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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. -
MHP and DMC-ODS Beneficiary Policy Number: 3224 Grievance and Appeal Process
SANTA CRUZ COUNTY Behavioral Health Services POLICIES AND PROCEDURE MANUAL Subject: MHP and DMC-ODS Beneficiary Policy Number: 3224 Grievance and Appeal Process 9 Date Effective: 4/26/2021 Pages: 7 Prior Version: 12/01/2020 Responsible for Updating: Quality Improvement Staff Approval: ___________________________ __________________________ Behavioral Health Director Date BACKGROUND: Santa Cruz County Behavioral Health Services [Mental Health Plan (MHP) and Drug Medi-Cal Organized Delivery System (DMC-ODS)] is committed to respecting and protecting a person’s right to express service dissatisfaction, and to reviewing each notification as a means to support quality behavioral health care. We adhere to federal and state requirements for processing beneficiary grievances and appeals. SCOPE: Providers who render MHP and/or DMC-ODS Network services shall adhere to this policy to ensure beneficiaries are informed of their grievance and appeal rights and have access to methods for filing a grievance and appeal with County Quality Improvement. PURPOSES: To provide beneficiaries and providers with clear, viable procedures for the resolution of grievances and appeals. POLICY: Santa Cruz County Behavioral Health Services shall provide all Medi-Cal beneficiaries with information, in both English and Spanish, regarding grievance and appeal procedures. Beneficiaries shall have access to these grievance and appeal procedures in accordance with state and federal mandates, as described in this policy. Information regarding the process for filing grievances and appeals is available as brochure forms, and also in the Mental Health Plan (MHP) Beneficiary Handbook for Specialty Mental Health Services and the Drug Medi-Cal Organized Delivery System (DMC-ODS) Beneficiary Handbook. 3224: Grievance and Appeal Process (MHP & DMC) 1 DEFINITIONS: 1. -
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. -
Tuesday, March 14, 2006
3/14/06 - Tuesday, March 14, 2006 EAU CLAIRE CITY COUNCIL AGENDA TUESDAY, MARCH 14, 2006 CITY HALL COUNCIL CHAMBER, 4:00 P.M. PLEDGE OF ALLEGIANCE AND ROLL CALL CONSENT AGENDA The following matters may be acted upon by the City Council utilizing a single vote. Individual items, which any member wishes to address in greater detail or as a separate item on the regular agenda, may be removed from the Consent Agenda upon the request of any Council Member. COMMENDATIONS AND PROCLAMATIONS 1. Consideration of Commendations and Proclamations. MINUTES 2. Resolution approving Minutes of Regular Meeting of February 28, 2006. LICENSES 3. Resolution granting bartender licenses. GRANT APPLICATIONS 4. Resolution authorizing the Police Department to apply for a 2006 Bulletproof Vest Program Grant from the Wisconsin Bureau of Justice Assistance. 5. Resolution authorizing the Police Department to apply for a Pedestrian Safety Enforcement Project Grant through the Wisconsin Department of Transportation Bureau of Transportation Safety. 6. Resolution authorizing the Police Department to apply for a Click It or Ticket Mobilization Grant through the Wisconsin Department of Transportation, Bureau of Transportation Safety. 7. Resolution authorizing the Fire Department to apply for FIRE Act monies from the Department of Homeland Security to purchase water rescue equipment. TREE REMOVAL 8. Final Resolution granting petition and waivers for tree removal at five locations beginning with 1616 Rust Street, Parcel No. 03-0405. PRELIMINARY RESOLUTION - STREET, UTILITY & SIDEWALK IMPROVEMENTS 9. Preliminary Resolution declaring the City's intention to exercise its special assessment powers under Section 66.0703, Wisconsin Statutes, for street improvements on Truax Boulevard, N. -
Official Proceedings of the Meetings of the Board Of
OFFICIAL PROCEEDINGS OF THE MEETINGS OF THE BOARD OF SUPERVISORS OF PORTAGE COUNTY, WISCONSIN January 18, 2005 February 15, 2005 March 15, 2005 April 19, 2005 May 17, 2005 June 29, 2005 July 19, 2005 August 16,2005 September 21,2005 October 18, 2005 November 8, 2005 December 20, 2005 O. Philip Idsvoog, Chair Richard Purcell, First Vice-Chair Dwight Stevens, Second Vice-Chair Roger Wrycza, County Clerk ATTACHED IS THE PORTAGE COUNTY BOARD PROCEEDINGS FOR 2005 WHICH INCLUDE MINUTES AND RESOLUTIONS ATTACHMENTS THAT ARE LISTED FOR RESOLUTIONS ARE AVAILABLE AT THE COUNTY CLERK’S OFFICE RESOLUTION NO RESOLUTION TITLE JANUARY 18, 2005 77-2004-2006 ZONING ORDINANCE MAP AMENDMENT, CRUEGER PROPERTY 78-2004-2006 ZONING ORDINANCE MAP AMENDMENT, TURNER PROPERTY 79-2004-2006 HEALTH AND HUMAN SERVICES NEW POSITION REQUEST FOR 2005-NON TAX LEVY FUNDED-PUBLIC HEALTH PLANNER (ADDITIONAL 20 HOURS/WEEK) 80-2004-2006 DIRECT LEGISLATION REFERENDUM ON CREATING THE OFFICE OF COUNTY EXECUTIVE 81-2004-2006 ADVISORY REFERENDUM QUESTIONS DEALING WITH FULL STATE FUNDING FOR MANDATED STATE PROGRAMS REQUESTED BY WISCONSIN COUNTIES ASSOCIATION 82-2004-2006 SUBCOMMITTEE TO REVIEW AMBULANCE SERVICE AMENDED AGREEMENT ISSUES 83-2004-2006 MANAGEMENT REVIEW PROCESS TO IDENTIFY THE FUTURE DIRECTION TECHNICAL FOR THE MANAGEMENT AND SUPERVISION OF PORTAGE COUNTY AMENDMENT GOVERNMENT 84-2004-2006 FINAL RESOLUTION FEBRUARY 15, 2005 85-2004-2006 ZONING ORDINANCE MAP AMENDMENT, WANTA PROPERTY 86-2004-2006 AUTHORIZING, APPROVING AND RATIFYING A SETTLEMENT AGREEMENT INCLUDING GROUND -
(SED) Office of Management Services (OMS) Rate Setting Unit (RSU) Albany, New York 12234
The University of the State of New York The State Education Department (SED) Office of Management Services (OMS) Rate Setting Unit (RSU) Albany, New York 12234 Reimbursable Cost Manual for Programs Receiving Funding Under Article 81 and Article 89 of the Education Law to Educate Students with Disabilities This Manual Applies to the July 2006 to June 2007 Tuition Rates and Defines Reimbursable Costs for the July 2006 to June 2007 Period. July 2006 Edition TABLE OF CONTENTS Introduction 3 I. Cost Principles 4 II. General Requirements and Definitions Record Keeping 38 Accounting Requirements 41 . Definitions 43 III. Tuition Rate-Setting Methodology Tuition Rate-Setting Methodology for Tuition Rates 50 Tuition Rate Adjustments 50 Close-Down Policy and Procedures 51 IV. Index 53 V. Appendices 55 A-1. Categorization of Expenditures 56 A-2. Categorization of Revenues 58 B. Purchasing Consortia 59 C. Travel Guidelines 60 D. Guidelines for Development, Review and Approval 61 of Capital Projects for Students with Disabilities E. Statement on the Governance Role of a Trustee or Board Member 66 VI. Topic Appendices A. Select Regulations of the Commissioner of Education 72 B. Best Practices for Boards to Follow 72 C. Top Ten Warning Signs for Boards 73 D. Links to Web Sites 76 E. Contact Offices in SED by Type of Institution 77 INTRODUCTION THIS JULY 2006 REIMBURSABLE COST MANUAL DEFINES REIMBURSABLE COSTS FOR THE JULY 2006-JUNE 2007 SCHOOL YEAR. IT APPLIES TO THE 2006-07 PROSPECTIVE TUITION RATES AND THE - 2006-2007 RECONCILIATION ADJUSTMENT FACTORS AND RECONCILIATION RATES, AND FINAL AUDIT RATES BASED ON - 2006-2007 ACTUAL DATA. -
93689NCJRS.Pdf
If you have issues viewing or accessing this file contact us at NCJRS.gov. "/ ; / ! ~-" ""-"+I .I / q- I" / , ." • . ." ! :.. • • " ° J . ' I -.. I ........ , -+ ........ !+ +! ,i °" I+ t PB83-228858 ° '+ii Malpractice Arbitration ,I Comparative Case Studies t~ American Arbitration Association, New York -! • . Frepared for National Center for Health Serviues Research Rockville, MD Nov 81 % a ~-~mt of Ct,~m~ce j • •, -'., / ", i ,- I : ~: .. .I " ' l .. I . , -'-,,,:/__ • " .. , I : - ,- ..... I "\ ~" - ,~ -°~-'" . - " . , =7. "" "' " ° - "T -,~ -.,+-~ . 2_ - -" -~ - "" :'.'-~~-oi~e=~ "--. .'-'k.5 - "':'; :,~, ", ",'-~--~'- . - - ,:-_ . " '- --'L ;-~- " - :: -:- ": ." ;:';::= ;'- . ._.. .... , < ;7<--: '- ...... , ........ ... ,. _ : _ ... ,,. ; . -_~- .:: .:_:, [ .. ~ ~. "" ? "--~ : " "" ":--- i~- - " " ' "- " ~- ~-- .I . ~ "" _ • . ....... .--. .: . - ..• ~-,- -. - ., -- ...==--.-~ ." o ;- _- . -- .=-..,- . " o -' .... ";, :, '-- " ..... - .... "- ,',:.,--: - :.. -.'.'_.:~7 "=''~;c , . " . - . L:!7 . "-:.s- . ,~ ~ _o..,~.-,.." -.., ""- . •.f . _ . ~ .... -. _ . .= o . ~ -: -'= . ~ . - _ . .- ~'.." : - . ~ • . ,'~: . .- o,. ~ _. .° . - " . .-.." . o-" . ." .- . , ,.o.-.- ;~.-~ -. ,.= ~ . .- --- ... :_- ...... ..... " ;~=',= <, . :. ~'- . .'.-, . -. , , ...... ,, ,.; . - - " - "- - "- "--- " "'-- ~ " - " " . " " . -: L"--" . " _: : - -.,N~ "'~'~ - ~,~ - ~,r~'? -.. ,-': . ' .;'3"-':-2." " - " . ". " -"'L.'-. -- ~ -: :" -~: "'. _ .. " ~'-'- "" -'- : -.~'"~''- -'-" F+'°~. ';." ''~:'"--:- :'~" ...... ":'-'-, ~ -~-'" " " - -" -' - - ' '-- ::'~" -
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. -
26 CFR Ch. I (4–1–20 Edition)
§ 301.6511(a)–1 26 CFR Ch. I (4–1–20 Edition) otherwise expire with respect to Corporation (5) Computation of 60-day period when P’s 2007 return), a court proceeding is last day of assessment period falls on a brought to enforce the designated summons weekend or holiday. For purposes of issued to Corporation P. On June 6, 2011, the paragraph (c)(1)(ii) of this section, in court orders Corporation P to comply with the designated summons. Corporation P does determining whether a designated sum- not appeal the court’s order. On September 6, mons has been issued at least 60 days 2011, agents for Corporation P deliver mate- before the date on which the period of rial that they state are the records requested limitations on assessment prescribed in by the designated summons. On October 13, section 6501 expires, the provisions of 2011, a final resolution to Corporation P’s re- section 7503 apply when the last day of sponse to the designated summons occurs the assessment period falls on a Satur- when it is determined that Corporation P day, Sunday, or legal holiday. has fully complied with the court’s order. (e) Effective/applicability date. This The suspension period applicable with re- spect to the designated summons issued to section is applicable on July 31, 2009. Corporation P consists of the judicial en- [T.D. 9455, 74 FR 38097, July 31, 2009] forcement period (March 3, 2011, through Oc- tober 13, 2011) and an additional 120-day pe- LIMITATIONS ON CREDIT OR REFUND riod under section 6503(j)(1)(B), because the court required Corporation P to comply with § 301.6511(a)–1 Period of limitation on the designated summons.