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Unprotected Defendants
- Augustus Hensley
- 1 years ago
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1 Collateral Benefits Protected and Unprotected Defendants Rastin Associates Highway 12 P O Box 398 Midland ON L4R 4L1 Tel
2 Introduction The fundamental goal of the tort law system is to ensure that the negligent defendant pays his dues and restores the plaintiff to the position she would have been in absent the tortfeasors negligence Put another way an action for damages is not intended to create a windfall for injured plaintiffs The Supreme Court of Canada has moved away from a punitive approach steering itself toward the maxim of fair compensation for all parties by precluding injured plaintiffs from recovering more than which they are entitled No doubt entrenched in principles of fairness and justice this rule against double recovery can be construed as bestowing an unintended benefit on tort defendants by allowing for deductibility of collateral benefits Enter now the protected defendant who enjoys not only the deductibility of collateral benefits but other statutory protections that its non protected counterpart does not Some might ask where is the fairness in that The Collateral Source Rule Common Law At common law the collateral source rule serves as an exception to the rule against double recovery bearing two components First public or private support benefits such as welfare charitable gifts etc received by an injured plaintiff will not be deducted from an award for income loss or loss of earning capacity The Ontario Court of Appeal in Boarelli v Flannigan2 expressed that Moneys received by an injured party as a result of a private or public benevolence have never been taken into consideration in assessing damages for loss of income or earning capacity 3 1 The author would like to acknowledge the considerable assistance provided by TVA The Legal Outsourcing Network in conducting primary research citations check and the initial drafts of this paper O R 69 C A 3 Ibid at para 12 But see MB v British Columbia S C R 477 S C C where the Supreme Court held that social assistance benefits are a form of wage replacement and do not fall under the charitable benefits exception thus making them deductible 2
3 The second exception to the rule against double recovery is the private insurance exception established in Bradburn v Great Western Railway Co 4 In that case receipt of benefits from a private insurer was held not to be deductible from damages for personal injury The private insurance exception is rooted in the principle that a negligent defendant should not benefit from a plaintiffs forethought and wisdom in securing private insurance in the event of disability The Supreme Court of Canada twice maintained this exception in Ratych v Bloomer5 and Cunningham v Wheeler Ratych involved a police officer who was injured in a motor vehicle accident He required time off work due to his collision related injuries during which time he received his full salary By an narrow 5 4 margin the Supreme Court held that the officer was not entitled to claim lost wages from the tort defendant In writing for the majority Justice McLachlin stated the fundamental principle of recovery in a tort action is that an injured plaintiff is to be compensated for the full amount of his loss but no more 7 as conferred by the Supreme Court in the trilogy ofandrews v Grand Toy Alberta Ltd 8 Thornton v Prince George School Board9 and Arnold v Tenol Upholding the principle of fair compensation McLachlin J felt it best served by focusing not on the tortfeasor but on restoring the plaintiff to his pre accident state that is to award him not a penny less nor more All E R Rep 195 Ex Div S C R S C R Ratych supra note 4 at para S C R S C R S C R Ratych supra note 4 at para 23 3
4 In writing for the minority Cory J cited with approval the private insurance exception in Bradburn stating at paras The interrelationship of the tort system and other forms of compensation from private or public collateral sources has become a complex problem with the growth of legislation providing benefits for injured workers Commentators have complained that the development of the law in this area has been characterized by instability recurrent shifts in judicial thinking and the absence of underlying principle Yet despite any confusion that may have beset this issue no court in Canada or England has questioned the principle enunciated in Bradburn supra that benefits awarded under a private insurance contract should not be deducted from damages awarded against a tortfeasor internal citations omitted The Court of Appeal in Bradburn held that the plaintif was entitled to receive both the amount payable by the insurer and the damages for loss of income recoverable from the defendant Pigott B held at p 197 I think that there would be no justice or principle in setting off an amount which the plaintiff has entitled himself to under a contract of insurance such as any prudent man would make on the principle of as the expression is laying by for a rainy day He pays the premiums upon a contract which if he meets with an accident entitled him to receive a sum of money It is not because he meets with the accident but because he made a contract with and paid premiums to the insurance company for that express purpose that he gets the money from them As discussed in Ratych English courts have never questioned nor applied the deductibility rule to private insurance Ratych was no different In spite of McLachlin J s approval of the Bradburn rule and the non deductibility of private insurance benefits the majority of the Supreme Court did not find receipt of sick leave benefits analogous to private insurance benefits and thus held them deductible from an award for damages Ratych was drastically narrowed by Cunningham v Wheeler12 which involved three appeals pertaining to the question of deductibility of disability benefits from a plaintiffs claim for lost wages McLachlin J now writing for the minority reiterated her position on fair compensation 12 Cunningham supra note 5 4
5 to both parties focusing again on restorative not punitive damages On the private insurance exception issue in Bradburn the minority felt it should not be extended to benefits paid under employment contracts stating that where a loss is made good by employment benefits the plaintiff suffers no parallel loss recoverable in tort Now writing for the majority in Cunningham Cory J firmly upheld the private insurance exception stating at paras I think the exemption for the private policy of insurance should be maintained It has a long history It is understood and accepted There has never been any confusion as to when it should be applied More importantly it is based on fairness All who insure themselves for disability benefits are displaying wisdom and forethought in making provision for the continuation of some income in case of disabling injury or illness The acquisition of the policy has social benefits for those insured their dependants and indeed their community It represents forbearance and self denial on the part of the purchaser of the policy to provide for contingencies The individual may never make a claim on the policy and the premiums paid may be a total loss Yet the policy provides security Recovery in tort is dependent on the plaintiff establishing injury and loss resulting from an act of misfeasance or nonfeasance on the part of the defendant the tortfeasor I can see no reason why a tortfeasor should benefit from the sacrifices made by a plaintiff in obtaining an insurance policy to provide for lost wages Tort recovery is based on some wrongdoing It makes little sense for a wrongdoer to benefit from the private act of forethought and sacrifice of the plaintiff There is good reason why the courts should be slow to change a carefully considered long standing policy that no deductions should be made for insurance moneys paid for lost wages If any action is to be taken it should be by legislatures It is significant that in general no such action has been taken Cory J found that in effect Ratych required plaintiffs to prove they had somehow paid for the disability benefits To that end the majority of the Supreme Court distinguished Cunningham from Ratych construing the disability benefits involved as falling within the scope of private insurance benefits given that trade offs had been made during the collective bargaining process Thus if the plaintiffs somehow directly or indirectly paid for the benefits the benefits are considered to fall under the scope of private insurance and will not be deducted from tort damages 5
6 In maintaining the private insurance exception to common law principles of double recovery Ratych posits that collateral benefits are not deductible where a plaintiff can establish he has given something up in return for benefits Cunningham narrows the scope of deductibility by finding that in certain circumstances a trade off may be implied e g through collective bargaining Further where a benefit provider retains a right of subrogation no deduction is made for those benefits Statutory Modifications to the Collateral Source Rule The introduction of no fault automobile insurance legislation in the Insurance Act has considerably modified the collateral source rule for motor vehicle related injuries The OMPP Regime The OMPP regime was the first no fault regime in Ontario 14 created in an effort to stabilize auto insurance rates It introduced a dual system of tort and accident benefits In short accident victims lost their right to sue in certain cases in return for no fault accident benefits I5 A verbal threshold was introduced that restricted the recovery of non pecuniary general damages where injuries fell below the threshold 16 In addition section of the Insurance Act was created to give credit to tort defendants for certain payments the plaintiff received or was entitled to receive from other sources Section provided The damages awarded to a person in a proceeding for loss or damage arising directly or indirectly from the use or operation of an automobile shall be reduced by 13 R S O 1990 c I 8 14 For accidents occurring on or after June See Lento v Castaldo O R 3d 129 C A 16 The issue ofthreshold is beyond the scope of this paper 6
7 a b c all payments that the person has received or that were or are available for no fault benefits and by the present value of any no fault benefits to which the person is entitled all payments that the person has received under any medical surgical dental hospitalization rehabilitation or long term care plan or law and by the present value of such payments to which the person is entitled all payments that the person has received or that were or are available for loss of income under the laws of any jurisdiction or under an income continuation benefit plan and by the present value of any such payment to which the person is entitled and d all payments that the person has received under a sick leave plan arising by reason of the persons occupation or employment An important decision under the OMPP regime pertaining to deductibilityof collateral benefits is Cugliari v Whiten There the plaintiff was injured in a motor vehicle collision in 1990 At trial the judge held that CPP disability benefits received by the plaintiff before trial should be deducted from the global award of damages The Divisional Court reversed and the Court of Appeal upheld the Divisional Courts ruling stating that CPP disability benefits were non indemnity in nature as they did not require the recipient to be employed at the time of disability The Court of Appeal found the legislative purpose of s 267 was to eliminate double recovery had the legislature intended CPP disability benefits to be deductible it would have expressly done so Bill 164 Bill 164 replaced the OMPP regime for accidents occurring on or after January A new class of protected defendants was introduced no action for pecuniary losses could be brought against a protected person A protected person was i the owner of an automobile ii the occupants of an automobile and ii any person present at the incident Non pecuniary losses were only recoverable if the plaintiff met a verbal threshold Section amendments removed the defendants right to deduct benefits previously allowed under the OMPP regime O J No 1628 C A 7
8 The collateral source rule once again became relevant but only in the context of a claim against an unprotected defendant for pecuniary losses Bill 59 The Bill 59 regime took effect on November Once again a plaintiff could not sue a protected defendant unless her damages surpassed the threshold subject of course to a monetary deductible Bill 59 expressly allowed for the deduction of collateral benefits received before trial and also created a trust provision for future collateral benefits Section provides the following In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile the damages to which a plaintiff is entitled for income loss and loss or earning capacity shall be reduced by the following amounts 1 All payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of the income loss and loss of earning capacity 2 All payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for income loss or loss of earning capacity under the laws of any jurisdiction or under an income continuation benefit plan 3 All payments in respect of the incident that the plaintiff has received before the trial of the action under a sick leave plan arising by reason of the plaintiffs occupation or employment Nearly identical to the provision under the OMPP regime Bill 59 amendments added the deduction of benefits for loss of earning capacity Until Meloche v McKenzie18 decided in 2005 it appeared the issue of deductibility of CPP disability benefits had been settled Meloche re raised the issue of deductibility of various benefits including CPP from a tort award against a protected defendant The court found that the amendments under Bill 59 altered the private insurance exemption under common law by establishing the deductibility of collateral benefits from a tort award for loss of income and earning capacity It also created a statutory trust in C C L I 4th 134 S C J 8
9 favour of defendants for receipt of such collateral benefits Favouring a broad approach to deductibility the court stated at para 19 Since the original intent was to prevent double recovery by having the collateral benefits deducted from the tort award the interpretation of these sections in my opinion should be broad inclusive and encompassing with respect to identifying those benefits which are the subject of deduction in tort law from an award for past loss and the subject of a trust for future receipt Having found that CPP disability benefits were tied to a recipients inability to engage in the act of gainful employment or as a result of a loss of earning capacity 19 the court held the benefits were deductible It further noted that Bill 198 which explicitly makes CPP disability benefits deductible was simply a clarification of the original legislation Recently the Ontario Superior Court of Justice in Strickland v Mistry20 another Bill 59 case followed Meloche and found that long term disability payments received by the plaintiff were deductible and subject to the trust and assignment provisions of the Insurance Act In that case the plaintiff was in receipt of CPP disability pension and long term disability benefits from her employers group insurer The court agreed that CPP disability benefits were intended to be among the class ofbenefits deductible from a tort award against a protected defendant Bill 198 Bill 198 applies to accidents occurring on or after October Section outlines three deduction provisions thereby explicitly removing the collateral source rule from income loss health care costs and other pecuniary losses in motor vehicle accident claims In essence the tortfeasor receives a credit for all income replacement benefits received or available from the statutory accident benefits insurer prior to the trial of the action and also for payments received under a sick leave plan or any payments received or availableto the plaintiff for income loss or loss of earning capacity under the laws of any jurisdiction before trial 19 Ibid at para O J No 1169 S C J 9
10 Section provides that collateral benefit payments made in respect of any loss of income in the first seven days after the accident are not deductible Section gives protected defendants priority with respect to deduction of such benefits Cugliari involved a similar provision in the OMPP which allowed for the deductibility of collateral benefits that were considered indemnity payments CPP disability benefits were found to be non indemnity payments and thus non deductible under the OMPP The regulations under Bill 198 now explicitly make CPP disability benefits deductible in tort As a result of the evolving no fault legislation it can be confusing when attempting to determine which benefits are properly deductible from a tort award for damages and which are not The following chart should be of assistance Type of Benefit Long Term Disability LTD Canada Pension Plan CPP Severance Packages Deductible Yes Yes Yes Comments Section 5 2 of0 Reg provides that long term disability benefits are deductible from a tort award for income loss after October CPP disability benefits are explicitly made deductible from income loss awards in motor vehicle accident cases arising after October Bill Also deductible under Bill 59 See Skinner v Goulet23 To be deductible the defendant must prove which part of the severance package is considered to be payment of income as opposed to other heads of damages Ontario Works Yes Social assistance benefits are a form of wage replacement and are deductible from damages for lost opportunity to earn income Refusing deduction would amount to double recovery 24 Health Yes Section of the Insurance Act provides that damages 21 Court Proceedings for Automobile Accident that Occur on or After November Reg s 5 2 LTD payments are also deductible from income replacement benefits 22 Ibid See Meloche supra note 17 Strickland supra note J No 3209 S C J 24 MB v British Columbia S C R 477 S C C 10
11 insurance for healthcare will be reduced by all payments received by the accident benefits carrier for healthcare and all payments Medical rehabilitation benefits Housekeeping home maintenance benefits Yes Yes received before trial under any medical surgical dental hospitalization rehabilitation or long term care plan The defendant receives a credit for past health care expenses and any amounts for future medical and rehabilitation costs already paid by the accident benefits carrier The defendant receives a trust or assignment offuture medical rehabilitation benefits see below Benefits received from the accident benefits carrier before trial are deductible 25 WSIB No Section of the Insurance Act provides that any Sick leave benefits Employment Insurance E I No No payments or benefits received or that were or may become available to a person under the Workplace Safety and Insurance Act 1997 do not reduce damage awards for income loss health care or other pecuniary losses The WSIB has a right of subrogation thus benefits paid to a worker are not deductible 26 Under Cunningham employment benefits will not be deductible if paid for by the employee directly or directly See Jorgensen v Jack Cewe Ltd 22 E I benefits are subject to repaymentupon the settlement of a tort claim 28 ODSP No Section 8 of the Ontario DisabilitySupport Program Act provides for repaymentto the Ministry of any damage award allocated to income loss or loss of earning capacity By virtue of the repayment provision ODSP payments are not credited to the tort defendant as there is no double recovery30 General damages No Collateral benefits are not deductible from an award for non pecuniary damages See s Workplace Safety and Insurance Act S O 1997 c 16 Sched A s D L R 3d 577 at 581 S C C 28 Employment Insurance Act S C 1996 c 23 S S O 1997 c 25 Sched B 3 MOSS v Hutchinson O R 3d 604 S C J 31 See s
12 Non earner benefits No See Walker v Ritchie 32 Gifts No Section of the Insurance Act does not make reference to gifts At common law private or charitable gifts are not deductible 33 Interplay of Long Term Disability LTD Benefits with Motor Vehicle Accidents In Ontario LTD benefits are the primary source of recovery and must be exhausted before auto insurance benefits are payable Whether tort damages can be offset against LTD payments ties into whether the LTD insurer has a right of subrogation In Gibson v Sun Life Assurance Co of Canada34 the court held that in a disability contract of indemnity the disabled claimant must account to the insurer for damages recovered from the tortfeasor where the amount received exceeds the amount required for full indemnity 35 In Budnark v Sun Life Assurance Co of Canada36 the court held Sun Life was entitled to repayment of a portion of disability benefits where the net past loss of income recovered plus the disability benefits received exceeded 100 of the claimants past loss Subrogation rights for past loss of income were calculable they were not so easily determined with respect to the award for future loss of income therefore the plaintiff was not required to account to Sun Life for her future loss of income 37 An insurer will thus be subrogated to a right of recoverywhere the claimant is fully compensated for his her past losses With regard to future losses courts have held the determination of an O J No 787 revd on other grounds S C R See Cunningham supra note 5 accepting the exception to double recovery with respect to charitable gifts O R 2d 326 H C J 35 See e g ConfederationLife Insurance Co v Causton 1989 B C J No 1172 C A where the disabled claimant recovered full wage loss at trial but received only 75 of award after deduction of legal fees Court held the claimant did not receive full indemnification for her loss thus no money was owed to the disability insurer B C J No 1960 B C S C 37 Ibid at paras
13 amount of damages to compensate for future loss of earning capacity is subject to uncertainty this is relevant when considering whether the plaintiff has in fact been fully compensated 38 Future Collateral Benefits Section provides for the treatment of future collateral benefits A plaintiff who recovers damages for income loss loss of earning capacity expenses that have been or will be incurred for health care or other pecuniary loss in an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile shall hold the following amounts in trust 1 All payments in respect of the incident that the plaintiff receives after the trial of the action for statutory accident benefits in respect of income loss or loss of earning capacity 2 All payments in respect of the incident that the plaintiff receives after the trial of the action for income loss or loss of earning capacity under the laws of any jurisdiction or under an income continuation benefit plan 3 All payments in respect of the incident that the plaintiff receives after the trial of the action under a sick leave plan arising by reason of the plaintiffs occupation or employment 4 All payments in respect of the incident that the plaintiffreceives after the trial of the action for statutory accident benefits in respect of expenses for health care 5 All payments in respect of the incident that the plaintiff receives after the trial of the action under any medical surgical dental hospitalization rehabilitation or long term care plan or law 6 All payments in respect of the incident that the plaintiff receives after the trial of the action for statutory accident benefits in respect of pecuniary loss other than income loss loss of earning capacity and expenses for health care In addition to holding future collateral benefits in trust for the defendant the court may on motion order the assignment of future collateral benefits in respect of the damages recovered by the plaintiff after tria Stitzinger v ImperialLife Assurance Co of Canada O R 3d 566 Gen Div at para 21 13
14 Protected and Unprotected Defendants Who is protected As alluded to earlier since the introduction of the no fault regime defendants have been placed into two categories protected and unprotected A protected defendant is defined in section of the Insurance Act as a person who is protected from liability by subsections and 5 These sections list the following as persons protected from liability They are i ii the owner of an automobile occupants of an automobile and iii any person present at the incident Section defines an owner as an operator as defined in subsection 16 1 of the Highway Traffic Act and a person who is a lessee for the purposes of section 192 of that Act Effective March a lessee became a protected defendant Where previously a lessee could only be sued for his own negligence a lessee can now be held vicariously liable for the negligent operation of a leased vehicle Section 224 defines an occupant of an automobile as a driver passenger carried in or on the automobile and a person getting in to out of or off an automobile Advantages of Having Protected Defendant Status Protected defendants enjoy statutory immunity with respect to damages arising from income loss and loss of earning capacity suffered by the plaintiff in the first seven days after a motor vehicle accident They are also shielded from payments in excess of 80 of the plaintiffs net income loss or loss of earning capacity after the first seven days and before tria1 40 In addition protected defendants are immune from liability for health care expenses non pecuniary general damages s s
15 and damages under the Family Law Act41 unless the plaintiff surpasses the threshold requirement42 Thus unless the injured person has died or has sustained a a permanent serious disfigurement or b a permanent serious impairment of an important physical mental or psychological function the protected defendant will not be liable for the above noted damages Only protected defendants are entitled to the statutory deductible which is for non pecuniary general damage claims and for FLA loss of care guidance and companionship claims With the accident benefits amendments effective September Reg amendments to the Insurance Act will also be made to reflect changes to the tort deductibles if the insured purchases optional enhanced coverage the deductibles can be reduced to and for general damage claims and FLA claims respectively Note also the vanishing deductible under Bill 198 If the plaintiffs general damages exceed or if an FLA claimants damages exceed then no deductible is applied See s and 8 1 Finally an uninsured person may not recover against a protected plaintiff 43 Where there is a mixture of protected and unprotected defendants protected defendants are given a partial priority collateral benefits are deducted first from the damages that protected and unprotected defendants are jointly and severally liable for and any excess is applied to the damages the unprotected defendants are solely liable for This priority applies only to past losses and not to future losses Damages for loss of care guidance and companionship under section 61 2 e of the Family Law Act R S O 1990 c F 3 42 SS and 5 43 S See Hernandez infra s
16 Note that a protected defendant loses his status if he is defendedby an insurer that is not licensed to undertake automobile insurance in Ontario and has not filed an undertaking under section of the InsuranceAct 46 Treatment of Collateral Benefits Among Protected and Unprotected Defendants Recently the Ontario Superior Court of Justice held that both protected and unprotected defendants are entitled to s deductions for long term disability benefits This is so because s does not distinguish between protected and unprotected defendants 47 In Burhoe the plaintiff was rear ended by the Defendant a parking valet in front of the Park Hyatt Hotel on December Bill 59 The plaintiff received long term disability benefits through his employer The Defendants vehicle was insured by Coachman Insurance Company which had excess coverage through Gerling Canada Insurance Company These insurers were determined to be the first loss insurers and the hotels policy was to act as an excess insurer only The only mention of protected defendants is in s Given the non exclusionary language in the other subsections of s Justice Wein held there was no differentiation between protected and unprotected defendants Accordingly the unprotected defendant the hotel was entitled to the trust assignment and deduction provisions of s OHIP and Subrogated Claims Section Section limits the right of subrogation for anyone who has paid collateral benefits provides an exception for OHIP but only against a person not insured under a motor vehicle liability policy issued in Ontario To complicate matters if a tavern owns a vehicle even if the automobile policy is not called upon to respond to a claim the tavern is nonetheless immune from OHIPs subrogated claim s Note this does not apply to vicariously liable defendants discussed later 47 Burhoe v Mohammed O R 3d 391 S C J 48 Georgiou v Scarborough City O R 3d 285 C A 16
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2017 Subscription Series
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Monday 12 December, 2016

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One Million Moms attacks Highlights children's magazine over gay inclusionThursday, December 8, 2016One Million Moms has called supporters to action to pressure Highlights to reverse its decision to start depicting LGBTQ families.
Eight year old dressed as Hillary for Halloween targeted with homophobic abuseMonday, October 31, 2016An eight year-old boy dressed as Hillary Clinton for Halloween and one of his moms shared it on Twitter. Antigay trolls attacked when it went viral, but love trumps hate.
Watch: Ellen surprises two dads with gifts for their newborn tripletsSunday, October 23, 2016The new dads hadn't anticipated they would end up with three babies to feed and diaper.
Highlights children's magazine gets schooled on LGBTQ familiesWednesday, October 19, 2016A same-sex couple with a young child asked Highlights to be more inclusive of LGBTQ families. The editors' response lead to a backlash, and perhaps, finally, to growth.
Massachusetts court says unmarried gay woman can seek full parental rightsTuesday, October 4, 2016Massachusetts' highest court overturns lower court ruling, allowing the former girlfriend of a woman who became pregnant through artificial insemination to seek parental rights.
13-year-old comes out as bisexual in the most adorable, nerdy waySaturday, July 2, 2016A man shares the unique and clever way his young teenage stepson came out as bisexual.
Massachusetts court to hear gay parental rights caseSunday, April 3, 2016The same state court that paved the way for same-sex marriage in the U.S. is now being asked to decide a complicated case about the parental rights of a once-partnered but unmarried gay couple.
Rod Stewart: 'If my son turns out to be gay, that's ok'Wednesday, March 23, 2016"He likes dressing up as a lady. So we don't know which way he's thinking."
Sally Field: 'Parents who don't accept their gay children horrify me'Tuesday, March 15, 2016"It's not against nature if nature has actually done this."
This dad accidentally discovered his son is gay — and reacted in the best possible way.Thursday, February 18, 2016Heartbreaking coming out stories are still all too common, which is why it's important to share anecdotes like this.


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[display_podcast] Welcome to the Big Picture Podcast. I'm Joel Fieri and this podcast seeks to begin and hopefully sustain a conversation about current trends, ideas and issues in the Church and greater society. This week's podcast is part two of a mini-series we're doing on the problem of 'Utopianism', and if you tuned in last week, you heard our friend, "the Late 'Boomer's", take on his generation's misguided utopian crusade known as The Great Society. Well, one person tuning in was his frie … [Read more...]
Meeting People Head On with Ray Schmautz 12: It's Gotta Be The Shoes
Ephesians 6:13-15 says Take up the full armor of God, so that you will be able to resist in the evil day, and having done everything, to stand firm. 14 Stand firm therefore, having girded your loins with truth, and having put on the breastplate of righteousness, 15 and having shod your feet with the preparation of the gospel of peace; You see, Roman soldiers wore special sandals with pieces of rock, metal or glass embedded into the bottom of the soles, much like today's football cleats. This en … [Read more...]
Jesus in HD 97: Two Precious Parables for the Modest Price of One!
[display_podcast] From Dewey Bertolini, Pastor of The Safe Haven in McMinnville, OR: You are in for a treat! One PODCAST consisting of two precious parables. Why these two parables don't get more attention, I'll never know. For contained within them are two of the most blessed truths of our faith. The two parables of which I speak: The Parable of the Buried Treasure, and the Parable of the Pearl of Great Price. Two parables that, despite their similarities, reveal two totally distinct but eq … [Read more...]
Ouxano 73: 1 Samuel 17 – Private Battles Prepare Us For Giant Callings!
[display_podcast] From Pastor Matt Tague, author of Read the Word: The Bible was written for you: 1 Samuel 17 – the battle of David and Goliath – is an amazing chapter of the Bible! It's actually, in many ways, a foreshadowing of Jesus Christ did on the cross to Satan. Remember that Jesus was despised and rejected, and no one thought that He was who He said He was: the Messiah, the Son of God, the Redeemer of the World. He died a bloody death on the cross, but by doing so, he absolutely cripple … [Read more...]
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TIFF star on the rise: Hayley Atwell
TIFF star on the rise: Hayley Atwell
In the film, the 26-year-old actress plays the mistress in a famous 18th-century love triangle. "It's a story about what people will do for their children," says Atwell. "I think it pinpoints how, for a woman fighting for her independence and custody of her children, becoming a style icon is a way of finding a voice."
Atwell is referring to the fact that Georgiana Cavendish (Knightley), the titular Duchess of Devonshire, was as renowned for her fashion sense and outspoken political views as she was reviled for her scandalous personal life. It was well known at the time that Georgiana's husband, the Duke of Devonshire (Fiennes), was having an affair with her best friend, Lady Elizabeth Foster (Atwell).
"Georgiana was similar to Princess Diana in terms of her birthing and the nature of her celebrity," says Atwell, adding that the film doesn't belabour the parallel. Nor, she adds, does it stress the period detail, explaining that the elaborate costumes and hairstyles are subordinate to the human drama. And that's how she likes it. While some actresses relish the opportunity to play dress-up, Atwell recalls being less than amused. "I found it irritating," she says. "It's fun to see your cast members dressed up and laugh with them. But it loses its interest very quickly."
Get the latest buzz from TIFF 2008 here!
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Upcoming & Past Events
5th Annual Interpretations of Hope Event 3-25-2017
Click on this link to purchase your tickets.
We are looking for sponsors, donations, volunteers and attendees – if you would like additional information you can contact Kim Anderson, 612-599-4221 or email@example.com.
Hope to see you there.
H elping O ther P eople E veryday! HOPE
Every donation matters when it comes to giving today's kids and families Hope with our gas cards, grocery cards, Target/Walmart Gift Cards and more. Thanks to contributions / donations/ sponsorships made by all of you, your support has made a big difference in helping us to give HOPE to the many families going through this journey. It is that time of the year if you are looking to make a last minute donation we would gladly accept your donation. Go our webiste – http://blairstreeofhope.org/ and click on the donate button, follow the prompts. Thank you again for helping us to give HOPE.
H elp O ther P eople E veryday
Your donation is a tax deduction.
Give Hope – Give to the Max Day 11-17-2016
If you are looking for a Non-Profit to make a donation to on Give to the Max Day 11/17/2016 – please consider Blair's Tree of Hope Non-Profit. Help us to give HOPE to families who have children battling cancer, blood disorder and/or Bone Marrow Transplant. Thank you.
3M Day of Service 10-26-2016 Chooses BTOH
Thank you to 3M Legal team (St. Paul Office) who chose Blair's Tree of Hope as their Day of Service Charity on October 26, 2016. They put together several baggies of travel and family size toiletries with fun little messages in each one. (We have 6-7 boxes of full of these bag of goodies) Took our first bunch to the U of MN University of Minnesota Masonic Children's Hospital? today. Thank you to Dena Ehrich, Cheryl Kirkwood and Joyce Lasser for organizing this awesome day of service along with a special thank you to all members of their group. This is a huge help to the many families who are spending days and months in the hospitals with their child as they battle this horrific disease. Helping Other People Everyday. HOPE.
5th Annual Interpretations of Hope Event
On March 25, 2017, Blair's Tree of Hope is hosting their 5th Annual Interpretations of Hope Event at the Hopkins Center for the Arts, 1111 Mainstreet, Hopkins, MN.
This date marks the 10th anniversary of Blair earning her angel wings.
The event will include Wine/Beer tastings, food, games, music and a silent auction that features our Painting for Hope Kids/siblings. These kids/siblings have been battling a form of Childhood Cancer or have lost a sibling to this dreaded dise…ase.
We anticipate 200-300 in attendance and would appreciate your support. We have 4 sponsorship options and if you are interested in being a sponsor send an email to Kim at email@example.com and she will send you the information.
Sponsorship helps us to finance the expenses of our event as well as helping to promote our sponsors , so that the funds raised will help us to achieve our mission and goals of helping families with children battling a terrible journey of Cancer/Blood Disorder/Bone Marrow Transplant.
If you are not able to be a sponsor but would like to donate to our Silent Auction, prizes for our games and/or our swag bags we will gladly accept.
Thank you for helping us to give HOPE.
Contact: Kim Anderson, firstname.lastname@example.com – 612-599-4221


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Customer Reviews
* FTC Disclaimer: The views and opinions expressed by contributors of the product reviews are their own and not necessarily those of Netrition.com. These reviews should not be taken as recommendations but rather customer opinions of the products that they may or may not have used. Furthermore, Netrition.com makes no warranty or representation, expressed or implied, as to the accuracy or sufficiency of the information contributed by outside sources, and assumes no responsibility or liability regarding the use of such information. Netrition.com does not warrant the performance, effectiveness or applicability of any materials listed or linked to on Netrition.com.
2 of 3 people found the following review helpfulFebruary 24, 2014Reviewer: David in Florida* This low carb bread even when toasted tasted disgusting to me. The first ingredient is water. I recently had a different low carb bread from my local health food store and it tasted super great. Maybe I got spoiled, but either way I will not buy this bread again also will throw rest of this bread in the trash.This review is specific to Bread, Plain
1 of 1 people found the following review helpfulNovember 20, 2014Reviewer: Patience in Vermont* I bought this bread to use in making french toast and bread puddings but even after soaking the slices for 2 hours in in milk and egg, they were dry inside, and the resulting French toast was firm and rubbery. I even tried soaking the slices in milk overnight ... and they still were firm and rubbery. I finally toasted some slices and just made bread crumbs! I also blended a slice in the blender with egg and milk and cinnamon, and made a respectable pancake batter.This review is specific to Bread, Plain
1 of 1 people found the following review helpfulJuly 27, 2014Reviewer: Michelle in South Carolina* With a high sticker price, this bread is average. I bought all the bread products and there is no difference in texture,taste or density between the bread, bagels and pockets. It appears as though they are using the same formula with all their bread products. At this price, I would like to see more of a difference between their bread products. I will stick to the very tasty brand that I currently enjoy.
December 17, 2016Reviewer: A guest* horrible taste/texture - not soft, stick with Joseph's brand.This review is specific to Bread, Rye
0 of 1 people found the following review helpfulSeptember 02, 2015Reviewer: Darius in New York* Contrary to some of the other reviews, I found this bread to have a very spongy texture that I feel affects the taste as well (I couldn't eat it as a regular sandwich bread). I tried the Plain, followed by Cinnamon, Rye, and Everything hoping that the flavors would help (they did not). I give it 3 stars because it did work wonderfully for French Toast (cinnamon flavor especially), but -1 star for price. This was my first non-tortilla low-carb bread, so perhaps I haven't tried enough of the others to appreciate this. Instead I think I'll just stick to low-carb tortillas for now.


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Little Tikes DiscoverSounds® Cell Phone
by Little Tikes | Item #: 673314 | Model #: 613616 |
Non-members pay 10% surchargeJoin now!
- Free Pickup
Delivery estimates, taxes, and fees are based on ZIP Code. Club Pickup orders are based on your club's current price and item availability on the day of payment.
About this itemTalk on the phone, just like mommy and daddy!
Now kids can answer the phone and talk on it, just like mommy and daddy! The number and key
buttons activate lights and sounds, and it calls out numbers 0-9. The realistic flip-style
phone features a durable, soft, textured vinyl grip handle that easily fits little hands.
For ages 6 months and up.
- Cell phone number and key buttons activate lights and sounds
- Calls out numbers 0-9
- Talk button activates "hello"
- Fun and playful Mylar Mirror Screen
- Realistic flip-style phone
- Just like mommy and daddy's phone
- Durable, soft, textured vinyl grip handle easily fits little hands
- 2 AAA batteries included
Assembled Country
Assembled Size
- Dimensions: 2.13"W x 2.00"D x 5.13"L
Component Country


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Is Sss Sheet Metal Works incorrect or missing key business information? Update your Hotfrog listing today.
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Hotfrog SouthAfrica provides information regarding Sss Sheet Metal Works in Malvern KwaZulu-Natal. Sss Sheet Metal Works is located at 17 Downie Crescent, Malvern KwaZulu-Natal 4093 and provides Metals services. Contact them on 031 464 8015.
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Easy-Off Concentrated Glass CleanerGlass Cleaners
1 Gallon Size - Liquid - 2/ Carton - View Complete Details
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Easy-Off Concentrated Glass Cleaner - Removes dirt and grease from windows and all other glass surfaces. Spray-and-wipe application enables fast and easy cleaning. Dries clean, without streaks or film.
- Removes dirt and grease.
- Spray-and-wipe application.
- Dries clean, without streaks or film.
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Press Coverage: NuFACE in the Daily Mail
NuFACE Trinity featured in the Daily Mail's "5 of the Best At-Home Skin Smoothers"
NuFACE Trinity featured in the Daily Mail's "5 of the Best At-Home Skin Smoothers"
Before and After Hair Removal Results from the iluminage Precise Touch.
Here's why you NEED to brave it and set aside just one minute to go barefaced – trust us your skin will thank you later.
The Clarisonic Radiance Collection will revolutionise the way you wash your face, and help you to say goodbye to dull, lifeless skin and embrace a visibly brighter and truly radiant complexion!
We navigate the hype to bring you the very best of home anti aging devices, using everything from LED light to ultrasound technology.
We're going to clear up some of the confusion today with this Q&A blog post – and if you have any questions you'd like us to answer, make sure you leave us a comment and we'll try to answer it in a future post!
Every Clarisonic device has its own unique set of features and benefits, and we're confident there's a Clarisonic for every skin type and budget.
It's a question we hear a lot when speaking to customers, so we thought we'd share our thoughts on teen skin concerns and how the Clarisonic can help.
Follow our guide for choosing the correct Riiviva tips for your dermabrasion needs. Perfect for treating acne, acne scarring and many skincare concerns.
We've gathered a selection of our favourite New Year's fitness deals, so you can shed a few pounds and save them at the same time!
In this post we examine the difference between Home Use Vs Salon Microdermabrasion.
We share our favourite fitness gifts, perfect for anyone from the reluctant runner to the seasoned athlete.
If you're looking for unique Christmas gifts, we can help! We've searched high and low for some genuinely showstopping gifts this Christmas.
Beauty on a budget doesn't have to mean settling for less – just take a look at our selection of the best Christmas gifts under £50!
We're excited to announce a new collaboration with Clarisonic and Keith Haring Foundation and to share three new Clarisonic devices with you.
Shopping on a budget this Christmas? Read on to see our roundup of the best Christmas gifts under £100, including skin care and hair styling devices.
Our selection of incredible gifts for her includes a selection of trend-setting beauty devices – don't miss out this Christmas!
Shop our selection of Christmas Gifts for him, featuring the Clarisonic Aria, Foreo Luna, Compex Fit, and Foreo Issa.
Using technology found in esteemed clinics and spas all over the world, the Wellbox delivers professional looking results for a fraction of the cost. Find out more about the miracle device in this post…
Red light therapy for wrinkles is a recognised beauty treatment that is practiced in spas to improve skin tone, reduce pain, or heal acne.


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Filter Results:
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Learn More
- Paul Kligfield, Leonard S Gettes, James J Bailey, Rory Childers, Barbara J Deal, E William Hancock +26 others
- 2007
—This statement examines the relation of the resting ECG to its technology. Its purpose is to foster understanding of how the modern ECG is derived and displayed and to establish standards that will improve the accuracy and usefulness of the ECG in practice. Derivation of representative waveforms and measurements based on global intervals are described.… (More)
There is a trend towards automatic analysis of large amounts of literature in the biomedical domain. However, this can be effective only if the ambiguity in natural language is resolved. In this paper, the current state of research in word sense disambiguation (WSD) is reviewed. Several methods for WSD have already been proposed, but many systems have been… (More)
Scientific literature is often fragmented, which implies that certain scientific questions can only be answered by combining information from various articles. In this paper, a new algorithm is proposed for finding associations between related concepts present in literature. To this end, concepts are mapped to a multi-dimensional space by a Hebbian type of… (More)
The electrocardiographic PR interval (or PQ interval) reflects atrial and atrioventricular nodal conduction, disturbances of which increase risk of atrial fibrillation. We report a meta-analysis of genome-wide association studies for PR interval from seven population-based European studies in the CHARGE Consortium: AGES, ARIC, CHS, FHS, KORA, Rotterdam… (More)
MOTIVATION From the scientific community, a lot of effort has been spent on the correct identification of gene and protein names in text, while less effort has been spent on the correct identification of chemical names. Dictionary-based term identification has the power to recognize the diverse representation of chemical information in the literature and… (More)
BACKGROUND Massive text mining of the biological literature holds great promise of relating disparate information and discovering new knowledge. However, disambiguation of gene symbols is a major bottleneck. RESULTS We developed a simple thesaurus-based disambiguation algorithm that can operate with very little training data. The thesaurus comprises the… (More)
BACKGROUND AND OBJECTIVE In order for computers to extract useful information from unstructured text, a concept normalization system is needed to link relevant concepts in a text to sources that contain further information about the concept. Popular concept normalization tools in the biomedical field are dictionary-based. In this study we investigate the… (More)
Anni 2.0 is an online tool (http://biosemantics.org/anni/) to aid the biomedical researcher with a broad range of information needs. Anni provides an ontology-based interface to MEDLINE and retrieves documents and associations for several classes of biomedical concepts, including genes, drugs and diseases, with established text-mining technology. In this… (More)
AIMS The aim of this study was to assess the prognostic importance of the spatial QRS-T angle for fatal and non-fatal cardiac events. METHODS AND RESULTS Electrocardiograms (ECGs) were recorded in 6134 men and women aged 55 years and over from the prospective population-based Rotterdam Study. Spatial QRS-T angles were categorized as normal, borderline or… (More)
BACKGROUND Identification of terms is essential for biomedical text mining.. We concentrate here on the use of vocabularies for term identification, specifically the Unified Medical Language System (UMLS). To make the UMLS more suitable for biomedical text mining we implemented and evaluated nine term rewrite and eight term suppression rules. The rules rely… (More)


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3 Bedroom House in Knysna Heights
Craig Mackintosh
Jawitz Properties-Knysna
3 Bedroom House in Knysna Heights
Fairy tale forest conveniently close to the real world.
Tucked away in a quiet street in Knysna Heights, this delightful house is waiting for you to call it home. Subtle paint tones create a warm and welcoming home. Offering a large open plan lounge and dining area with a beautiful deck with unspoiled forest views.Tastefully finished kitchen with centre Island and two ample sized bedrooms with shared bathroom complete the ground floor.
Retreat upstairs to a fairy tale master en-suite bedroom with doors opening onto a beautiful deck perched high above the trees and soak in the natural beauty of the lush green forest around you in your own little private piece of paradise.
Beautiful large, indigenous garden, Wendy house for storage and covered carport, and alarm for extra security, and well maintained, makes for a beautiful secure home in a very popular suburb ready for you to settle into.
Key Property Features
Email the Agent or request the agent Call You Back should you wish to set up an appointment to view this property or ask for more details.
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Experience Knysna
Nestled between the Knysna estuary, the Indian Ocean and a vast indigenous forest, this town is full of natural beauty. With three magnificent golf courses, it is a haven for golfers. The waterfront is a popular tourist destination for great food and shopping. Known for its oysters, this town has festivals and events for all kinds of interests. An ideal holiday destination or retirement place, experience tranquility and a safe, small-town life.Find out more about Knysna
Similar Property for Sale in Knysna Heights
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EXACTLY 80 years ago, lawmakers changed the game for ever by monkeying about with the offside rule. Ever since they unveiled the goal-hanger's charter in 1930, they have tinkered about with the law — and they haven't finished yet.
The last change reopened the ancient dispute about when players are interfering with play. As usual, Bill Shankly, Liverpool's legendary manager, had it right. He said if a footballer wasn't interfering with play, what was he doing on the pitch? The latest idea suggests players might only be offside in the penalty area. More chaos looms.
The offside saga is typical


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Congrats, you finished
Congratulations, you finished the Publishing API Docs course. By now, you should have a solid understanding of the variety and possibilities for publishing API documentation.
At this point, think about your requirements, your audience, and try to pick the right tools for your situation.
Questions to consider
Here are a few questions to consider:
- Will developers be writing or contributing to the content?
- Does your security group restrict you from using third-party platforms to host documentation?
- Do you have a budget to pay a third-party platform for hosting?
- Do you want to manage the web platform details yourself or offload this onto another group/company?
- How many endpoints do you have to document?
- Should you push documentation from the source into your documentation?
- Does the documentation need be visible on the web, or does it need to be private?
- To what extent do you want customers to have a one-stop-shopping experience — reading docs, logging support tickets, posting to forums, viewing news?
- Do you have UX resources to help build a custom solution?
What publishing tools did you choose?
I'm curious to know what publishing tools you chose. There are many options, and I could only cover a fraction of them during this course. Drop me a note to let me know what publishing tool or platform you're using, and how it's working out.
I'd Rather Be Writing Newsletter
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Using a REST API as a developer
- 1.0 Course overview
- 1.1 The market for REST API documentation
- 1.2 What is a REST API?
- 1.3 Scenario for using a weather API
- 1.4 Getting authorization keys
- 1.5 Submit calls through Postman
- 1.6 Installing cURL
- 1.7 Making a cURL call
- 1.8 Understand cURL more
- 1.9 Using methods with cURL
- 2.0 Analyze the JSON response
- 2.1 Log JSON to the console
- 2.2 Access and print a specific JSON value
- 2.3 Diving into dot notation
- Documenting a new API endpoint
- Documenting non-reference sections
- Exploring other REST APIs
Publishing API docs
- 4.5 Overview
- 4.6 List of about 100 APIs
- 4.7 Breaking down API doc
- 4.8 Tool decisions
- 4.9 Github wikis
- 5.0 More about Markdown
- 5.1 Using a version control system
- 5.2 Pull request workflows through Github in browser
- 5.3 REST API specification formats
- 5.4 Implementing Swagger with your API docs
- 5.4.1 Swagger tutorial
- 5.5 More about YAML
- 5.7 API Blueprint
- 5.8 Static site generators (Jekyll)
- 5.9 Readme.io
- 6.0 Miredot
- 6.1 Custom UX solutions
- 6.2 Help authoring tools
- Design patterns
- Documenting native library APIs
- Misc. Topics
Documenting REST APIs
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text: I am RAMC. Towards the end of my mobilised service I started looking at the FTRS vacancies and shortly before I demobbed saw an "open vacancies" for RAMC SNCO's, which I applied for. About three weeks later, whilst I was on leave I got a letter stating I was being put forward for a vacancy with 16CSMR, which was good. Nothing happened, a week turned into ten days, after which I phoned FTRS desk who put me in contact with MCM Div. There was no 16 CSMR vacancy, never had been! So they said they would sort something out. A month later I had heard nothing (I had phoned them but no one ever seemed to be able to answer my questions) and then finally a message was left saying 84MSS a logistics unit might have a slot for a Pharmacy Tech, which I am not. However I was put forward for the vacancy in this not very exciting job (which would possibly be my last choice of any employment in the army) and after more weeks waiting called forward by the unit. I went up and spent some time with the Sqdn who wanted me to start ASAP and send me to Afghanistan in January. I contacted MCM Div as dd the unit, since then I have heard NOTHING, not a word. Emails are ignored, phone calls fruitless. All pretty much the way of things in the RAMC/AMS. So what do I do? sack it and withdraw the application entering another for any E2 post that comes up? or wait until MCM div finally wakes up by which time my savings will have all gone, my wife pi**ed off so much she makes me get the next civvi job going. I am really hacked off over this, you put everything into the TA and get next to nothing out. Other capbadges/corps/regiments realy look after their guys but the RAMC really is sh*te in this respect. Ideas, advice? Cardinal


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Opening Doors for Children and Families with Autism
Welcome to The New England Center for Children (NECC®), a school for children with autism located 20 miles west of Boston in Southborough, Massachusetts. We transform the lives of children with autism worldwide through education, research, and technology.
Work at NECC
There is perhaps no greater feeling of accomplishment that any individual can experience than the knowledge that they've made a truly positive difference in the life of another person.
Latest News
CEO and Founder Vinnie Strully, Jr. named Business Leader of the Year
Feb 22, 2017The Worcester Business Journal named The New England Center for Children CEO and Founder, Vinnie Strully, a Business Leader of the Year and will recognize him at an upcoming awards ceremony at…
NECC Recognizes Employees for Outstanding Work
Feb 14, 2017The New England Center for Children® employs more than 1,200 staff across a number of fields including technology, research, education, administration, and behavior analysis. We employ more than 183 BCBAs,…
The ACE is the premier educational system for learners with autism. Our educational package provides BCBAs and Special Educators the ability to assess, teach and evaluate progress using evidence based procedures.
The Public School Services Department extends NECC's knowledge and expertise to over 1000 students in public schools and private agencies across the country.
NECC® offers a series of informational sessions for family members of children with autism. Presentations are open to the public.
Our admissions process is designed to be informative for parents/legal guardians while providing the information necessary to determine if the child should be placed at NECC.
Support NECC
NECC has enormous impact on the lives of children with autism
and their families. Through generous donations from the greater
community, NECC continues to be able to provide critical
services to those affected by autism.


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Does your son/daughter like to play soccer..?Then the Skillsakadémia is the right place to be!Hallo I'm Julian Jenner,Former professional soccer player fromHolland,and i live here in Budapest with my family..
I give special (Wiel Coerver skills training)
And I recently started the Skills Akademia here in Budapest..
Boys/girls who like to learn and develop their technical skills and with a lots of fun..Boys and girls ,are welcome from the age of 8 years old and
We have do also try-out lesson just to see if your son/daughter like to train at the skillsakademia.
We starting 8 of October every weekend..
Do you want more information look the web site.. Protected content or email us Protected content
Hope to see you soon!
Greets julian jenner