with Chan that lawyers have a "broader range of options" other than the traditional path of private practice and many are moving into in-house roles or to other opportunities.
The war on the billable hour may also be influencing who remains at the top of many law firms. Firms are generally taking on fewer students, and Broer says gone are the days of "guaranteed hire-backs."
But times are changing and if firms are to retain certain talent and appeal to a new generation of clients that want to see greater diversity of talent and for their own staff who want better life balance, firms will have to better address the issue. Broer says these days it's not only women who want to take time away from their careers to raise children but men, too.
She also points out that women are gaining voice at the top of some large firms. This year, Dentons Canada elected five women to its board of 10 directors in Canada. That is an increase from two out of 10 in the previous year and in 2009 none of the members of the board were women.
Although the CCDI tried to include Canada's 22 law schools in the survey to provide a comparison of students enrolled against the broader profession, the schools did not participate this year, although it was originally scheduled to be conducted this year.
"My impression is there is a huge importance in getting that law school data," says Chan. "I know in speaking to deans at law schools they do see it as an issue and are working on it, but no law school has really been particularly open and transparent with respect to that other than programs they would already have in place."
Judge orders young offender records be produced in class action
Lawyers for the plaintiff in a youth solitary confinement class action against the province of Ontario are appealing an order that their client produce his young offender records to the Crown.
|James Sayce says judge doesn't have jurisdiction over young offender records.
J.K. v. Her Majesty the Queen in Right of the Province of Ontario involves allegations of Ontario's "over-reliance on the use of solitary confinement on minors in Ontario's youth justice facilities."
The class action claims $100 million in damages for negligence and breach of fiduciary duty and $25 million in punitive damages. It covers everyone detained or incarcerated at youth detention centres from Jan. 1, 2007 to the present and were placed in secure isolation while under the age of 18. Lawyers for J.K anticipate the proposed class to "number in the thousands."
J.K. alleges the Crown was "negligent, in breach of fiduciary duties, and has breached the Class Members' rights under s. 7,9, and 12 of the Canadian Charter of Rights and Freedoms.
On Dec. 22, 2016, Justice Paul Perell of the Ontario Superior Court of Justice ordered J.K. to produce his young offender records to the Crown. Perell ruled that records relating to J.K.'s crimes and incarceration, which took place when he was a minor, are relevant to his motion to certify the matter as a class proceeding.
Perell said that "by commencing this class action and by delivering an affidavit, J.K. has waived his right of privacy while at the same time preserving the rights of privacy of the putative Class Members, who under the Class Proceedings Act, 1992, are protected from discovery without leave of the court.
"To be a representative plaintiff is to be a champion for the class and I anticipate that J.K. will be prepared to be a champion and make the necessary disclosure of relevant documents," Perell said in his decision, noting "appropriate orders" can be made to seal the court file and that J.K. would be protected by the deemed undertaking rule.
The order asks for J.K.'s records for before, during and after his incarceration in a number of youth justice facilities in Ontario. The documents include behaviour reports, youth management plans, serious occurrence reports, secure isolation release plans, secure isolation observation placement review, secure isolation observation logs, and other correspondence.
Before the age of 18, J.K. was convicted of several criminal offences, and incarcerated at three different youth centres. He was placed in secure isolation several times in two of the locations, the first time when he was 15 years old. At one, he said the placements lasted up to 12 hours each time in a "small soiled room with no bathroom, bed, chair or mat."
The Crown had also requested a full criminal history file from the Canadian Police Information Centre, however Justice Perell refused to order the production of that file.
J.K.'s lawyers, Koskie Minsky LLP and Sutts Strosberg LLP, are appealing Perell's decision and have brought a motion to stay the order pending the appeal.
"Everything Justice Perell ordered to be produced is protected by the Youth Criminal Justice Act," says James Sayce, an associate from Koskie Minsky.
"We think there are serious grounds for appeal and that the Court of Appeal will take issue with some of Justice Perell's reasoning and what's in the order," he says. "We think Justice Perell has made some errors."
"The acts, the occurrences, events that take place while you are incarcerated or while being rehabilitated are not to be published to the public or to individual litigants in litigation," says Sayce.
Criminal lawyer Daniel Brown points to R. v. Sheik-Qasim that covers the rationale for protecting such records.
Brown says while there are a number of scenarios where someone could gain access to YCJA records, none in s. 119 of the Act would apply to defending a civil lawsuit.
"It's surprising that this judge would order that the young person needs to disclose his records in order to advance a civil action. It would appear to run contrary to the principles of the Youth Criminal Justice Act and the purpose behind sealing those records in the first place," he says.
The Crown argues that the Youth Records are relevant to the certification motion with respect to whether J.K. was in secure isolation, the particulars of the institution and time spent in isolation and whether he is an "appropriate representative plaintiff" as well as to test his "credibility on the matters about which he deposed in his affidavit."
As it stands, J.K. has been ordered to obtain the files and produce them to the Civil Law office Crown.
Sayce says the relevance of ordering the records to be produced is at issue as a certification motion is not about the merits of the claim but asks, "Can it work as a class action?"
In his decision, Perell acknowledged that "a judge, managing a class action is not a judge of the Youth Justice Court" and that he doesn't have jurisdiction to make an order under the Youth Criminal Justice Act to grant access to records. However, he decided that:
"…it is patently obvious to me that the requested Youth Records are relevant to the certification criterion, most particularly to the common issues and preferable procedure criteria.
"The proposed common issues for the class actions concern the details of the circumstances and duration of placement in secure isolation."
Sayce says the case is about a "systemic problem", not about one individual's experience.
The Office of the Provincial Advocate for Children and Youth released a report in 2015 entitled It's a Matter of Time, which provides details on the use of solitary confinement on children in Ontario.
The report takes issue with the use of solitary confinement in Ontario's youth justice facilities and advocates for greater safeguards and/or the complete eradication of the use of solitary confinement on children in Ontario.
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The hotel is in the middle of a medical district about 15 mins tube ride and 5 mins walk from the centre of town.
The room (a suite) was very spacious, modern & clean.
TV channels limited for English speaking, Tea making facilities OK but the offer of free soft drinks (cokes fanta water and even a beer) was unusual but welcome.
The reception staff were excellent and very helpful. (esp Daphne)
I mentioned the hotel was a bit out of town but this is a positive when you consider how quiet it was.
Breakfast was adequate but again a bit limited choice of 3 or 4 fruits, yoghurt, rolls and cereal being a bit repetitive for a 4 day stay.
The hotel had an honesty bar which we didn't avail ourselves of (honest) mainly because we were out a lot. However it was still a relaxing place to sit and read.
The last day was spoiled for me as I had my wallet stolen at the Cathedral square, but again Daphne was a great help when we returned to the hotel.
I think I would return again as I guess we prefer comfort and quiet above all else and Barcelona was splendid for 3 of the 4 days we were there.
- Official Description (provided by the hotel):
- Hotel Primero Primera has recently opened its doors in Barcelona. It is a 4* boutique hotel which offers a relaxed and quiet atmosphere and the comfort of a private home. Located in the residential area of Tres Torres-Sarria, just 10 minutes by metro from the Barcelona's city center. Its 30 spacious rooms are all exterior and carefully decorated with all sorts of details. It has a cafe with access to the terrace, a 24hrs snacks corner, free refreshments and honesty bar service, a cozy lounge with fireplace and comfortable sofas and a fitness. Outdoor swimming pool & garden. ... more less
- Reservation Options:
- TripAdvisor is proud to partner with Booking.com, Hotels.com, ACCOR, Priceline, Travelocity and Jetsetter so you can book your Hotel Primero Primera reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Hotel Primero Primera Barcelona, Catalonia

subset: commoncrawl


text:
Closer Trailer (2004)
"If you believe in love at first sight, you never stop looking." 01 December 2004 Drama, Romance 104 mins
Set in contemporary London, a story of passion, drama, love, and abandonment involving four strangers--their chance meetings, instant attractions and casual betrayals.
Watch the official Closer 2004 trailer in HD below or find more Closer videos on Vidimovie.com.


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CATCH OUR FRESHEST TOY & REVIEW NEWS 1ST ON TWITTER Follow @FLYGUY
August 29, 2015 | By FLYGUY
Studshooter's "Night of the Living Dead" Minifig Giveaway!
Enter to win 3x brand new unopened LEGO Series 14 Monster collectible minifigs! You'll get the full zombie hoard trio: Zombie Businessman, Zombie Cheerleader, & Zombie Pirate!
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text:
I like to remember little details about people.
I like to remember little details about people.
the formless thing which gives things form!
Found Forum Haiku Project
Positive Spin | your feedback welcomed | Darker Criticism
Masquerading as a normal person day after day is exhausting.
My blog:
TypeC: Adventures of an Introvert
Wordpress: http://introvertadventures.wordpress.com/
I know one thing for sure and that when Fidelia has enough thug points she's going to explode the whole damned place!
I want my super ability to be super speed so I can out run the whole consequent atomic hell which I just know will be over run by legions of Beefeaters public schooled zombis...
Take the weakest thing in you
And then beat the bastards with it
And always hold on when you get love
So you can let go when you give it
I know that when I studied Education we were presented with major educational philosophies. At first I could not decide whether or not I was an Idealist or a Pragmatist, but the more I discuss things with people, the more I realize that I am definitely a Pragmatist. I definitely have ethical beliefs, but those beliefs are meaningless if they don't produce effective, real-world results, or hurt a lot of people in the long run just so I can say I have my principles.
I'm totally a Pragmatist. Whatever works to produce the maximum desired outcome.
"Luke, you're really going to have to stop trying to be my friend or I'm going to have to kill you!" - Sylar
This Heroes marathon is one of the greatest things I've come up with in ages!
Even the lowest whisper can be heard—over armies—when it's telling the truth.
"Everybody has a secret world inside of them. All of the people of the world, I mean everybody. No matter how dull and boring they are on the outside, inside
them they've all got unimaginable, magnificent, wonderful, stupid, amazing worlds. Not just one world. Hundreds of them. Thousands maybe." -Neil Gaiman
in the process of uploading video for typec video challange, i forgot what a fucking nightmare it is.
"We knew he was someone who had a tragic flaw, that's where his greatness came from"


text:
8227 Wimbledon Avenue
Baton Rouge, Louisiana, 70810
Commute to Downtown Baton Rouge
Some errands can be accomplished on foot.
About your score
8227 Wimbledon Avenue has a Walk Score of 54 out of 100. This location is Somewhat Walkable so some errands can be accomplished on foot.
This location is in Baton Rouge. Nearby parks include Mayfair Park and Meadow Park.
Explore how far you can travel by car, bus, bike and foot from 8227 Wimbledon Avenue.
This location is in the city of Baton Rouge, LA. Baton Rouge has an average Walk Score of 40 and has 229,493 residents.Learn More About Baton Rouge


text:
Fresh Asparagus
|250 Gram (As Many As Are Needed; Allow 4 To 6 Per Person)
|Boiling water
|1⁄2 Cup (8 tbs)
|1⁄2 Teaspoon
|Melted butter
|1 Tablespoon
|Lemon juice
|1 Tablespoon
Cut away fibrous part of asparagus stalks; tie rest together.
Place in tall pot; add boiling water and salt.
Cover; cook over medium heat about 8 minutes (do not overcook); drain.
Pour over asparagus melted butter to which a little lemon juice has been added.
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 161 Calories from Fat 109
% Daily Value*
Total Fat 12 g19.2%
Saturated Fat 7.8 g39%
Trans Fat 0 g
Cholesterol 32.3 mg10.8%
Sodium 981.8 mg40.9%
Total Carbohydrates 11 g3.8%
Dietary Fiber 5.3 g21.2%
Sugars 5.1 g
Protein 6 g11.4%
Vitamin A 45.4% Vitamin C 34.8%
Calcium 6.9% Iron 29.8%
*Based on a 2000 Calorie diet


text:
Sam Scott and Luke Rowell get loose with some voice effects to give us a somewhat-psychedelic report on actual near-death experiences, and the music people hear when they enter the proverbial tunnel of light.
Sam Scott and Luke Rowell get loose with some voice effects to give us a somewhat-psychedelic report on actual near-death experiences, and the music people hear when they enter the proverbial tunnel of light.
We're proud to bring you our next exclusive iHeartRadio Session, presented by Barkers, this time featuring The Phoenix Foundation.
The steadfastly Wellingtonian six-piece have been making music together for more than 20 years, and released their sixth studio album Give Up Your Dreams in August. Samuel Flynn Scott and Luke Buda then dove back into the studio to work on Dave Dobbyn's new album, before the band headed off to tour the UK and Europe. Somewhere in between they've found time to head along to the Barkers flagship store on High Street in Auckland, and film a live performance of the ten tracks from GUYD. […]
Tracklist: Mountain, Bob Lennon John Dylan, Playing Dead, Sunbed, Prawn, Celestial Bodies, Myth, Trans Fatty Acid, Jason, Give Up Your Dreams.
Highlights: The gang-vocal chorus of Bob Lennon John Dylan (one of our favourite songs on 2015), the dreamy summer weirdness of Prawn, the Beach Boy-esque vocal harmonies over the Pink Floyd-ish Myth, the celebratory, bouncing exuberance of Give Up Your Dreams.
In the video to his perennial hit Loyal, Dave Dobbyn – complete with mullet and alarming jersey – wandered around as a house was being packed up around him.
This time, for his latest song, Dave is standing still as a house is being built around him.
That's the concept of the video of Tell the World, the first single off Dobbyn's new album Harmony House which is due out in March, 2016
"Tell The World is a song written whilst lucid dreaming," says the singer-songwriter.
"I get a lot of ideas that way. The verse is like a chorus already, but the chorus arrived in a flash a few weeks later and wouldn't go away. It had to be a declaration and it had to have a sense of place."
The track is the first fans get to hear of Dobbyn's collaboration with Samuel Flynn Scott and Luke Buda of the Phoenix Foundation who came in as producers on the album.
The clifftop video is directed by Karl Lear.
"Sam and Luke loved it from the start so recording it was a quick, generous process.
"I'm very happy with the video. Nothing like working on a cliff edge to keep you on your toes."
A music video directed by Michael Taylor for Wild Bill Ricketts track 'The Great Eastern'. This music promo was nominated for best Music Video at the London Limelight awards 2015.
The track is from Will's second solo album 'West Wind'.
Coup De Main x AllTracks | THE PHOENIX FOUNDATION
01/12/15 19:31
by Rose Riddell
A band with longevity in their career is something of a rarity these days, especially with fans becoming more and more fickle – however, THE PHOENIX FOUNDATION have managed to overcome all odds, and released their sixth album 'Give Up Your Dreams' earlier this year.
They've come a long way since the release of their debut album 'Horsepower' back in 2003 – with a sound that has changed alongside that musical journey. The new album has been heralded as adventurous yet cynical at the same time – "don't let anyone say the world is your oyster/the world is not an oyster".
We spoke to the band's Luke Buda about their new album, NZ music, and more – check out 5 things we learnt below…
Thanks to NZ On Air Music
Directed by the amazing Puck Murphy!
The video premiered on Wonderland Magazine,
The band said of the track that, it "contains so few overdubs. It's a very full arrangement, but it really is mostly just the band playing it like a band. It's about the human obsession with UV light and what a powerful and destructive thing that can be. From turning orange with a fake tan, to melting on a tanning bed, to galaxies passing through-other stars colliding-cosmic radiation and destruction on a macro level. It's also quite a catchy tune."
here's a song we left off our last album because it was TOO FUN. Check it out, it's great https://t.co/cpMyLvU1ft
— Bunnies On Ponies (@samuelfscott) October 25, 2015
For this week's Pod Save The Theme topic, Sam Scott speaks with Jeremy Taylor about the hidden (and not so hidden) meanings of popular songs from past decades.
Irregular M101 guest and contributor Sam Scott returns for summer with all sorts of fun facts and musical artefacts. This week, Melody Thomas and he explore music and commerce, and the nature of music publishing with Jan Hellriegel.
John Kennedy's X-Posure Podcast, episode 172 on iTunes.
Recorded right after their London show on 3rd November.
On Friday 2 October, The Phoenix Foundation debuted material from their latest album, Give Up Your Dreams, at Auckland venue The Powerstation. RNZ's Andre Upston was there to capture the prog-indie sextet's technicolour pop performance.


text: Vendeur: m.j.aquatics.93 (18.993) 99.9%, Lieu où se trouve: Woodmansey, Lieu de livraison: Worldwide, Numéro de l'objet: 280782543175 WE ALWAYS GUARANTEE DELIVERY OF YOUR ITEM WITH OUR PROMPT EFFICIENT SHIPPING PROGRAM AS YOUR SATISFACTION IS OUR PRIORITY. SO LET US KNOW IF SOMETHING DOES GO WRONG AT email@example.com WE ALWAYS HELP.Super Underwater Volcano We now have a fantastic volcano for placement within any aquarium. The unit is the best value of its type that we could find. This ornament comes complete with mains powered red LED light and an air stone all fitted as standard. It offers a great realistic volcanic eruption using the bubble effect when connected to any air pump. Compared with many others available on the market today this is by far the best, both for looks and price. Its size is approx 19cm long 14cm wide 12cm tall Please be aware that the picture is taken in a darkened room with all tank lights turned off. To see OUR RETURNS POLICY click on the link. We are a small family run business and pride ourselves on our customer service being second to none, please contact us if you feel there were any issues with your purchase or if we can improve our service in any way. Brand: Fadulla, MPN: Does Not Apply, SIZE: 19cm long X 14cm wide X 12cm tall, Water Type: All Water Types


text:
Let us know when your receive great advice so we can thank our lawyers and point others with similar questions in the right direction.Got it!
I am on probation for assault bodily injury. i have never been on probation before this is my first time.
It depends upon your P.O., and the requirements of the Court. Some probation officers will tell you immediately and give you an opportunity to come clean with your violation. Some P.O.'s will sandbag you with a warrant.
If you are concerned about violating the conditions of your probation, and what affect it could have on your freedom and criminal record, you should consult a criminal defense lawyer in the county in which your probation originated. They will be more likely to be able to tell you what YOUR judge or YOUR probation department is going to do.
Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
I agree with Ms. Shipman. Maybe and maybe not. Depends on the p.o.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
In my experience working with probationers in Bexar County, there are some probation violations that tend to immediately trigger a Motion to Revoke Probation (MTR). There are others, that sometimes are allowed to add up before seeing an MTR. For instance, getting a new arrest will usually result in an MTR withiin a week for the arrest, but being late on your payments, hours, or even missing a report date might not. Now if the State files an MTR, everything done wrong or not done will show up there, even if each infraction was not enough to trigger an MTR by itself. Knowing which "straw" will "break the camel's back" is hard, because it depends on a lot of nonscientific things.
If you know you tested positive, be assured that your PO already knows about it. Your PO is also probably waiting to see how you will react to it and what steps you will take without being forced or threatened. The question is whether you will try to pretend nobody can see it and not talk to your PO about it, or take the initiative and get help, which will look good to your PO and to the court, in the event that it comes up later. Your PO can often hook you up with a good treatment program. If an MTR happens at some time in the future, your voluntary participation in some kind of program is something your attorney can use to brag on you and make you look better because you took that initiative to get clean, stay clean, and get your life back.
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text:
After you have exhausted what there is in business, politics, conviviality, and so on - have found that none of these finally satisfy, or permanently wear - what remains? Nature remains.
To the real artist in humanity, what are called bad manners are often the most picturesque and significant of all.
There is that indescribable freshness and unconsciousness about an illiterate person that humbles and mocks the power of the noblest expressive genius.
There is no week nor day nor hour when tyranny may not enter upon this country, if the people lose their roughness and spirit of defiance.
The shallow consider liberty a release from all law, from every constraint. The wise man sees in it, on the contrary, the potent Law of Laws.
I say to mankind, Be not curious about God. For I, who am curious about each, am not curious about God - I hear and behold God in every object, yet understand God not in the least.
Stranger, if you passing meet me and desire to speak to me, why should you not speak to me? And why should I not speak to you?
O public road, I say back I am not afraid to leave you, yet I love you, you express me better than I can express myself.
poor boy! I never knew you, Yet I think I could not refuse this moment to die for you, if that would save you
WE two boys together clinging,One the other never leaving,Up and down the roads going, North and South excursions making,Power enjoying, elbows stretching, fingers clutching,Arm'd and fearless, eating, drinking, sleeping, loving.No law less than ourselves owning, sailing, soldiering, thieving,threatening,Misers, menials, priests alarming, air breathing, water drinking, onthe turf or the sea-beach dancing,Cities wrenching, ease scorning, statutes mocking, feeblenesschasing,Fulfilling our foray.
Of all sad words, of tongue or pen, the saddest are these: 'It might have been.' Let's add this thought, unto this verse: 'It might have been a great deal worse."
The most affluent man is he that confronts all the shows he sees by equivalents out of the stronger wealth of himself.
Love the earth and sun and animals, Despise riches, give alms to everyone that asks, Stand up for the stupid and crazy, Devote your income and labor to others... And your very flesh shall be a great poem.
The genius of the United States is not best or most in its executives or legislatures, nor in its ambassadors or authors or colleges, or churches, or parlors, nor even in its newspapers or inventors, but always most in the common people.
I believe in the flesh and the appetites, Seeing, hearing, feeling, are miracles, and each part and tag of me is a miracle. Divine am I inside and out, and I make holy whatever I touch or am touched from, The scent of these armpits aroma finer than prayer, This head more than churches, bibles, and all the creeds.
I cannot be awake for nothing looks to me as it did before, Or else I am awake for the first time, and all before has been a mean sleep.
My ties and ballasts leave me - I travel - I sail - My elbows rest in the sea-gaps. I skirt the sierras. My palms cover continents - I am afoot with my vision.
All music is what awakes from you when you are reminded by the instruments. It is not the violins and the cornets-it is not the oboe nor the beating drums, nor the score of the baritone singer singing his sweet romanza-nor that of the women's chorus; it is nearer and farther than they.
I celebrate myself, and sing myself, And what I assume you shall assume, For every atom belonging to me as good belongs to you.
Human bodies are words, myriads of words, (In the best poems re-appears the body, man's or woman's, well-shaped, natural, gay, Every part able, active, receptive, without shame or the need of shame.)
Let that which stood in front go behind, let that which was behind advance to the front, let bigots, fools, unclean persons, offer new propositions, let the old propositions be postponed.
There is no place like it, no place with an atom of its glory, pride, and exultancy. It lays its hand upon a man's bowels; he grows drunk with ecstasy; he grows young and full of glory, he feels that he can never die.
We all have great things on our bucket lists like skydiving, seeing the Northern Lights etc, but what about simply falling in love? Isn't that the most amazing thing we can do?
Camden was originally an accident, but I shall never be sorry I was left over in Camden. It has brought me blessed returns.
So here I sit in the early candle-light of old age-I and my book-casting backward glances over out travel'd road.
O captain! My Captain! Our fearful trip is done. The ship has weather'd every wrack The prize we sought is won The port is near, the bells I hear The people all exulting While follow eyes, the steady keel The vessel grim and daring But Heart! Heart! Heart! O the bleeding drops of red Where on the deck my captain lies Fallen cold and dead.
A perfect writer would make words sing, dance, kiss, do the male and female act, bear children, weep, bleed, rage, stab, steal, fire cannon, steer ships, sack cities, charge with cavalry or infantry, or do anything that man or woman or the natural powers can do.
I open my scuttle at night and see the far-sprinkled systems, All all I see multiplied as high as I can cipher edge but the rim of the farther systems. Wider and wider they spread, expanding, always expanding, Outward and outward and forever outward.
A Song of the good green grass! A song no more of the city streets; A song of farms - a song of the soil of fields. A song with the smell of sun-dried hay, where the nimble pitchers handle the pitch-fork; A song tasting of new wheat, and of fresh-husk'd maize.
Viewed freely, the English language is the accretion and growth of every dialect, race, and range of time, and is both the free and compacted composition of all.
Oh while I live, to be the ruler of life, not a slave, to meet life as a powerful conqueror, and nothing exterior to me will ever take command of me.
The earth, that is sufficient, I do not want the constellations any nearer, I know they are very well where they are, I know they suffice for those who belong to them.
Lo! body and soul!--this land! Mighty Manhattan, with spires, and The sparkling and hurrying tides, and the ships; The varied and ample land,--the South And the North in the light--Ohio's shores, and flashing Missouri, And ever the far-spreading prairies, covered with grass and corn.
An electric chain seems to vibrate, as it were, between our brain and him or her preserved there [in a Daguerreotype] so well by the limner's cunning. Time, space, both are annihilated, and we identify the semblance with the reality.
...of two simple men I saw today on the pier in the midst of the crowd, parting the parting of dear friends, the one to remain hung on the other's neck and passionately kissed him. While the one to depart tightly pressed the one to remain in his arms.
I know I am deathless. No doubt I have died myself ten thousand times before. I laugh at what you call dissolution, and I know the amplitude of time.
I know nothing grander, better exercise, better digestion, more positive proof of the past, the triumphant result of faith in human kind, than a well-contested American national election.
I am for those who believe in loose delights, I share the midnight orgies of young men, I dance with the dancers and drink with the drinkers.
Youth, large, lusty, loving -- Youth, full of grace, force, fascination. Do you know that Old Age may come after you with equal grace, force, fascination?
Thought Of equality- as if it harm'd me, giving others the same chances and rights as myself- as if it were not indispensable to my own rights that others possess the same.
Sail Forth- Steer for the deep waters only. Reckless O soul, exploring. I with thee and thou with me. For we are bound where mariner has not yet dared go. And we will risk the ship, ourselves, and all.
Through the ample open door of the peaceful country barn, A sun-lit pasture field, with cattle and horses feeding; And haze, and vista, and the far horizon, fading away.
O me! O life!... of the questions of these recurring; of the endless trains of the faithless... of cities filled with the foolish; what good amid these, O me, O life?
Seasons pursuing each other the indescribable crowd is gathered, it is the fourth of Seventh-month, (what salutes of cannon and small arms!
Failing to fetch me at first, keep encouraged. Missing me one place, search another. I stop somewhere waiting for you.
Now understand me well. It is provided in the essence of things that from any fruition of success, no matter what, shall come forth something to make a greater struggle necessary.
Out of every fruition of success, no matter what, comes forth something to make a new effort necessary.
The wild gander leads his flock through the cool night, Ya-honk! he says, and sounds it down to me like an invitation: The pert may suppose it meaningless, but I listen closer, I find its purpose and place up there toward the November sky.
this is thy hour o soul, thy free flight into the wordless, away from books, away from art, the day erased, the lesson done, thee fully forth emerging, silent, gazing, pondering the themes thou lovest best, night, sleep, death and the stars.
The question, O me! so sad, recurring - What good amid these, O me, O life? That you are here - that life exists and identity, that the powerful play goes on, and you may contribute a verse.
Silence? What can New York-noisy, roaring, rumbling, tumbling, bustling, story, turbulent New York-have to do with silence? Amid the universal clatter, the incessant din of business, the all swallowing vortex of the great money whirlpool-who has any, even distant, idea of the profound repose......of silence?
There's a man in the world who is never turned down, whatever he chances to stray; he gets the glad hand in the populous town, or out where the farmers makes hay; he's greeted with pleasure on deserts of sand, and deep in the aisles of the woods; wherever he goes there's a welcoming hand-he's the man who delivers the goods.
I see Hermes, unsuspected, dying, well-beloved, saying to the people, "Do not weep for me, This is not my true country, I have lived banished from my true country - I now go back there, I return to the celestial sphere where every one goes in his turn."
Everybody is writing, writing, writing - worst of all, writing poetry. It'd be better if the whole tribe of the scribblers - every damned one of us - were sent off somewhere with tool chests to do some honest work.
There was never any more inception than there is now, Nor any more youth or age than there is now; And will never be any more perfection than there is now, Nor any more heaven or hell than there is now.
The eager and often inconsiderate appeals of reformers and revolutionists are indispensable to counterbalance the inertia and fossilism marking so large a part of human institutions.
A writer can do nothing for men more necessary, satisfying, than just simply to reveal to them the infinite possibility of their own souls.
To speak in literature with the perfect rectitude and insouciance of the movements of animals and the unimpeachable of the sentiment of trees in the woods and grass by the roadside is the flawless triumph of art.
Did you, too, O friend, suppose democracy was only for elections, for politics, and for a party name? I say democracy is only of use there that it may pass on and come to its flower and fruit in manners, in the highest forms of interaction between people, and their beliefs - in religion, literature, colleges and schools- democracy in all public and private life...
The soul is always beautiful, it appears more or it appears less, it comes or it lags behind, It comes from its embowered garden and looks pleasantly on itself and encloses the world.
Afoot and light-hearted I take to the open road. Healthy, free, the world before me. The long brown path before me leading me wherever I choose. Henceforth, I ask not good fortune, I myself am good fortune. Henceforth, I whimper no more, postpone no more, need nothing.
Exact science and its practical movements are no checks on the greatest poet, but always his encouragement and support ... The sailor and traveller, the anatomist, chemist, astronomer, geologist, phrenologist, spiritualist, mathematician, historian and lexicographer are not poets, but they are the lawgivers of poets and their construction underlies the structure of every perfect poem.
Not I, nor anyone else can travel that road for you. You must travel it by yourself. It is not far. It is within reach. Perhaps you have been on it since you were born, and did not know. Perhaps it is everywhere - on water and land.
In the dooryard fronting an old farm-house near the white-wash'd palings, Stands the lilac-bush tall-growing with heart-shaped leaves of rich green, with many a pointed blossom rising delicate, with the perfume strong I love, With every leaf a miracle - and from this bush in the dooryard, With delicate-color'd blossoms and heart-shaped leaves of rich green, A sprig with its flower I break.
O magnet-South! O glistening perfumed South! My South! O quick mettle, rich blood, impulse and love! Good and evil! O all dear to me!
Out of the cradle endlessly rocking, Out of the mocking bird's throat, the musical shuttle, . . . . A reminiscence sing.
A woman waits for me, she contains all, nothing is lacking, Yet all were lacking if sex were lacking, or if the moisture of the right man were lacking.
Love, that is day and night - love, that is sun and moon and stars, Love, that is crimson, sumptuous, sick with perfume, no other words but words of love, no other thought but love.
O joy of suffering! To struggle against great odds! to meet enemies undaunted! To be entirely alone with them! to find how much one can stand! To look strife, torture, prison, popular odium, death, face to face! To mount the scaffold! to advance to the muzzles of guns with perfect nonchalance! To be indeed a God!
The moon gives you light, and the bugles and the drums give you music, and my heart, O my soldiers, my veterans, my heart gives you love.
As to scenery (giving my own thought and feeling), while I know the standard claim is that Yosemite, Niagara Falls, the Upper Yellowstone and the like afford the greatest natural shows, I am not so sure but the prairies and plains, while less stunning at first sight, last longer, fill the esthetic sense fuller, precede all the rest, and make North America's characteristic landscape.
I am not to speak to you, I am to think of you when I sit alone or wake at night alone, I am to wait, I do not doubt I am to meet you again, I am to see to it that I do not lose you.
Press close, bare-bosomed Night! Press close, magnetic, nourishing Night! Night of south winds! Night of the large, few stars! Still, nodding Night! Mad, naked, Summer Night!
Have you learned the lessons only of those who admired you, and were tender with you, and stood aside for you? Have you not learned great lessons from those who braced themselves against you, and disputed passage with you?
All the past we leave behind; We debouch upon a newer, mightier world, varied world, Fresh and strong the world we seize, world of labor and the march, Pioneers! O Pioneers!
For we cannot tarry here, We must march my darlings, we must bear the brunt of danger, We, the youthful sinewy races, all the rest on us depend, Pioneers! O pioneers!
I think I could turn and live with animals, they are so placid and self-contained, I stand and look at them long and long.
The jour printer with gray head and gaunt jaws works at his case, He turns his quid of tobacco, while his eyes blur with the manuscript.
O to be self-balanced for contingencies, to confront night, storms, hunger, ridicule, accidents, rebuffs, as the trees and animals do.
Roaming in thought over the Universe, I saw the little that is Good steadily hastening towards immortality, And the vast all that is called Evil I saw hastening to merge itself and become lost and dead.
You linger to see his back, and the back of his neck and shoulder-side...The Bending forward and backward of the rowers...
The purpose of democracy - supplanting old belief in the necessary absoluteness of establish'd dynastic rulership, temporal, ecclesiastical, and scholastic, as furnishing the only security against chaos, crime, and ignorance - is, through many transmigrations, and amid endless ridicules, arguments, and ostensible failures
Apart from the pulling and hauling stands what I am, Stands amused, complacent, compassionating, idle, unitary, Looks down, is erect, or bends an arm on an impalpable certain rest, Looking with side-curved head curious what will come next, Both in and out of the game and watching and wondering at it.
O the joy of my spirit--it is uncaged--it darts like lightning!It is not enough to have this globe or a certain time,I will have thousands of globes and all time.
All goes onward and outward, nothing collapses, And to die is different from what any one supposed, and luckier.
I am larger, better than I thought; I did not know I held so much goodness.All seems beautiful to me.Whoever denies me, it shall not trouble me; Whoever accepts me, he or she shall be blessed, and shall bless me.
A child said What is the grass? fetching it to me with full hands;How could I answer the child? I do not know what it is any morethan he.
I exist as I am, that is enough,If no other in the world be aware I sit content,And if each and all be aware I sit content.One world is aware, and by the far the largest to me, and that is myself.
I bequeath myself to the dirt to grow from the grass I loveIf you want me again look for me under your boot-soles.You will hardly know who I am or what I meanBut I shall be good health to you nonethelessAnd filter and fibre your blood.
I know perfectly well my own egotism,And know my omnivorous words, and cannot say any less,And would fetch you whoever you are flush with myself.
TO the States or any one of them, or any city of the States, Resist much, obey little, Once unquestioning obedience, once fully enslaved,Once fully enslaved, no nation, state, city of this earth, ever after-ward resumes its liberty.
I too am not a bit tamed, I too am untranslatable, I sound my barbaric yawp over the roofs of the world.
Why should I be afraid to trust myself to you? I am not afraid, I have been well brought forward by you...
Not I, nor anyone else can travel that road for you.You must travel it by yourself.It is not far. It is within reach.Perhaps you have been on it since you were born, and did not know. Perhaps it is everywhere - on water and land.
Future years will never know the seething hell and the black infernal background, the countless minor scenes and interiors of the secession war; and it is best they should not. The real war will never get in the books.
Pointing to another world will never stop vice among us; shedding light over this world can alone help us.
Whoever you are, motion and reflection are especially for you, The divine ship sails the divine sea for you.
In this broad earth of ours, Amid the measureless grossness and the slag, Enclosed and safe within its central heart, Nestles the seed of perfection.
I bequeath myself to the dirt to grow from the grass I love, If you want me again look for me under your bootsoles.
I see great things in baseball. It's our game - the American game. It will take our people out-of-doors, fill them with oxygen, give them a larger physical stoicism. Tend to relieve us from being a nervous, dyspeptic set. Repair these losses, and be a blessing to us.
Long have you timidly waded Holding a plank by the shore, Now I will you to be a bold swimmer, To jump off in the midst of the sea, Rise again, nod to me, shout, And laughingly dash with your hair.
To drive free, to love free, to court destruction with taunts, to feed the remainder of life with one hour of fullness and freedom - one brief hour of madness and joy.
The female that loves unrequited sleeps, And the male that loves unrequited sleeps, The head of the money-maker that plotted all day sleeps, And the enraged and treacherous dispositions, all, all sleep.
You must not know too much or be too precise or scientific about birds and trees and flowers and watercraft; a certain free-margin , or even vagueness - ignorance, credulity - helps your enjoyment of these things.
Smile O voluptuous coolbreathed earth! Earth of the slumbering and liquid trees! Earth of departed sunset! Earth of the mountains misty-topt! Earth of the vitreous pour of the full moon just tinged with blue! Earth of shine and dark mottling the tide of the river! Earth of the limpid gray of clouds brighter and clearer for my sake! Far-swooping elbowed earth! Rich apple-blossomed earth! Smile, for your lover comes!
Walt Whitman, a kosmos, of Manhattan the son, Turbulent, fleshy, sensual, eating, drinking and breeding, No sentimentalist, no stander above men and women or apart from them, No more modest than immodest.
Love-buds, put before you and within you, whoever you are, Buds to be unfolded on the old terms; If you bring the warmth of the sun to them, they will open, and bring form, color, perfume, to you; If you become the aliment and the wet, they will become flowers, fruits, tall blanches and trees.
If there were nothing else of Abraham Lincoln for history to stamp him with, it is enough to send him with his wreath to the memory of all future time, that he endured that hour, that day, bitterer than gall - indeed a crucifixion day - that it did not conquer him - that he unflinchingly stemmed it, and resolved to lift himself and the Union out of it.
O YOU whom I often and silently come where you are, that I may be with you; As I walk by your side, or sit near, or remain in the same room with you, Little you know the subtle electric fire that for your sake is playing within me.
Have you heard that it was good to gain the day? I also say it is good to fall, battles are lost in the same spirit in which they are won.
The great city is that which has the greatest man or woman: if it be a few ragged huts, it is still the greatest city in the whole world.
In the confusion we stay with each other, happy to be together, speaking without uttering a single word.
Speech is the twin of my vision, it is unequal to measure itself, it provokes me forever, it says sarcastically, Walt you contain enough, why don't you let it out then?


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Cresent Peak Road, Sumpter, OR 97877Request info Add to list
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|Space Type
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|3,036,132 sqft
Building Details:
Cresent Peak Road is aspecial purpose property for lease in Sumpter, OR. The property currently has 1 special purpose space for lease and is marketed by Sperry Van Ness Commercial Real Estate Advisors.
A truly unique opportunity to own a producing gold mine, rich in Oregon history and once world renowned as a major contributor to "Oregon's Golden Years." Buckeye Mine is also the home to the "Ghost Mine" as seen on SyFy Channel. Property boasts a spectacular view with a variety of summer and winter recreational opportunities including; hunting (deer, elk, bear, Rocky Mountain bighorn sheep), fishing, hiking, snowmobile trails and much more!
• Estimated $10 Million plus in Gold & $16 Million in rare earth elements in the old tailings
• 7.5 acres placer deposits
• On-site assay lab
• 13 existing structures on site including 7 cabins, cook shack, 3 outhouses, supply shed, shower house, and lab
• Up to 60% Owner Financing Available
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At Austkor we collaborate closely with specialists in all areas of digital marketing and development to ensure we deliver the most effective strategy and solutions for our clients.
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Question about Microsoft Windows XP Home Edition
When I try to install things I get this message----critical error 1603 occurred while installing microsoft windows installer. How can I fix this?
Posted by dutchiev326 on
This message pop up only when your OS is damaged. try and repair your window Xp and then reintall whatever you want to install. it should work. but if it continues, then check on your RAm, there may be damping, try and replace it. Good luck
Posted on Jun 29, 2008
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To access the settings for the reporting feature:
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Right-click My Computer, then click Properties.
Click the Advanced tab.
Click Error Reporting.
To configure the error reporting feature:
By default, error reporting is enabled. To disable it, click Disable error reporting. To continue to be notified when errors occur without being prompted to report the errors, click to select the But notify me when critical errors occur check box.
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Reflection 323BHS
This Reflection fifth wheel model 323BHS by Grand Design RV features quadruple slide outs for added space, a rear bunkhouse that the kids or extra guests will love, a convenient kitchen island inside, and an outdoor kitchen too!
Step inside and see how spacious the interior living area is with dual opposing slides. Straight in from the door you will see a counter area with hutch and overhead storage cabinets. To your left there is a slide out booth dinette and theater seating for two with cup holders and overhead storage. You may choose an optional free standing table instead.
The opposite side slide out features an entertainment center including a 40" TV and fireplace with storage overhead, plus kitchen amenities that allow you to easily prepare and cook food while you are away from home. There is a refrigerator, a three burner range with microwave oven, a large pantry, and center island for added counter space. The island also features a large kitchen sink.
The rear bunkhouse features a slide out sofa with a flip-up bunk above. There is a separate entertainment center along the back wall that has been prepped for a TV. The kids will enjoy having their own space to hang out and watch TV. You will also find a wardrobe, and a set of bunks including a window in the upper bunk, and drawers below the bunks for additional storage.
Below the bunks there is a convenient outdoor kitchen. The perfect feature for those who love to cook and dine outside. The kitchen features a refrigerator, single sink, two burner stove top, and counter area. There is also plenty of overhead storage as well.
Back inside head right just inside the front entry door and find a step up to the side aisle bath featuring a corner radius shower with skylight, and a toilet plus a sink with overhead cabinet. There is also a second entry door into the front master bedroom from the bath. The linen cabinet which is part of the bedroom wardrobe slide is easily accessible from inside the bath.
The private front bedroom features a queen size bed with overhead storage, a wardrobe slide that also includes a linen cabinet for the master bath, and so much more!
You are sure to enjoy the exterior unobstructed pass-thru storage and all-in-one docking station.We have 2 323BHS availableView Inventory
Sleeps 7 Slides 4 Length 36 ft 10 in Ext Height 12 ft Exterior Color Tan Hitch Weight 1980 lbs Gross Weight 13995 lbs Dry Weight 10708 lbs Fresh Water Capacity 60 gals Grey Water Capacity 75 gals Black Water Capacity 43 gals Furnace BTU 40000 btu
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- Stock #: 34535
- Length: 36 ft 10 in
- Location: Thurmont, MD
- Sleeps up to 7
- MSRP Price: $61,848
- 19 Photos
- Stock #: 34702
- Length: 36 ft 10 in
- Location: Thurmont, MD
- Sleeps up to 7
- MSRP Price: $60,848
Beckleys RVs is not responsible for any misprints, typos, or errors found in our website pages. Any price listed excludes sales tax, registration tags, and delivery fees. All prices may not include Beckley's Camping Center's 145 point pre-delivery inspection. Manufacturer-provided pictures, specifications and features may be used as needed. Inventory shown may be only a partial listing of the entire inventory. Please contact us at 800-615-6171 for availability as our inventory changes rapidly. All calculated payments are an estimate only and do not constitute a commitment that financing or a specific interest rate or term is available.


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