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A classic…
Happy Halloween everyone ~ hope it's a scary one.
Posted in Nostalgia, tagged Halloween, Twilight Zone, video on October 31, 2011| Leave a Comment »
A classic…
Happy Halloween everyone ~ hope it's a scary one.
Posted in Nostalgia, tagged Halloween, old time radio, The Monster Club on October 28, 2011| Leave a Comment »
When it's craft time at the Auntie B's World Headquarters my favorite way to make repetitive projects more interesting is to listen to old time radio shows while I work. And not just any old time radio, scary old time radio. Shows like Inner Sanctum, Lights Out, and Quiet Please always keep me rivited to my project as well as to my seat.
One of my favorite sources for free scary radio shows is The Monster Club. They have a library of five hundred free shows ready to listen to instantly or download to your computer. When they ask you for a password simply type in "boo13."
Instead of watching the many sequels of various slasher movies on cable this Halloween weekend why not light a few of Auntie B's candles and listen to and episode or two of Suspense? Let your imagination run wild!
Posted in Blogging, Everyday, tagged NaNoWriMo on October 27, 2011| Leave a Comment »
It's not that hard to get a book published these days. With self-publishing you don't even need those pesky editors and publishers, not to mention agents. I won't go so far as to say this is a good thing because I'm one of those people who wants to read good books. I have a little predjudice in that I figure if someone has to go through all the red tape of getting a book published (those pesky editors, publishers, and agents) the book must be good. Not necessarily so. It's also not necessarily so that a self-published book is a bad one.
The bottom line isn't about who publishes a book though, it's about who writes it. The hard part isn't getting it published, it's getting it written, or at least that's what I believe. I would bet a great majority of people have at least once in their lives fantasized about writing a book. Picture it, sitting at an isolated mountain retreat with your laptop and a never-ending pot of coffee, typing away at The Great American Novel. You can totally see yourself doing it. The thing is, you need a plot, characters, and a beginning, middle, and end of a story. That's hard.
The people over at NaNoWriMo are here to help. November is National Novel Writing Month and dozens (if not hundreds, nay thousands) of people join the challenge to write a 50,000-word novella in the span of thirty days. It's a blast, and if you register at NaNoWriMo you can commiserate and celebrate with your fellow novelists. You don't even need to be at a mountain retreat to do it!
I'm going to give it a shot again this year. I completed a "novel" a couple of years ago and it stunk. But I did it and I'm proud of the discipline I had. Don't try to find me on the NaNoWriMo site because like most good novelists I'm going to have a pseudonym. Probably something like John Smith. I'm even going to open up a new (and private) blog for storage of my literary work of art.
I know a couple of you out there who could whip out 50,000 words without a problem. Quit making excuses ~ it requires less than 1700 words a day. This post alone has over 350 words and it took me less than 20 minutes to write them.
Join me this coming Tuesday for the big kick-off. NaNoWriMo will be glad to have you, and the world will be glad to have your novel. NaNoWriMo begins November 1st. As Nike says, "just do it!"
Posted in Wordless Wednesday, tagged Halloween, New Orleans on October 26, 2011| Leave a Comment »
Posted in Craft Business, Events, tagged Oktoberfest, Ruttger's on October 25, 2011| Leave a Comment »
The day started early. Husby and I had our belongings gathered and packed by 6:00 a.m. Just as we were ready to head out to Ruttger's for the Oktoberfest we saw a house on a semi trailer traveling slowly down the quiet, dark streets of Deerwood, MN. I wonder where it was going…
This event, Oktoberfest, was a new experience as we had to set up in the dark. I've never done an outdoor show this late in the season and it was cold in the wee hours of the morning. By 8:00 a.m. the chill had set into my bones and I was shivering, but was saved by a complimentary danish and steaming cup of cocoa provided by the event coordinators.
By show time the sun was out and so were the people.
Lots and lots of people. As the day wore on I began seeing some pretty odd characters. Wait! That isn't a person ~ that's a cat! I'm not sure what the tradition is with the costumes we saw, but I'm sure it's very German and Oktoberfesty.
For me they were just a little scary, but very friendly nonetheless.
There was music and food and tons of vendors set up for craft and art shopping. There was a juggler, a balloon sculpting guy and a "bouncy house" as I heard it referred to by a little girl passing by. Of course there was also beer, a necessary staple for Oktoberfest.
Everyone was having a marvelous time. I took a picture of part of my candle display just for fun. I didn't notice until now how Spiced Cranberry appears to be posing for the camera. And it should! A fantastic fragrance and beautiful candle if I may say so.
It was a wonderfully bright autumn day. Roadie Husby and I were happy to participate in such a fun event and we'd be glad to go back next year! So long, Ruttger's, until then.
Posted in Nostalgia, tagged Deerwood Motel on October 23, 2011| Leave a Comment »
It's Sunday night and I've spent the entire day restocking product from the Ruttger's Oktoberfest craft show, unpacking the suitcase, doing laundry, ironing, making a delicious and nutritious dinner of pizza rolls and an apple, balancing a checkbook, and working on business paperwork. I can't complain too much because I slept in this morning for the first time in many weeks. Usually sleeping in equates to 7:30 a.m. Today it was more like 9:00. Heaven! It will be nice to crawl back into bed this evening.
On Friday Husby and I spent the night at the Deerwood Motel and had our choice of three beds! We had to choose wisely, however, as the room rate was based on how many beds were used instead of how many people occupied the room.
We chose the middle bed as it accommodated both of us and wasn't right next to the window. Goblins come in through windows you know, so we couldn't take the chance of being caught unawares.
I love motels like this one. It's old but clean and tidy. The busy bedspreads are standard prop in motels like this, but are toned down by the lovely paneled walls. Our room was especially fancy because it also had a recliner.
We didn't use the chair except as a place to stow some of our stuff in order to keep the unused beds tidy, but it was good to know it was available if needed. There was plenty of room for my candles ~ I don't like to keep them out in the truck overnight. I also like to open up the top of the tubs to keep the candles from sucking in other candles' scents. The pretty floral wallpaper on the wall next to the cute little desk gave me an urge to sit down and write a letter to someone. I was much too tired, though, so I didn't.
As with all classic motels this one came with the requisite motel artwork. Breathtaking landscapes are always a good choice in a vintage motel. I'm pretty sure it was bolted to the wall. And why not? It's so steal-worthy.
All joking aside we had a very nice, albeit short, stay at the Deerwood Motel. We arrived after 7:00 p.m. on Friday and left by 6:00 a.m. on Saturday to begin our day at Ruttger's. I'll write more about that tomorrow. Right now I have to crawl into my own bed with freshly laundered sheets. As much as I like to visit rustic and retro motels there's really nothing better than a night in my own bed. Pleasant dreams to me!
Posted in Food, tagged candy corn, peanuts on October 21, 2011| 2 Comments »
I first heard about this snack from my mom. When she told me about it I thought, really? I couldn't imagine it to be much of anything. Then when I got my hair done I saw a bowl of it on the reception counter at the salon. My hairdresser encouraged me to try some, so I did. I knew immediately why my mom wanted to spread the news about this taste treat.
Dry roasted peanuts and candy corn. That's it. I mixed equal parts of each and found it to be most delicious combination of sweet and salty. It tastes like a salted nut roll. And the colors are so autumny! The bowl of my snack mix went perfectly with the autumn anniversary flowers Husby gave me.
I love having snack mix out for company, even if my company consists only of Captain Jack Sparrow on my TV screen. Do you have a favorite recipe for snack mix? Please share!


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"Innovate. Have the courage to challenge the status quo. Breakthrough services
and products are invented by fearless people who want to improve the universe.
Age when it comes to chronic TMJ and headache pain."
---------------------------------------------- www.FredAbeles.com
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trained and experienced therapist should be able to do that."
------------------------------------------------ www.Deliaroma.com
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"My most important success habit—by FAR—is what I call Laser Sharp Focused
the ONE thing on my list that, if accomplished, would make everything else on my
------------------------------------------ www.CompelFitness.com
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"Extend your timelines for success. Don't over-estimate what you can do in the short
term or under-estimate what you can do in the long term."
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Be consistent in planning and in execution. Be consistent in your diligence, your
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----- www.GregJoneslaw.com, www.BadMedicineLaw.com
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"I wake up every day thinking, 'Whose life can I change for the better today?' Be
it friend or stranger, I make sure to reach out in person, by email, text or social
Habitually focusing on the needs of others is part of my road to success."
--------------------------------------------- www.GoodInDeed.com
Ryan P. Skinner | President, Summit Financial Partners
"With every new client, I follow the same systematized process to help them
determine how to best allocate their retirement savings to ensure that they don't
improve the wheel, but not constantly reinvent the wheel."
------------------------------ www.SummitFinancialPartners.org
Patricia Takacs, DMD | Owner/Dentist, Beaumont Family Dentistry
held high, follow your vision, lead your team, and the Rewards will come."
Troy West | CEO, Lifestyle Financial Planning
"To live the lifestyle you want, you must have the right ingredients and the right
syntax. Aligning time, money, passion, having an adaptable plan for constant
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where we are to where we want to be, we must focus on what we can do today."
------------------------------------------------www.LifestyleFP.com Scott Burnett, Esq. | CEO, Burnett and Associates, Inc.
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--------------------------------- www.BurnettandAssociates.com
Michael L. Cook | President, NGB Financial
-cess, the most important habit is persistence. When everyone else has given up,you must keep pushing forward. My perseverance enables me to serve others andhelp them succeed, which I truly enjoy."--------------------------------------------- www.NGBDr. Brian Harris | CEO HarrisDental
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agenda that we don't LISTEN to what the customer really wants. It's actually
--------------------------------------------- www.HarrisDental.com
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a dynamic educational edge and unparalleled knowledge bank."
------------------------------ www.HunterCleaningServices.com
Kris Murray |President, Child Care Marketing Solutions
important is belonging to a "mastermind" or peer/coach group of like-minded entre-you tackle them—they provide support, accountability, and encouragement on days
that you just want to give up."
----------------------------------- www.Childcare-Marketing.com
Dr Fred Rouse, CFP | The REAL Money Doctor & International Best Selling Author
"Being able to enjoy the "lifestyle" you want and deserve without worrying about
control and fast track their money for their Ultimate Secure Retirement© in less than
-------------------------------------------- www.DrFredRouse.com
Harry A. Smith, CRPC©, CIMA© | Sr. VP Financial Advisor, RBC Wealth Management
"Keep money and success in perspective. Money is important but what your money
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mind. Imagine where you are, who you are with and what you are doing. Work with
while maintaining your standard of living."
--------------------------------------------- www.HarryASmith.com
Deatra M. Stevenson | Founder/CEO, DEARS Inc. and DEARS Foundation
"Four days a week I meet with friends for one hour to share status updates on quarterly
goals, discuss any challenges, celebrate wins and read something positive that inspires
self-inventory and making the necessary adjustments sooner rather than later. It's not
about doing more things but becoming a better person."
------------------------------------------------- www.DEARSinc.com
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text:
Top 5 best American cars
United States of America are known for a quality and power of numerous muscle cars. But how the actual reality can surprise us? What cars are the best in the American market for consumers? Let's look at our top list!
The first place takes Lincoln MKX
Second place takes Ford Fusion SE
Third place takes Ford Edge SEL
Fourth place takes Chevrolet Sonic LT
Fifth place takes Buick Regal Premium I


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If Audi New Vehicle Limited Warranty (NVLW) coverage remains at time of Certified pre-owned (CPO) purchase, CPO Limited Warranty Coverage commences upon expiration of NVLW and continues until 5 years from vehicle's original in-service date with no mileage limitation. If NVLW coverage has expired at time of CPO purchase, CPO Limited Warranty coverage continues for 12 months with no mileage limitation. See owner's literature or dealer for warranty exclusions, and limitations.
*1.99% APR, no down payment required, available on MY13-17 A3, A4, A6, Q5, & Q7 Certified pre-owned vehicles financed by Audi Financial Services through participating dealers. Example: For 1.99% APR, monthly payment for every $1,000 you finance for 24 months is $42.54. Not all customers will qualify for credit approval or advertised APR. Offer valid January 3, 2019 - February 28, 2019. Offer not valid in Puerto Rico. See your local, participating Audi dealer for details or, for general product information, call 1-800- FOR-AUDI. ©2019 Audi of America, Inc.Optional Audi accessories shown. Please contact your dealer for pricing and availability.
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One of the great things about the internet, it seems to me, is the way it can lead you to discoveries that you might otherwise never have made. Much of the music and many of the musicians I have featured on this blog were just such discoveries. This video of Beethoven's 4th concerto is another, and therein lies a story…
A little over a week ago, I was listening to Marc-Andre Hamelin's performance of the Berg Sonata that I featured last month. When the video ended, there appeared on my screen a link to a performance of the same sonata by French pianist Hélène Grimaud. I clicked on it, and while listening, happened to see another link, this one to a documentary about Ms. Grimaud entitled "Living with Wolves". Who could resist that? I clicked again, and watched the entire video, all 55 minutes of it. (That documentary, which is fascinating, can be seen here: http://www.youtube.com/watch?v=O23tQPJ9ZbY.)
A short segment of "Living with Wolves" made an especially strong impression on me. At 28:16 there is an excerpt from the second movement of Beethoven's 4th piano concerto. I was struck immediately by the intimacy of Ms. Grimaud's conception. I have heard many pianists perform this movement, but I have never heard the dialog between piano and orchestra rendered so movingly. The pleading of the piano, set against the stern remonstrations of the orchestra, is particularly memorable. I knew right away that I had made a great discovery, one that I wanted to share with readers of this blog.
In "Living with Wolves", Ms. Grimaud comments about this concerto as follows:
The Beethoven 4th Concerto for me is just one of the most beautiful things ever written for piano and orchestra, and I really believe to this day is still one of the most original ones. I mean, if you think about how the concerto starts, which for the time was a revolution, with the piano beginning the piece, and then of course the format of the second movement, and this dialog, it really remains one of the most incredible things ever written. And it has a special place in my heart amongst the five concerti. It's for me the most – this is going to sound bizarre – the most different. They're all different, of course, but this one really stands aside in the quality of expression and the sort of philosophical quality to the concerto. For me, it's a concerto that takes place already beyond the basic human emotions, unlike the other four.
I can add only that Ms. Grimaud's feelings about this concerto are captured beautifully in this video. And to think I might never have heard it, or of Hélène Grimaud for that matter, if not for YouTube and the internet. Truly, these are great days we live in!
In this performance, Christoph Eschenbach conducts the Orchestre de Paris in 2001 at the Royal Albert Hall in London.


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"Hurry!" Mike tugged on Jenna's hand, urging her to run faster over the uneven ground.
Jenna glanced over her shoulder. "We lost them." Her steps slowed. If she could just have a moment to catch her breath.
"Come on! We didn't lose them—they're just delayed at the fence." He yanked harder and spikes of pain sparked from her shoulder into her neck.
"Ow! You don't have to rip my arm off." But she picked up the pace.
Mike trotted along the shore of the little protected cove, pulling Jenna along with him. Together they dodged coconuts littering the ground. Jenna balked when he led them to a white and orange boat.
"What the hell is that?" She dug her heels into the grass and he dragged her several feet. "You trying to drown us?"
At the shouts in the distance, Mike pointed behind her. "We have to go. Now!"
He gave her a shove and she tumbled into the boat, grasping the edge to keep from plunging into the water beyond.
"Okay! Take it easy!"
Mike picked up an oar and pushed off the shore with a grunt. "Hold on!" He grabbed the other oar and began rowing.
A few feet from the shore, loud calls reached them. They'd been discovered. One tall skinny youth with scraggly hair jumped into the water and began swimming in their direction.
"Oh, no you don't!" Jenna lifted the green tarp behind her. Coconuts! Lots of them. She picked them up and began lobbing them toward the swimmer.
Sputtering, the youth stopped swimming. "Cut it out, Jenna! Dammit, Mike! Come back here with my girlfriend!"
"I. Am. Not. Your. Girlfriend!" Jenna screamed, punctuating each word with a hurled coconut. She flung one more at her ex, hitting him square on his forehead. "Cheater!"


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For too long, conventional political thinking about the Arab world was based on a false dichotomy: authoritarian regimes or fundamentalism, extremism, terrorism. The leaders of those regimes also seemed to believe in their roles as guardians of stability. Behind the façade, however, severe social and economic problems kept mounting. Stagnating economies, pervasive corruption, the widening chasm between rich and poor, and a life of frustration for millions of young people fueled social unrest.
Egypt's Agonizing Choice - NYTimes.com
Just as everywhere else, the only way forward in the Arab world, with
its tortuous history, unique culture and numerous risks and dangers, is
toward democracy, with the understanding that the path is difficult and
that democracy is not a magic wand.
It would be a mistake to see Islam as a destructive force. The history
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can have great potential.
One needs to muster courage for real change, because power without
accountability cannot last. This is what hundreds of thousands of
Egyptian citizens, whose faces we've seen on television, stated loud and
Looking at those faces, one wants to believe that Egypt's democratic
transition will succeed. That would be a good example, one the entire
world needs.


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Washington: Backtracking on the claims made in his just-released memoirs, President Pervez Musharraf said the United States' Central Intelligence Agency did not pay money to the Pakistan Government for handing over Al-Qaeda suspects.
A passage in Gen. Musharraf's book, In The Line of Fire: A Memoir, read: "Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan."
CNN pointed out to Gen. Musharraf during an interview that it had asked the CIA how much prize money it had paid Pakistan. On this, the Pakistan President said, "You know, I don't know whether this is to the Government of Pakistan. I don't think I wrote `the Government of Pakistan'."
When pointed out that on Page 237 of his book he had in fact written this, and asked if he wanted to revise it, Gen. Musharraf said, "Yes. I think that if it is written `Government of Pakistan,' yes," he said. "Certainly not the Government, not the Government ... no, [the] Government of Pakistan hasn't received anything," he said. PTI


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How 100+ Women Who
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The charity/non-profit/worthy cause must agree to NOT use the donors' names for future solicitations or give the information out to the public. If the charity/non-profit/worthy cause does not adhere to this condition, they will be removed from any future consideration.


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U.S. or developing markets? Why you should consider ETF investment in both
We think that virtually all Canadian investors—even conservative ones—can hold, say, 20% to 30% of their portfolios in U.S. stocks or U.S.-focused ETFs. Conservative investors could also add some foreign ETFs in reasonable quantities: perhaps 10% of their holdings (with a portion in higher-risk emerging-market… Read More


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Solar Radiation
Solar radiation is the radiant energy emitted in the interplanetary space of the Sun. This radiation is generated from thermonuclear fusion reactions that occur in the solar nucleus and produce electromagnetic radiation at several frequencies or wavelengths, which it then propagates in space at the typical speeds of these waves. This spread allows you to bring solar energy with them.
The solar constant is the amount of energy received in the form of solar radiation per unit of time and unit of surface, measured in the outer part of the Earth's atmosphere in a plane perpendicular to the sun's rays. The results of its measurement by satellites they yield an average value of 1366 Wm-2.
Solar energy and consequently solar radiation results from the nuclear fusion process that takes place in the Sun. This energy is the main energy source and, therefore, the engine that moves our environment. The solar energy that we receive through solar radiation is directly or indirectly responsible for aspects as important for life as photosynthesis, maintaining a temperature on the planet compatible with life, wind, etc. The solar energy that reaches the Earth's surface is 10,000 times greater than the energy currently consumed by all of humanity.
Definition of radiation
Radiation is the transfer of energy by electromagnetic waves. Radiation occurs directly from the source outward in all directions. These waves do not need a material medium to propagate, they can cross interplanetary space and reach Earth from the Sun.
The wavelength and frequency of electromagnetic waves are important to determine their energy, their visibility and their penetration power. All electromagnetic waves move in a vacuum at a speed of 299,792 km / s.
Characteristics of solar radiation
Solar radiation is not concentrated in a single frequency, but is distributed in a broad spectrum of non-uniform amplitude with the typical shape of a bell, as is typical of the spectrum of a black body with which the solar source is modeled. The maximum radiation is centered in the band of radiation or visible light with a peak at 500 nm outside the Earth's atmosphere according to Wien's law, which corresponds to the cyan green color.
The photosynthetically active radiation band (PAR) oscillates between 400 and 700 nm, corresponds to the visible radiation and is equivalent to 41% of the total radiation. Within the PAR there are sub-bands with radiation:
- blue-violet (400-490 nm)
- green (490-560 nm)
- yellow (560-590 nm)
- red orange (590-700 nm)
In addition to the visible radiation, an energy-minority component, but nevertheless worthy of mention for its effects is the infrared and, above all, the ultraviolet rays.
Upon crossing the atmosphere, the solar radiation undergoes phenomena of reflection, refraction, absorption and diffusion by the various atmospheric gases to a variable degree as a function of frequency, so that the soil of the solar spectrum is irregular compared to that detected. in external atmosphere thresholds (TOA) with the presence of typical absorption or reflection bands.
Propagation of solar radiation in the atmosphere and on the surface of the earth
Due to the characteristics of the Earth's atmosphere, solar radiation undergoes certain alterations to cross it and reach the surface.
Radiation balance
On average, the Earth receives 1 366 W / m² (solar constant) from the Sun. This is related to the thresholds of the atmosphere and the plane perpendicular to the incoming solar rays: it is therefore necessary to take into account that solar radiation on Earth hits a spherical cap for 1440 minutes each day, decreasing by 75%. The atmosphere in turn filters the Sun's rays to a certain extent, as does each body, causing:
- a reflection and a back-scattering of the rays, due to their albedo, to the clouds and atmospheric gases themselves;
- an absorption that causes an increase in temperature, as a result of which it emits radiation in any direction according to Wien's law. However, this absorption is modest in the visible light band, so it is transparent to direct solar radiation.
Approximately half of the solar radiation passes through the atmosphere without alterations, taking the name of net radiation. Half of the net radiation finally contributes to the evaporation of the water masses, therefore, the solar energy available is approximately a quarter of the total energy emitted.
The stratosphere absorbs the ultraviolet rays included in the 200-300 nm band thanks to ozone, the troposphere absorbs and diffuses the infrared thanks to water vapor and CO2. The filtering action of bands in ultraviolet wavelengths, mostly lethal, is essential for the development of life.
Diffused solar radiation
Diffuse radiation is also called indirect radiation. Diffuse solar radiation represents the portion of solar radiation that has hit at least one particle of atmospheric gases by changing the angle of incidence and which, however, reaches the ground because it is directed towards it. Increases in relation to the total in cloudy skies. In particular, Rayleigh scattering of the blue component of solar radiation is responsible for the blue color of the sky. A part of the diffuse radiation is back towards space.
Incidental solar radiation
The incident solar radiation is that radiation that has encountered any obstacle to which it has given all or part of its energy. Energy that does not reach the surface of the earth is said to be extinct and is formed by radiation re-emitted, reflected and backscattered into space.
According to Lambert's law, the amount of radiation hitting the surface unit is proportional to the cosine of the angle of incidence.
The maximum amount of incident solar radiation is obtained with perpendicular incidence, since the angle increases, both the surface affected by the same amount of radiation and the thickness of the atmosphere traversed by these increases. This creates the daily, annual and latitudinal variations in the irradiation.
Reflected solar radiation
The reflected solar radiation is the part of the incident solar radiation reflected from the surface of the earth due to the albedo effect. The albedo is the reflection coefficient c. The values of c are usually between 0 and 1 or are expressed as a percentage. It is given by the relation between the radiant energy reflected from a surface with respect to the incident energy. The Earth has an average value of 40% (c = 0.4). At the altitude of the Earth's albedo, we add the radiations reflected by atmospheric particles to space.
Absorbed solar radiation
After deducting all the losses due to reflection and backscattering of the Earth's atmosphere and surface, the remaining incident solar radiation is absorbed by the Earth's surface and therefore contributes to its warming, in a way that variable depending on latitude and type of surface.
Last review: April 13, 2017


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Silent Film Festival's Trailers – The World First Instagram Film ExperiencePosted: April 11, 2013 Filed under: Canada, Digital, Promotion | Tags: Digital, Instagram, Promotion, scroll, Silent Movie, Toronto Silent Film Festival, trailer Leave a comment
The Toronto Silent Film Festival has taken to another new-media platform to promote its upcoming event. The festival has set up three Instagram accounts, which each contain "trailers" for silent movies. There's tsff_1, which showcases Murnau's classic Sunrise: A Song of Two Humans; tsff_2, featuring an excerpt from the 1925 feature Tumbleweeds; and tsff_3, taken from the Del Lord short Super-Hooper-Dyne Lizzies. To view each trailer, head to the relevant Instagram account on your smartphone and scroll rapidly though the images to create a flip book-like effect.
The idea for the novel advertising method came from Canadian advertising agency Cossette, which explained its thinking behind the campaign to Creative Review: "It feels appropriate to be using a technology like Instagram to promote the silent film technique," says co-chief creative officer Matt Litzinger, explaining that silent film was "in its day.. every bit as ground-breaking and innovative as digital platforms are today."
Agency: Cossette
Co-CCOs, Creative Directors: Matthew Litzinger, David Daga
Copywriter: Sebastian Lyman
Art Director: Pepe Bratanov
Year: 2013
Scholz & Friends for Fresh'N'Friends – Fruit FiguresPosted: November 30, 2012 Filed under: Ambient, Case History, Design, Digital, Direct, Event, Germany, Graphic Design, Installation, Promotion | Tags: Alexander Doepel, Ambient, Bjoern Kernspeckt, Case History, Direct, Florian Schwalme, Fresh`N´Friends, Fruit Figures, Germany, Jinhi Kim, Loic Sattler, Martin Pross, Mathias Rebmann, Matthias Spaetgens, organic supermarket, Promotion, René Gebhardt, Sandra Krebs, Scholz & Friends, Wolf Schneider Leave a comment
All adults know: healthy eating is important. The organic supermarket chain Fresh`N´Friends benefits from that situation. There is just one small problem: kids hate healthy food but they love sweets. Actually, that´s even a big problem. In Germany every fifth child is overweight. "Instead of calling attention to that problem with a traditional ad campaign we chose to solve the problem."
The solution was a new product: fruit figures. "To make fruits as appealing as sweets for kids we designed fruit arrangements that suit children. Boring fruits were designed in shape of teddy bears, kittens, flowers – all the things kids love." Just like ordinary fruit salads the fruit figures were sealed, put in a tray and sold in Fresh´N´Friends stores.
Additionally, they were promoted with advertising specifically targeted at parents and their kids – direct mailings, email newsletters and posters. In order to involve the kids directly in the campaign a contest was started. We placed cut-out sheets in every package. So the kids could make their own fruit figures by hand. They also could design them digitally on the Fresh`N´Friends website. All ideas were published and judged online. The figure with the most votes was added to the product range. Over 3,500 designs from children were submitted. The rabbit figure of five-year-old Dario got the most votes and was therefore added to the product range.
Advertising Agency: Scholz & Friends, Berlin, Germany
Creative Director: Martin Pross, Matthias Spaetgens, Wolf Schneider, Mathias Rebmann, Florian Schwalme
Art Director: Alexander Doepel, Sandra Krebs, Bjoern Kernspeckt, René Gebhardt, Loic Sattler, Jinhi Kim
Photographer: Attila Hartwig
Graphics: Peter Schoenherr, Simon Rossow
Year: 2012
Air France/Music in the Sky – The Sky Has Something to SayPosted: November 21, 2012 Filed under: Case History, Digital, France, Promotion | Tags: Air rance, Alexandre Saad, application, BETC, Digital, douard olhagaray, Esteban Lebour, Eugene McGuinness, Florence Bellisson, France, Guillaume Rebbot, iphone, Melody's Echo Chamber, music in the sky, Promotion, rançois & the Atlas Mountains, Sebastien Partika, Villagers 1 Comment
Air France Music is known and renowned for its exclusive musical selections. As suitable for an airline company, they are now inviting music lovers to turn their heads towards the sky with the new iPhone application "Music in the Sky", designed by its agency BETC.
The principle is both poetic and fun: exclusive tunes are hidden in the clouds and all you have to do is catch them by lifting your iPhone, which automatically adds them to your playlist. Anyone with an iPhone can use the app, but travelling passengers will also have the privilege of discovering new tracks depending on where they are in the world: from Paris to Tokyo to Buenos Aires, the sky will hide its own music.
For the first time, thanks to the application, Air France Music fans will be able to listen to the "on air" selections played on board the planes also on terra firma. To celebrate the launch, unreleased tracks from François & the Atlas Mountains, Eugene McGuinness, Villagers, Melody's Echo Chamber and Tomorrow's World will be revealed. Finally, throughout the year, Air France Music will organise competitions in the app with the chance to win unreleased tracks, concert tickets or even plane tickets. The Air France Music application can be downloaded free in the Apple Store.
Advertising Agency: BETC
Creative Director: Florence Bellisson
Art Director: Sebastien Partika, Esteban Lebour, Alexandre Saad
Copywriter: Edouard olhagaray, Guillaume Rebbot
Web Designer: Bernard Quarante
Year: 2012


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DIRECTOR: Jean Negulesco
Of all the Titanic movies, this Hollywood attempt from 1953 must surly stand as one of the worst, even standing next to the appalling Nazi propaganda version from 1943! I would not even call this a truncated version, rather and rushes and lackadaisical re-telling of the disaster, in which there are heroes, dignity and a lack of conviction or at least confidence in telling this story.
The disaster itself is reduced to a half an hour of footnotes whilst the main story is a first class melodrama focusing a Barbara Stanwick and Clifton Webb's impending divorce and the true parentage of their son. Though I must admit, these relationships do provide the nearest thing to a palpable character arch during this movie, which not only takes numerous liberties, it also misses the point several times.
But having said that, it would not be until 1958 with A Night To Remember (1958) where a sobering and more detailed examination would be committed to celluloid and this film is clearly a product of its time, just off the back of Hollywood's Golden Age and it may well have been perceived that audiences would not be interested in a more detailed break down of the disaster itself. Maybe this was true?
Overall, it will do for its time but being so light and fluffy, it cannot stand the test of time.


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Shenzhen Jellydoll has focused on the sex doll business for many years and offer the best value for money in the marketplace.
Jellydoll plans to design more models in the near future and the company has a research team in the USA and currently working on the development of robotic models. All Jellydoll models are made with TPE (Thermo Plastic Elastomer).
- Height: 165cm
- Weight: 33kg
- Bust: 87cm
- Waist: 57cm
- Hips: 80cm
- Feet: 21cm
- Hole depth: Vagina:17cm , Anus:15cm and Oral:13cm


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Happy wheels 3
Happy Wheels is a side-scrolling, physics-based, obstacle course game with over a billion plays online and is now available for your mobile devices. The goal of the game also differs depending on the level. In most levels the goal is to reach a finish line or to collect tokens. Many levels feature alternate or nonexistent goals for the player. The game controls are shown just under the main game window making it fairly easy to understand and play. Movement mechanisms primarily include acceleration and tilting controls. Happy Wheels features a level editor which allows players to create custom levels of their own. It contains a plethora of tools and objects for level building such as harpoon guns,blocks and vans. Users can upload their maps to a public server where they are accessible. Assume the role of your adequately prepared racer and ignore severe consequences in a desperate search for victory.


text:
I have a Macbook Pro Snow Leopard. I want to buy a Dell Laser printer (currently looking at Dell 1320c). As far as I know, it does not have an official driver for Snow Leopard.
If I bought Parallels, and ran, say, Windows 7 and install the printer drivers, will it work?
I dont mind having to launch Windows every time I need to print something.m


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Imagine being able to travel from Dallas to Austin in 20 minutes. Or Dubai to Abu Dhabi in 12 minutes. Virgin Hyperloop One is reinventing transport by developing the world's first Hyperloop.
Virgin Hyperloop One: Creating the first major new mode of transport in more than a century
With speeds two to three times faster than high-speed rail and an on-demand experience, Hyperloop can reduce a 300 km commute to under 20 minutes — smashing today's traditional transportation boundaries. A pod, which can carry cargo or passengers, moves through a tube built under- or over-ground. Magnetic levitation guides and lifts the pod, and vacuum pumps remove the air from the tube. It's fully autonomous, all-electric, zero-emissions, and is cheaper to build than high-speed rail.
PA Consulting Group is helping Virgin Hyperloop One make the new system a reality. PA's systems engineering and enterprise architecture experts have been working on the plans for the complex software and traffic control systems that will be needed. With PA's support, Virgin Hyperloop One was able to accelerate delivering the software systems requirements required for Hyperloop by 30 per cent.
PA has also given Virgin Hyperloop One the expert support to devise and set out a robust road map for achieving their vision. That road map articulates the steps required along the journey to take this totally new technology and bring it to life.
As members of Virgin Hyperloop One's Partner Advisory Board, PA is working closely with the company and other partners to get commercially operating Hyperloop up and running and ultimately change the way we live, work and travel.
PA Consulting Group is an innovation and transformation consultancy. We believe in the power of ingenuity to build a positive human future in a technology-driven world.


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Karnatak University Dharwad (KUD) Results for the even semester exams have been delcared. Student can download their result by entering their "Registration Number" on the official website. Students must know that the result declared by the university on the portal are provisional ti
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16 Results in category Run
Adventure Racing Coromandel runs three unique events a year including the Flights Centre K2 Cycle Race, the ARC Adventure Race and the Great Cranleigh Kauri Run
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Events - MaxMarathon, MaxMud & MaxMiler.
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view fax+61 07 3851 0574


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Part 5 of the Marine Liability Act (formerly the Carriage of Goods by Water Act) governs the carriage of goods by sea to or from Canada and within Canada. The Act implements the Hague-Visby Rules and provides for the possible future implementation of the Hamburg Rules. Pursuant to the Hague-Visby Rules the carrier of the cargo is liable for any loss of or damage to the cargo unless the loss or damage is caused by an excepted peril. The carrier is, however, entitled to limit liability to the greater of 666.67 SDRs per package (approximately C$1,200) or 2 SDRs per kilogram (approximately C$3.60). The time limit for bringing a suit against the carrier is one year from the date of discharge of the goods.
For an overview of Canadian Law of Carriage of Goods by Sea see the paper Canadian Law of Carriage of Goods by Sea: An Overview
For a list of the cargo regimes in force in various countries see A SURVEY OF THE CARGO BY SEA CONVENTIONS, prepared by George F. Chandler III of Hill, Rivkins & Hayden, Houston, Texas.
The database contains 72 case summaries relating to Carriage of Goods by Sea. The summaries are sorted in reverse date order with 20 summaries per page. If there are more than 20 summaries, use the navigation links at the bottom of the page.
American Transport Logistics v. Kobi Group Inc., 2009 CanLii 65798
This was a motion for summary judgment brought by the plaintiff, an international freight forwarder, against the defendant, an international importer and exporter of commercial goods for resale. In January 2007, the defendant contacted the plaintiff to arrange the carriage of perishable goods from Germany to Kingston, Jamaica. The destination was later changed to St. Lucia and in March 2007 the goods arrived at St. Lucia. Upon arrival at St. Lucia, the St. Lucia authorities found the goods had passed their expiry dates and therefore condemned the goods and imposed local storage/detention charges. The defendant paid the shipping cost but refused to pay the storage/detention charges alleging that the plaintiff had acted without instructions in changing the destination to St. Lucia. The Court found that the defendant had, in fact, instructed the plaintiff to change the destination to St. Lucia. The Court additionally found that the terms of the contract between the parties imposed on the defendant the responsibility of paying all storage and detention charges. Finally, the Court held that article IV(2) of the Hague-Visby Rules, exempted the plaintiff from liability for such charges.
Allianz Global Risks US Insurance Co. v. Moosonee Trans. Ltd., 2009 QCCQ 7569
This was a subrogated claim for several vehicles and other cargo lost when a barge sank en route to James Bay. The defendants were a company that arranged the transportation and the actual carrier. A preliminary issue in the case was whether the claim was governed by Canadian maritime law or the Civil Code of Quebec. The Court had little difficulty in determining that the claim was governed solely by Canadian maritime law. The Court next considered whether the plaintiff was bound by the contract between the intermediary and the carrier and the exclusion clause contained therein. The Court held that the intermediary was a freight forwarder acting on behalf of the plaintiff and not a carrier and that, accordingly, the plaintiff was bound by the contract between the intermediary and the carrier. The Court next considered whether the contract of carriage was subject to the Hague-Visby Rules and held that the rules did not apply as the contract was evidenced by a non-negotiable shipping receipt (not a bill of lading) and the cargo was loaded on deck and was so stated in the contract. As a result, the exclusion clause in the shipping receipt was held to be applicable. (Note: Regrettably, this case, as with many cases decided by Quebec courts, is reported only in French. The author has relied on his limited command of the French language and computer translation in preparing this summary.)
H. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd., 2009 FC 727
The issue in this case was whether the receiver of cargo under "freight Pre-paid" bills of lading was liable for non-payment of freight. The parties were: H. Paulin, the receiver/consignee; A Plus, a local forwarder who issued bills of lading and was held to be a NVOCC; Scanwell, a forwarder who had contracted with A Plus and who issued "freight prepaid" forwarders receipts; and OOCL, the ocean carrier, who had been hired by Scanwell. H. Paulin paid freight to A Plus and Scanwell paid freight to OOCL but A Plus did not pay Scanwell's freight bill. Scanwell claimed the freight against H. Paulin. The first issue was the meaning of the term "freight prepaid". The Court noted that, although the statement would not preclude an action for freight as between Scanwell and A Plus (the carrier and shipper), the statement was effective to prevent either a claim in rem against the cargo or in personam against H. Paulin. The Court next considered whether principles of agency could apply to make H. Paulin liable for the freight, however, it was held that A Plus acted as principal for its own account. Accordingly, Scanwell's claim against H. Paulin was dismissed.
Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2009 FCA 119
This was a subrogated claim for the loss of approximately C$1 million worth of logs. The logs were lost from the deck of a barge while en route from Vancouver to California. The issues in the case were: first, whether the cargo was sufficiently described as deck cargo to remove it from the application of the Hague-Visby Rules (thus denying the defendants the right to rely upon exclusion or benefit of insurance clauses in the contract); and second, whether the waiver of subrogation clause in the plaintiff's insurance policy protected all of the defendants or just the specifically named contracting carrier. The contract of carriage was contained in a letter of understanding and set of standard terms and conditions which incorporated a bill of lading that was "contemplated" to be issued. The bill of lading, which was never in fact issued, included on its face a statement that "all cargo was carried on deck unless otherwise stated". The plaintiff argued that a printed statement of deck carriage in a standard bill of lading that was not actually issued was not sufficient compliance with Art 1(c) of the Hague-Visby Rules to oust the application of the Rules. The motions Judge held, however, that the plaintiff was bound by the terms of the contract including the bill of lading terms and these contained a clear statement as to deck carriage. In result, the Rules did not apply. The second major issue in the case concerned a clause in the plaintiff's policy of insurance which specifically waived subrogation against the contracting carrier. The contracting carrier had entered into time charters for the tug and barge with two affiliated companies who actually carried out the contract through their employees. The issue was whether these other companies and their employees could take the benefit of the waiver of subrogation clause which did not name them specifically or by class. The motions Judge reviewed the complicated history of the waiver of subrogation clause and concluded that it was intended to waive subrogation against the "carrier" or "tower", terms that were used indiscriminately. As the other parties fell within the definition of "carrier" in the bill of lading, they were entitled to the benefit of the waiver of subrogation clause. He further held that extending the benefits of the waiver of subrogation to these other entities would be a permissible incremental change in the law. On appeal, the Court of Appeal upheld the decision of the motions Judge but for different reasons. The Court of Appeal enforced the waiver of subrogation clause not on the basis of the intention of the parties but referred to a separate clause in the policy whereby underwriters waived rights of subrogation whenever the assured had waived rights of recovery. The Court of Appeal held that pursuant to the terms of the bill of lading recovery had been waived against all of the defendants and therefore rights of subrogation were also waived.
Hapag-Lloyd Container Line GmbH v. Moo Transport & Commodities Inc., 2009 FC 201
The issue in this case was whether a counterclaim for damage to cargo and non-delivery should be dismissed on the grounds that the counterclaim was made out of time. The moving party relied upon a clause in the bill of lading that stipulated the carrier would be discharged from all liability unless suit was brought within one year (almost identical wording to the limitation period in the Hague/Hague-Visby Rules). The Court gave effect to the clause noting that this wording had the effect of completely excluding any cause of action rather than merely barring a remedy. In result, the counterclaim was dismissed.
Rio Tinto Shipping (Asia) Pte Ltd. v. Korea Line Corporation, 2008 FC 1376
In this matter the applicant, a voyage charterer, applied to pay into court the freight which it admitted was owing. The reason was that there were conflicting claims by two parities as to entitlement to the freight. The Court recognized the conundrum of the applicant and allowed it to pay the freight into court in satisfaction of its liability in respect thereof.
Catalyst Paper Corp. v. Companhia de Navegação Norsul, 2008 BCCA 336
This was an action for breach of a long term shipping contract. The contract was a three year contract of affreightment for the carriage of paper products to South America. The contract was negotiated using the "accept/reject" process. The main issue in the case was whether a final agreement had ever been concluded between the parties. The trial Judge found that there was a concluded agreement. On appeal, the British Columbia Court of Appeal extensively reviewed the evidence and concluded that a notional reasonable observer would not find a clear agreement between the parties on an essential term, cargo care. Accordingly, there was no agreement.
Locher Evers International v. Canada Garlic Distribution Inc. , 2008 FC 319
This was an action for the recovery of freight in relation to the carriage of produce from China to Toronto. The Defendant did not dispute the freight was owing but alleged a right to set-off and argued that the agreement ousted the jurisdiction of the Federal Court. The agreement between the parties expressly incorporated the Ciffa terms and those terms contained a no set-off clause which the Court had no difficulty enforcing. With respect to the jurisdiction issue, unfortunately, it is not clear from the judgment how this issue arose. There was apparently a jurisdiction clause but its contents are not set out. Nevertheless, the Court does say that the issue was raised too late.
Boutique Jacob Inc. v. Pantainer Ltd., 2008 FCA 85
This was an action by the Plaintiff for damage to cargo caused during a train derailment. The Plaintiff had contracted with the first Defendant, Pantainer, for the carriage of its cargo from Hong Kong to Montreal. Pantainer then sub-contracted the entire carriage to OOCL. OOCL in turn contracted with Canadian Pacific for the carriage of the cargo by rail from Vancouver to Montreal and it was during this portion of the carriage that the damage occurred. The carriage documents were an express bill of lading issued by Pantainer and an electronic waybill issued by OOCL which referred to OOCL's standard terms that were available on the OOCL website. At issue in the case was the liability of each of the Defendants and which bill of lading exclusions or limitations they were entitled to rely upon. With respect to the liability of Pantainer, the trial Judge held that it would have been liable as a contracting carrier but it was entitled to rely upon a clause in its bill of lading that excluded its liability for loss or damage that could not be avoided by the exercise of due diligence. With respect to OOCL, the Judge held that it was liable as a sub-bailee on terms and that the terms were those referred to in the OOCL electronic waybill. The Judge further held that these terms exonerated OOCL from liability for loss or damage that could not be avoided by the exercise of due diligence. The trial Judge also held that OOCL was entitled to rely upon the similar exemption in the Pantainer bill of lading via the Himalaya clause in that bill of lading. With respect to the liability of Canadian Pacific, the Judge referred to s. 137 of the Canadian Transportation Act, which prohibits a railway from restricting or limiting liability except by written agreement signed by the "shipper". The trial Judge held that "shipper" in s.137 meant the plaintiff and not OOCL. As a consequence, this provision precluded Canadian Pacific from relying upon the Himalaya and limitation clauses in either the Pantainer or OOCL bills of lading. The trial Judge further held that Canadian Pacific could not rely upon any limitation clause in its published tariff as this had been displaced by a limitation provision in the confidential rate agreement between OOCL and Canadian Pacific. In result, Canadian Pacific was held liable for the Plaintiff's damages calculated at the discounted selling price of the goods.
On appeal, the main issue was the trial Judge's interpretation of s. 137 of the Canada Transportation Act. The Court of Appeal overturned the trial Judge on the issue of the interpretation of s.137. Specifically, the Court of Appeal held that the term "shipper" meant OOCL, the entity that contracted with Canadian Pacific, and not the Plaintiff. Accordingly, there was a written agreement between Canadian Pacific and the "shipper" and the prohibition in s. 137 did not apply. The Court of Appeal next considered the applicable limitation amount. The Court noted that the agreement between OOCL and Canadian Pacific was subject to Canadian Pacific's tariff which limited liability, inter alia, to "an amount equal to the liability of the steamship company". The Court of Appeal held that this provision entitled Canadian Pacific to limit its liability to the amount prescribed by the OOCL bill of lading which was $2 per kilogram. The Court of Appeal disagreed with the trial Judge concerning the inconsistency of the limitation provision in the confidential agreement and tariff. The Court of Appeal held that the provisions were not inconsistent. Finally, the Court of Appeal held that the Himalaya clauses in either the Pantainer or OOCL bills of lading entitled Canadian Pacific to rely upon the limitation clauses in either bill of lading.
Alcoa, Inc. v. CP Ships (UK) Ltd., 2007 ONCA 686
The Plaintiff contracted with the first Defendant for the carriage of a cargo of aluminum from Massena, New York to Italy. The first Defendant had an arrangement with the second Defendant for the performance of the inland portion of the carriage from Massena to Montreal. It was intended that the first Defendant would then complete the carriage by sea from Montreal. However, during the course of the inland transit the container was stolen when left unattended by the truck driver. The main issue in the case was whether the Defendants were entitled to limit their liability for the loss pursuant to the terms of the first Defendant's standard bill of lading. The Plaintiff argued that a document entitled Straight Form Bill of Lading had been issued when the cargo was picked up by the second Defendant and that this bill of lading, which contained no limitation clauses, governed. The trial Judge held, however, that this bill of lading was a mere acknowledgement of receipt. The trial Judge noted that on four prior occasions the Plaintiff had shipped goods with the first Defendant and that on each occasion the Defendant had issued its standard form bill of lading. Based on this prior practice, the trial Judge held it was this bill of lading which governed even though it had not been issued at the time of the loss. The trial Judge next considered the Himalaya clause and the multi-modal clause in the bill of lading and concluded that they applied to the benefit of both Defendants. Finally, the trial Judge considered and rejected an argument that there had been a fundamental breach by the Defendants, noting that there was nothing deliberate about the conduct of the Defendants that would warrant denying them the protection of the limitation clause. In result, the Plaintiff was awarded $4,000 being the limitation amount in the bill of lading.
On appeal, the Ontario Court of Appeal held that the trial Judge had applied the wrong limitation provision. Specifically, the bill of lading provided various limits depending on where the transport occurred. The trial Judge applied the limitation for "Multi-Modal Transport outside the United States where COGSA is not contractually applicable". The Court of Appeal said the appropriate clause was the one dealing with multi-modal transport in Europe or within a state other than the United States. This provision gave a higher limit of $65,000.
Lovat inc. v. Blue Anchor Line, 2007 FC 491
This was an action for damage to a bearing shipped from Toronto to Turkey. The bearing was allegedly damaged by rust when it was delivered at its destination in Turkey. The evidence was that the cargo was in apparent good condition when discharged from the last carrying vessel at Istanbul, however, when it was delivered to its final destination in Turkey by truck it was found to be unwrapped and rust damaged. The contract of carriage with the Defendants was for carriage only to the Port of Instanbul. The on-carriage from Istanbul was under a separate contract with a non-party. The Court was of the view that the expert evidence submitted was not sufficient to establish the rusting damage occurred in the possession of the Defendants. The Court accepted the evidence of the Defendant's expert that an accurate assessment of the source of the rust damage required x-rays, chemical analysis and microscopic examination, none of which was done. Water samples and silver nitrate tests were inconclusive and there was no evidence submitted as to the composition of the alloy in the bearing or as to what might have caused the rust. Accordingly, the action against the carriers was dismissed.
Gearbulk Pool Ltd. v. Seaboard Shipping Co., 2006 BCCA 552
This matter involved a claim for indemnity by the Plaintiff ocean carrier against the Defendant for damages the Plaintiff was ordered to pay in the matter of Timberwest Forest Ltd. v Gearbulk Pool Ltd. et al., 2003 BCCA 39 (the "underlying action"). In the underlying action the cargo of lumber was comprised of two consignments destined to two different consignees. The carrier had the right to stow the entire cargo on deck, however, because there was space available, some cargo was stowed under deck. In total, 86% of the entire shipment was loaded on deck and 14% under deck. Bills of lading were subsequently issued by the Defendant as agent for the Plaintiff containing a statement that the cargo was stowed 86% on deck and 14% under deck. (This apportionment, though accurate for the entire shipment, was not demonstrably accurate with respect to each individual consignment or bill of lading.) The deck cargo was damaged at the discharge port. The carrier sought to avoid liability by relying upon an exclusion clause in the bills of lading for damage to deck cargo. The courts in the underlying action held, however, that the carrier was not entitled to rely upon the exclusion clause as the deck cargo was not sufficiently identified as deck cargo to take it outside of the Hague-Visby Rules. The carrier then brought this action claiming that it was entitled to indemnity because the Defendant had breached a contract of affreightment between the Plaintiff and Defendant. The contract of affreightment provided that the Defendant would indemnify the Plaintiff for any losses caused by any variance between the carrier's bill of lading to the Defendant and the Defendant's bill of lading to the shippers. The Plaintiff's bill of lading to the Defendant contained the statement "Stowed on Deck: 2,304,088 FBM of which 1,982,204 FBM loaded on deck without liability for loss or damage howsoever caused". The Defendant's bills of lading to the shippers contained, as indicted above, a breakdown in percentages of the on deck and under deck stowage. The trial Judge and the Court of Appeal held, however, that the cause of the failure of the exemption clause and the Plaintiff's liability in the underlying action was not the variance between the bills of lading but was because the Plaintiff's supercargo did not take steps during the loading to adequately identify what was loaded on deck and under deck. The description of the cargo stowage had to be sufficient to permit a shipper to determine the extent of the risk presented by the on deck cargo. This required sufficient identification of the cargo to determine not just the quantity but also the value of the cargo stowed on deck.
Canadian National Railway v. Neptune Bulk Terminals (Canada) Ltd., 2006 BCSC 1073
The Plaintiff railway company brought this action against the Defendant terminal operator to recover demurrage charges for delay in the loading and unloading of grain from the Plaintiff's rail cars. The Plaintiff argued that it was entitled to the payment of demurrage in accordance with its tariffs published pursuant to the Canadian Transportation Act. The Judge reviewed the history of the Canadian Transportation Act and demurrage in relation to rail carriers and ultimately concluded that the Act did not permit the Plaintiff to impose tariffs on third parties such as the Defendant who have no direct contractual relationship with the Plaintiff. The Plaintiff's tariffs were only enforceable against parties with whom the Plaintiff contracted, namely, the shippers. The Plaintiff advanced an alternative argument that there was an implied agreement with the Defendant for the payment of demurrage based on correspondence and notices from the Plaintiff advising that terminals accepting rail cars were deemed to undertake payment of demurrage. The Judge also rejected this argument, however, as the Defendant had repeatedly advised the Plaintiff that it would not be responsible for the charges. Finally, the Plaintiff argued that the Defendant, who was named as consignee in some bills of lading, was liable for demurrage pursuant to s.2 of the Bills of Lading Act. The Judge rejected this argument on the basis, inter alia, that s.2 of the Bills of Lading Act applied only to consignees "to whom the property in the goods therein mentioned passes" and the Defendant did not acquire ownership in any of the goods.
Shtutman v. Ocean Marine Shipping Inc., 2005 FC 1471
The Plaintiff alleged that the carrier was liable for the loss of the contents of a container carried by sea from Halifax to Conakry. Specifically, the Plaintiff alleged that the carrier had either mis-delivered the container or that the contents of the container had been stolen while the container was in the possession of the carrier. Unfortunately, the Plaintiff's case depended primarily on the admissibility of letters from the consignee which stated that the container was empty when received and had no lock or seal. The Judge reviewed the law relating to the admissibility of hearsay evidence and noted that such evidence may be admissible if it meets the twin tests of reliability and necessity. The Judge found that this test had not been met and refused to admit the letters. The Judge further accepted the evidence of the Defendant's witness that the container had been delivered to the consignee. Accordingly, the Judge held that the Plaintiff had failed to meet the onus on it of proving the loss of the cargo while in the possession of the carrier. The Judge further held that the exclusion clause on the reverse of the carrier's bill of lading would have applied in any event since clauses excluding or limiting liability after discharge from the ship were not invalidated by Art. III r. 8 of the Hague-Visby Rules.
Canadian Forest Products Ltd. v. B.C. Rail et al., 2005 BCCA 369
Wood pulp was loaded in apparent good order and condition onto rail cars in the BC interior, discharged at a port terminal and then loaded on board the carrying vessel. At final discharge, the pulp was found contaminated with wood splinters and rejected for use by the receiver's customer. The Plaintiff claimed against the rail carrier, the loading terminal and the ocean carrier. The evidence was that wood splinter contamination was a known risk from using wood floored or lined rail cars but the Plaintiff had selected such rail cars over ones with steel floors. There was also evidence that the rail cars when delivered for loading were often not cleaned and that employees of the the Plaintiff had to inspect and sweep them. Such debris could have been a source of wood splinter contamination. At trial, the Plaintiff invited the Court to apply a presumption that the party liable is the last party to handle the cargo when the contamination was found. Specifically, the Plaintiff argued that the ocean carrier should be found liable on the basis of the presumption, or if the ocean carrier rebutted the presumption, the terminal should be liable, or if the terminal in turn rebutted the presumption, the rail carrier should be liable. The trial Judge found that the handling at the terminal and on board the vessel presented little or no opportunity for the contamination to arise since the vessel was of steel construction and wood was not used in connection with storage and loading at the terminal. These two Defendants had rebutted the presumption but the rail carrier had not. However, the claim against the rail carrier was also dismissed as the trial Judge held that the Plaintiff had waived its right to claim for dirty rail cars by having its own employees sweep the cars and, further that the Plaintiff was estopped from claiming for wood contamination from the wood flooring as the Plaintiff had knowingly selected wood-lined rail cars thereby accepting the risk of wood contamination. Arguments as to lack of title to sue and whether the pulp was improperly rejected were also considered and rejected by the trial Judge. The Plaintiff appealed the dismissal as against the rail carrier. On appeal the British Columbia Court of Appeal noted that the starting point was the obligation of a common carrier not to damage goods in its possession and to provide suitable accommodation for the carriage of the particular goods. The application of these common law principles led to the conclusion that the rail carrier was liable unless there was a waiver or estoppel. The Court of Appeal considered and concluded that there was no estoppel or waiver. In reaching this conclusion the Court of Appeal noted that the reason for choosing wood lined rail cars, which was known to the rail carrier, was to minimize condensation damage to the pulp. The Court further noted that the reason the Plaintiff had its own employees sweep the rail cars was to avoid delays in shipping. Given these reasons for the Plaintiff's conduct and the fact that the Plaintiff was not more knowledgeable than the rail carrier about how to ship pulp, the Court found there was no estoppel and no waiver. In result, the Plaintiff's appeal was successful and the rail carrier was found liable.
Elders Grain Company Limited et al. v. The "Ralph Misener" et al., 2005 FCA 139
This matter involved the carriage of a cargo of alfalfa pellets from Thunder Bay to Montreal. During the discharge of the cargo in Montreal a fire broke out damaging the cargo and the carrying ship. The Plaintiffs claimed for the damage to the cargo and the Defendants counter-claimed for the damage to the ship. The Plaintiffs argued that the bills of lading, which were clean, created a prima facie presumption against the Defendants that the cargo was received in good order and condition. The trial Judge, however, held that during the loading the cargo was surrounded by a cloud of dust which made visual inspection difficult and that under these circumstances the presumption did not apply. The trial Judge then turned to the cause of the fire and reviewed the evidence of the various experts and witnesses. He concluded that the evidence overwhelmingly supported the conclusion that spontaneous combustion caused the fire. He next considered whether the alfalfa pellets were a "dangerous cargo" within the meaning of Article IV r. 6 of the Hague Rules. He noted that the word "dangerous" had to be given a broad meaning and concluded with little difficulty that the cargo was indeed dangerous since if not properly stored it could ignite. He further held that there was no evidence the Defendants consented to the shipment of the cargo with knowledge of its dangerous character. The Plaintiffs failed to advise the Defendants of its flammable nature and failed to provide any information to the Defendants with respect to the cargo. In their defence the Plaintiffs argued that pursuant to Art. IV r. 3 of the Hague Rules they could not be liable to the Defendants without proof of an act, fault or neglect. The trial Judge rejected this argument, holding that a shipper's liability for damage caused by dangerous goods was strict both under Art. IV r. 6 and at common law. In result, the Plaintiffs' action was dismissed and the Counterclaim was allowed. The Plaintiffs appealed.
At the Court of Appeal the Court first noted that the standard of review depended on the nature of the questions appealed from. The standard of review for pure questions of law is one of correctness. The standard for questions of fact is whether the trial judge made a palpable and overriding error i.e. "one that gives rise to a reasoned belief that the trial judge must have forgotten, ignored or misconceived the evidence in a way that affected his conclusion". The standard for a mixed question of law and fact is that of "palpable and overriding error unless it is clear that the trial judge made some extricable error in principle with respect of the characterisation of the legal test or its application". Applying these standards of review the Court of Appeal upheld the trial Judge and dismissed the appeal.
Dongnam Oil & Fats Co. v. Chemex Ltd. et al., 2004 FC 1732
This matter concerned damage to a cargo of bleached tallow to be carried from Newark, New Jersey to Inchon, Korea. The cargo was to be carried on board the ship "Tuapse". The "Tuapse" was owned by Novoship but chartered under a head charter to Chemex. The head charter provided for London arbitration. The Plaintiff and Chemex entered into a voyage charter party which again called for London arbitration. The cargo was loaded at Newark and two bills of lading were issued which incorporated the voyage charter party. The cargo was carried on board the "Tuapse" to Nanaimo, British Columbia where it was transhipped to another vessel for carriage to Korea. The cargo was allegedly damaged during the transhipment. The Plaintiff subsequently commenced this proceeding and the Defendants Novoship and Chemex brought applications to stay the proceedings in favour of London arbitration. The Plaintiff argued that s. 46 of the Marine Liability Act applied making the arbitration provisions inapplicable. The Prothonotary disagreed ruling that a transhipment from one vessel to another was not loading or discharging at a Canadian port within the meaning of s. 46(1)(a). The Prothonotary further noted that section 46 should be interpreted strictly since it was a restriction on freedom to contract. The Prothonotary then considered whether the arbitration provisions were incorporated. With respect to the dispute between the Plaintiff and Chemex he found that there was clearly an arbitration provision in the voyage charter and therefore concluded that he had no alternative but to allow the stay. With respect to the dispute between the Plaintiff and Novoship, however, there was no direct contractual relationship between these two and therefore he had to consider the effect of the bills of lading. In this regard he noted that if the bills of lading had specifically referred to the arbitration provision, Novoship would be entitled to a stay. In addition, if the bills of lading incorporated the charter party terms and those terms provided that the arbitration provision applied to disputes under the bill of lading, then Novoship would be entitled to a stay. However, in this case the terms of the voyage charter party did not provide that the arbitration provision applied to disputes under the bill of lading and the bills of lading did not specifically refer to arbitration. Accordingly, Novoship was not entitled to a stay. Two subsidiary issues dealt with in these reasons concerned applications to strike out a claim for a declaration the Plaintiff did not owe dead freight and a claim for wrongful arrest. The claim for a declaration on the dead freight issue was struck on the grounds that the issue had been decided in an arbitration. The claim for wrongful arrest was struck on the grounds the Plaintiff was not the owner or in possession of the cargo at the time it was arrested.
Elders Grain Company Limited et al. v. The "Ralph Misener" et al., 2004 FC 1285
In this matter the Defendant had been successful in its counterclaim and now sought compound interest. The Court referred to the Supreme Court of Canada decision in Bank of America Canada v Mutual Trust Co., [2002] SCR 601, wherein it was held that compound interest will generally be limited to breach of contract cases where the parties agreed, knew or should have known compound interest would apply. Compound interest may also be awarded in other cases but subject to the requirement of proving that damage component. The Court refused the claim for compound interest holding that there had been no agreement and that the Defendant had not proved that damage component.
Asian Exports International v. Zim Israel Navigation Co. Ltd. et al., 2004 FC 225
In this matter the Plaintiff had paid for goods that were shipped from China and was the named consignee on a non-negotiable bill of lading. The vendor however refused to give the Plaintiff the original bill of lading by which to obtain delivery of the goods from the carrier. When the container arrived the Plaintiff commenced suit against the vendor and ocean carrier and arrested the container. The Plaintiff obtained the release of the container by posting a bank guarantee as security. The Plaintiff later brought the present motion to have the security returned. The only party that appeared on the motion was the ocean carrier who requested that the Plaintiff be required to execute a hold harmless agreement as a condition of the order. The Prothonotary declined this request but did provide in the order that any claim by the vendor against the ocean carrier was barred.
Mediterranean Shipping Company SA v. BPB Westroc Inc, 2003 FC 942
This was an action by the Plaintiff carrier to recover freight from the Defendant shipper. The Defendant's defence was that it had paid the freight to its freight forwarder. Unfortunately, the freight forwarder went bankrupt without remitting the payments to the carrier. The Prothonotary reviewed the applicable case law and held that a shipper is liable to a carrier for payment of freight unless it presents clear and unequivocal evidence that the carrier released it from liability. The Prothonotary held that the Defendant had failed to discharge this onus and was therefore liable to the carrier for the freight.
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