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Western Weekly Reports
WESTERN WEEKLY REPORTS Reports of Cases Decided in the Courts of Western Canada and Certain Decisions of the Supreme Court of Canada 2013-VOLUME 12 (Cited [2013] 12 W.W.R.) All cases of value from the courts of Western Canada and appeals therefrom to the Supreme Court of Canada SELECTION EDITOR Walter J. Watson, B.A., LL.B. ASSOCIATE EDITORS (Alberta) E. Mirth, Q.C. (British Columbia) Darrell E. Burns, LL.B., LL.M. (Manitoba) E. Arthur Braid, Q.C. (Saskatchewan) G.L. Gerrand, Q.C. CARSWELL EDITORIAL STAFF Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Audrey Wineberg, B.A.(HONS.), LL.B. Product Development Manager Nicole Ross, B.A., LL.B. Supervisor, Legal Writing Andrea Andrulis, B.A., LL.B., LL.M. (Acting) Supervisor, Legal Writing Andrew Pignataro, B.A.(HONS.) Content Editor WESTERN WEEKLY REPORTS is published 48 times per year. Subscrip- Western Weekly Reports est publi´e 48 fois par ann´ee. L’abonnement est de tion rate $409.00 per bound volume including parts. Indexed: Carswell’s In- 409 $ par volume reli´e incluant les fascicules. Indexation: Index a` la docu- dex to Canadian Legal Literature. mentation juridique au Canada de Carswell. Editorial Offices are also located at the following address: 430 rue St. Pierre, Le bureau de la r´edaction est situ´e a` Montr´eal — 430, rue St. Pierre, Mon- Montr´eal, Qu´ebec, H2Y 2M5. tr´eal, Qu´ebec, H2Y 2M5. ________ ________ © 2013 Thomson Reuters Canada Limited © 2013 Thomson Reuters Canada Limit´ee NOTICE AND DISCLAIMER: All rights reserved. -
Design of a Molecular Support for Cryo-EM Structure Determination
Design of a molecular support for cryo-EM structure determination Thomas G. Martina, Tanmay A. M. Bharata,b, Andreas C. Joergera,c, Xiao-chen Baia, Florian Praetoriusd, Alan R. Fershta, Hendrik Dietzd,1, and Sjors H. W. Scheresa,1 aMedical Research Council Laboratory of Molecular Biology, Cambridge Biomedical Campus, Cambridge CB2 0QH, United Kingdom; bSir William Dunn School of Pathology, University of Oxford, Oxford OX1 3RE, United Kingdom; cGerman Cancer Consortium (DKTK), Institute of Pharmaceutical Chemistry, Johann Wolfgang Goethe University, 60438 Frankfurt am Main, Germany; and dPhysik Department, Walter Schottky Institute, Technische Universität München, 85748 Garching near Munich, Germany Edited by Fred J. Sigworth, Yale University, New Haven, CT, and approved October 13, 2016 (received for review August 2, 2016) Despite the recent rapid progress in cryo-electron microscopy angles are, therefore, determined a posteriori by image-pro- (cryo-EM), there still exist ample opportunities for improvement cessing algorithms that match the experimental projection of in sample preparation. Macromolecular complexes may disassociate every individual particle with projections of a 3D model (7). or adopt nonrandom orientations against the extended air–water However, the projection-matching procedure is ultimately ham- interface that exists for a short time before the sample is frozen. We pered by radiation damage. Because the electrons that are used designed a hollow support structure using 3D DNA origami to pro- for imaging destroy the very structures of interest (see ref. 8 for a tect complexes from the detrimental effects of cryo-EM sample recent review), one needs to limit carefully the number of elec- preparation. For a first proof-of-principle, we concentrated on the trons used for imaging. -
Drb Final Resolution
COLORADO DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATION SECTION 105 DISPUTE REVIEW BOARD Brannan Sand and Gravel Co. v. Colorado Department of Transportation DRB FINAL RESOLUTION BACKGROUND Colorado Project No. STA 0404-044 15821R, “Removing Asphalt Mat on West Colfax Avenue and Replacing with a new Hot Mix Asphalt Overlay”, was awarded to Brannan Sand and Gravel Company on August 11, 2008, for $1,089,047.93. The contract incorporated all Colorado Department of Transportation (CDOT) Standard Specifications and Project Special Conditions, including, Standard Specification 109.06: Standard Specification 109.06 Partial Payments. CDOT will make partial payments to the Contractor once each month as the work progresses, when the Contractor is performing satisfactorily under the Contract. Payments will be based upon progress estimates prepared by the Engineer, of the value of work performed, materials placed in accordance with the Contract, and the value of the materials on hand in accordance with the Contract. Revision of Section 109. In September 2006, CDOT, CCA (Colorado Contractors Associations), and CAPA (Colorado Asphalt Pavement Association) formed a joint Task Force at the request of CAPA to evaluate the need for an asphalt cement cost adjustment specification that would be similar to the Fuel Cost Adjustment that was currently being used by CDOT. The result of the Task Force effort was the revision of Standard Specification 109.06 to include the Asphalt Cement Cost Adjustments Subsection. Subsection 109.06, Revision of Section 109, “Asphalt Cement Cost Adjustment When Asphalt Cement is Included in the Bid Price for HMA”, states: _____________________________________________________________ DRB Final Resolution Brannan Sand & Gravel v. -
When Can I Confirm an Arbitration Award?
When Can I Confirm an Arbitration Award? June 01, 2021 Timeline to Confirm Arbitration Award BST Ohio Corp. v. Wolgang, 2021-Ohio-1785 In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, holding that neither R.C. 2711.09 nor R.C. 2711.13 requires a court to wait three months after an arbitration award is issued before confirming the award. The Bullet Point: In this matter, the Supreme Court of Ohio determined that trial courts need not wait three months before confirming an arbitration award. In making this determination, the Court analyzed the interplay of the timing requirements of R.C. 2711.09 and 2711.13. Under R.C. 2711.09, a party may file an application to confirm an arbitration award with a court of common pleas within one year after the award is issued. Thereafter, the court must grant an order and issue judgment confirming said award unless it has been vacated, modified, or corrected pursuant to R.C. 2711.10 and 2711.11. As compared to said one-year limit to confirm, R.C. 2711.13 mandates that a party seeking to alter the results of arbitration must move to vacate, modify, or correct the award within three months of the award being issued. In this case, the plaintiff applied to the Cuyahoga County Common Pleas Court (the “trial court”) to confirm the arbitration award the same day it was issued. The following day, the defendant filed a petition to vacate or correct the award in the Superior Court of California, County of Los Angeles. -
Hidden Prisons: Twenty-Three-Hour Lockdown Units in New York State Correctional Facilities
Pace Law Review Volume 24 Issue 2 Spring 2004 Prison Reform Revisited: The Unfinished Article 6 Agenda April 2004 Hidden Prisons: Twenty-Three-Hour Lockdown Units in New York State Correctional Facilities Jennifer R. Wynn Alisa Szatrowski Follow this and additional works at: https://digitalcommons.pace.edu/plr Recommended Citation Jennifer R. Wynn and Alisa Szatrowski, Hidden Prisons: Twenty-Three-Hour Lockdown Units in New York State Correctional Facilities, 24 Pace L. Rev. 497 (2004) Available at: https://digitalcommons.pace.edu/plr/vol24/iss2/6 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. The Modern American Penal System Hidden Prisons: Twenty-Three-Hour Lockdown Units in New York State Correctional Facilities* Jennifer R. Wynnt Alisa Szatrowski* I. Introduction There is increasing awareness today of America's grim in- carceration statistics: Over two million citizens are behind bars, more than in any other country in the world.' Nearly seven mil- lion people are under some form of correctional supervision, in- cluding prison, parole or probation, an increase of more than 265% since 1980.2 At the end of 2002, 1 of every 143 Americans 3 was incarcerated in prison or jail. * This article is based on an adaptation of a report entitled Lockdown New York: Disciplinary Confinement in New York State Prisons, first published by the Correctional Association of New York, in October 2003. -
The Effect of Lockdown Policies on International Trade Evidence from Kenya
The effect of lockdown policies on international trade Evidence from Kenya Addisu A. Lashitew Majune K. Socrates GLOBAL WORKING PAPER #148 DECEMBER 2020 The Effect of Lockdown Policies on International Trade: Evidence from Kenya Majune K. Socrates∗ Addisu A. Lashitew†‡ January 20, 2021 Abstract This study analyzes how Kenya’s import and export trade was affected by lockdown policies during the COVID-19 outbreak. Analysis is conducted using a weekly series of product-by-country data for the one-year period from July 1, 2019 to June 30, 2020. Analysis using an event study design shows that the introduction of lockdown measures by trading partners led to a modest increase of exports and a comparatively larger decline of imports. The decline in imports was caused by disruption of sea cargo trade with countries that introduced lockdown measures, which more than compensated for a significant rise in air cargo imports. Difference-in-differences results within the event study framework reveal that food exports and imports increased, while the effect of the lockdown on medical goods was less clear-cut. Overall, we find that the strength of lockdown policies had an asymmetric effect between import and export trade. Keywords: COVID-19; Lockdown; Social Distancing; Imports; Exports; Kenya JEL Codes: F10, F14, L10 ∗School of Economics, University of Nairobi, Kenya. Email: [email protected] †Brookings Institution, 1775 Mass Av., Washington DC, 20036, USA. Email: [email protected] ‡The authors would like to thank Matthew Collin of Brookings Institution for his valuable comments and suggestions on an earlier version of the manuscript. 1 Introduction The COVID-19 pandemic has spawned an unprecedented level of social and economic crisis worldwide. -
Final Resolution and Order Vs
COMMONWEALTH OF PUERTO RICO PUERTO RICO ENERGY COMMISSION MARC BEJARANO CASE NO.: CEPR-RV-2017-0004 PETITIONER SUBJECT: FinAl Resolution And Order vs. AUTORIDAD DE ENERGÍA ELÉCTRICA DE PUERTO RICO RESPONDENT FINAL RESOLUTION AND ORDER I. Brief ProcedurAl BAckground On February 27, 2017, Marc Bejarano (“Petitioner” or “Mr. Bejarano”) filed a petition for bill review before the Puerto Energy Commission (“Commission”) pursuAnt to Article 6.27 of Act 57-20141 and Regulation 8863.2 Mr. Bejarano’s petition relates to a past due charge included in A bill dated October 28, 2016 issued by the Puerto Rico Electric Power Authority (“PREPA”) to Ms. Wendy CArroll PArker. On MArch 17, 2017, PREPA AppeAred before the Commission And requested an extension until April 10, 2017 to reply to Mr. BejArAno’s petition. The Commission grAnted PREPA’s request on MArch 20, 2017. On April 4, 2017, Mr. BejArAno filed A Motion requesting thAt the heAring in this case be conducted in the English language. The Commission grAnted the Petitioner’s request on April 5, 2017, pursuant to Section 1.10 of Regulation 8543.3 On April 10, 2017, PREPA filed A motion requesting the dismissAl of Mr. BejArAno’s petition. On April 19, 2017, the Commission held A hearing to Address: (1) whether it has jurisdiction to consider the dispute of the past due charges contested by the Petitioner; (2) whether there Are grounds to consider the present cAse As A complAint rAther thAn A petition for bill review, given PREPA having allegedly transferred the past due balance to the 1 The Puerto Rico Energy TrAnsformAtion And RELIEF Act, As Amended. -
Fight, Flight Or Lockdown Edited
Fight, Flight or Lockdown: Dorn & Satterly 1 Fight, Flight or Lockdown - Teaching Students and Staff to Attack Active Shooters could Result in Decreased Casualties or Needless Deaths By Michael S. Dorn and Stephen Satterly, Jr., Safe Havens International. Since the Virginia Tech shooting in 2007, there has been considerable interest in an alternative approach to the traditional lockdown for campus shooting situations. These efforts have focused on incidents defined by the United States Department of Education and the United States Secret Service as targeted acts of violence which are also commonly referred to as active shooter situations. This interest has been driven by a variety of factors including: • Incidents where victims were trapped by an active shooter • A lack of lockable doors for many classrooms in institutions of higher learning. • The successful use of distraction techniques by law enforcement and military tactical personnel. • A desire to see if improvements can be made on established approaches. • Learning spaces in many campus buildings that do not offer suitable lockable areas for the number of students and staff normally in the area. We think that the discussion of this topic and these challenges is generally a healthy one. New approaches that involve students and staff being trained to attack active shooters have been developed and have been taught in grades ranging from kindergarten to post secondary level. There are however, concerns about these approaches that have not, thus far, been satisfactorily addressed resulting in a hot debate about these concepts. We feel that caution and further development of these concepts is prudent. Developing trend in active shooter response training The relatively new trend in the area of planning and training for active shooter response for K-20 schools has been implemented in schools. -
Unlocking Campus Lockdown
Episode One: Unlocking Campus Lockdown Tragedy at UCLA This is an excerpt from On July 1, 2016, former doctoral student Mainak Sarkar fatally shot professor William Klug in a fourth floor Unlocked — an ASSA ABLOY office in one of UCLA’s engineering buildings. Sarkar then turned the gun on himself. podcast series on campus security. Unlocked explores UCLA Police was quick to react to the shooting — invoking the Bruin emergency alert notification system the security issues and to the campus community. Thousands of UCLA students raced for cover and barricaded themselves in challenges that colleges classrooms. The campus was put on lockdown. and universities face as they strive to create a While tragic, the UCLA shooting provides an opportunity to look at what went wrong, and what can be safe and secure learning done to make sure all campuses are prepared in the event of an emergency. environment. Visit www.intelligentopenings. com/unlocked to hear more. So What Is Lockdown? Lockdown is a concept that fits in a group of what are called “functional protocols.” There are functional protocols for various types of emergencies. The most basic and commonly known is the evacuation. Lockdown is another. Bart Kartoz from Dynamic Security says that locking down a campus is the act of taking the campus from an open profile — or as open as they are on a normal day — to a more secure profile. This might look different for different organizations. It depends on the level of public safety presence, response time to the area and the type of people who occupy the building. -
The Omega Man Or the Isolation of U.S. Antitrust Law
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2020 The Omega Man or the Isolation of U.S. Antitrust Law Spencer Weber Waller Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: https://lawecommons.luc.edu/facpubs Part of the Antitrust and Trade Regulation Commons Recommended Citation Spencer Weber Waller, The Omega Man or the Isolation of U.S. Antitrust Law, 52 CONN. L. REV. 123 (2020). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. CONNECTICUT LAW REVIEW VOLUME 52 APRIL 2020 NUMBER 1 Article The Omega Man or the Isolation of U.S. Antitrust Law SPENCER WEBER WALLER There is a classic sciencefiction novel andfilm that presenta metaphorfor the isolation of United States antitrust law in the current global context. Richard Mathiesson 's 1954 classic science fiction novel, I am Legend, and the later 1971 film released under the name of The Omega Man starring Charleton Heston, both deal with the fate of Robert Neville, a survivor of a world-wide pandemic who believes he is the last man on Earth. While I am Legend and The Omega Man are obviously works offantasy, it nonetheless has resonancefor contemporaryantitrust debate and discourse. United States antitrust law and policy diverges significantly from the rest of the global antitrust community in important areas of scope, philosophy, doctrine, procedure, remedies, and institutions.Much of this divergence in world view is the product of history and path dependence that is largely unique to the United States experience. -
Transgender Woman 'Raped 2,000 Times' in All-Male Prison
A transgender woman was 'raped 2,000 times' in all-male prison Transgender woman 'raped 2,000 times' in all-male prison 'It was hell on earth, it was as if I died and this was my punishment' Will Worley@willrworley Saturday 17 August 2019 09:16 A transgender woman has spoken of the "hell on earth" she suffered after being raped and abused more than 2,000 times in an all-male prison. The woman, known only by her pseudonym, Mary, was imprisoned for four years after stealing a car. She said the abuse began as soon as she entered Brisbane’s notorious Boggo Road Gaol and that her experience was so horrific that she would “rather die than go to prison ever again”. “You are basically set upon with conversations about being protected in return for sex,” Mary told news.com.au. “They are either trying to manipulate you or threaten you into some sort of sexual contact and then, once you perform the requested threat of sex, you are then an easy target as others want their share of sex with you, which is more like rape than consensual sex. “It makes you feel sick but you have no way of defending yourself.” Mary was transferred a number of times, but said Boggo Road was the most violent - and where she suffered the most abuse. After a failed escape, Mary was designated as ‘high-risk’, meaning she had to serve her sentence as a maximum security prisoner alongside the most violent inmates. “I was flogged and bashed to the point where I knew I had to do it in order to survive, but survival was basically for other prisoners’ pleasure,” she said. -
Resolution No
AC TRANSIT DISTRICT GC Memo No. 08-213 Board of Directors Executive Summary Meeting Date: September 10, 2008 Committees: Planning Committee Finance and Audit Committee External Affairs Committee Operations Committee Rider Complaint Committee Paratransit Committee Board of Directors Financing Corporation SUBJECT: Consider the Adoption of AC Transit Resolution No. 08-055 Authorizing the Execution and Delivery of Various Documents and a Preliminary Official Statement in Connection With the Sale of the Alameda-Contra Costa Transit District Certificates of Participation (Land Acquisition Project) Series 2008a and Certain Other Actions in Connection Therewith and Repealing Resolution No. 08-031 RECOMMENDED ACTION: Information Only Briefing Item Recommended Motion Staff recommends the adoption of Resolution No. 08-055 and authorization to proceed with the sale of tax-exempt Certificates of Participation (COPs) to obtain financing to reimburse the District for its cost of acquiring approximately 8.0 acres of property located on 66th Avenue, in Oakland, CA (the District’s Property) and to finance certain improvements (the Improvements) to the Property. The District previously purchased approximately 16.26 acres of property located at 66th Avenue with its own funds and will be partially reimbursed from the sale of the COPs for those costs, as well as a portion of its acquisition costs and potential improvement costs. Fiscal Impact: Not to exceed $15 million, including reimbursement for a portion of the costs incurred in acquiring the property. BOARD ACTION: Approved as Recommended [ ] Other [ ] Approved with Modification(s) [ ] The above order was passed on: . Linda A. Nemeroff, District Secretary By GC Memo No. 08-213 Meeting Date: September 10, 2008 Page 2 of 4 Background/Discussion: The Special Meeting This is a special joint meeting of the AC Transit Board of Directors and the Finance Corporation Board of Directors.