NHL Hockey
You can see where my priorities are, when this is the first heading.
Somewhere, someone on the planet will figure out that hockey is really boring. The players have simply become too big and too fast for the ice surface. I had thought that the elimination of the centre ice redline for the forward pass would make the game more exciting, which indeed it did, but not noticeably.
When teams play 4 on 4 in overtime, you can see for a brief 5 minute period, how exciting the game really can be. The NHL brass simply are way too conservative and stupid to do any thing so seemingly dramatic and intelligent to save the game.
The shoot out, although interesting to watch, unless you are a Leaf fan, is no way to decide the winner. There is a very simple solution which is to offer a further 5 minute OT 3-3, 2-2 etc.
The thought of another NHL team in the GTA is way too logical to ever happen. There is no issue that the interest in the game would readily support a second team, even if zillions need to be paid to Leafs and perhaps Sabres to allow for invasion of the scared territory.
When Jim Baillsillie, whatever his name is, tried to sell tickets to move the nashville team to hamilton, he sold 10,000 season tickets in one day. Give me a break ! Mind you he was an idiot to do that without approval of the team when he had no deal to buy the team. He should have just BS’d the league to pretend he wanted to keep the team in gopher land and after a few years, move it to somewhere cold and civilized. Too bad he was so honest.
Why are there teams in hockey hotbeds like Phoenix, Nashville & Atlanta but none in Winnipeg or Quebec. Surely it would work in either centre now. I suspect that the brain team of the NHL and I obviously use this term very loosely, was that a national presence would make a national ( read American) TV contract a snap and...guess what...not so much !
I personally cannot stand the fighting and still the apparent need to have a thug in the line-up. It is just idiotic to watch some goon on the ice be met by the opposing goon and off they go, until some one falls over. Its is just crap designed to keep the moron US fans around looking for a car crash.
Don Cherry is an idiot. Great news is that you either love to hate him or just love him. I choose the first option. I am sure Ron McLean just wants to sucker punch the jerk every night. I cannot possibly see how he enjoys being the straight man to that asshole every Saturday night. He must love the travel and hotel rooms.
Does it seem right to anyone that Brian McCabe was earning a zillion dollars putting the puck into his own net, while a brain surgeon, literally, earns in TO, if he is lucky $500,000 - what has happened to our world ? Imagine the Yankees paying C. C. Sabathia $161 million over 7 years and A. J. Burnett yet (87-76 record, 4.27 ERA 2007, often injured) 82.5 million over 5 years - the world has truly gone mad..perhaps the Mayans will be right and the world will end in 2012. Maybe George has that figured out all ready - he just needs to pay for 3 years !
The Florida Panthers took McCabe because of the salary cap, of all things. The way the cap works is that the league averages salary over the life of the contract. if the salary is heavily weighted to the early years, the later years show a notional sum for cap purposes higher than the actual sum paid. In McCabe's case, the numbers were something like, and this could be way off, $6 million notional and $3 million actual, for the later years.
http://www.globesports.com/servlet/story/RTGAM.20080902.wsptleafs_mccabe02/GSStory/GlobeSportsHockey/homeThe league also has, of all things, a minimum payroll, which is, i think, 40 million. As Florida was below the payroll by 6 million, by taking Brian, it received a credit to the cap of 6 million, but only had to pay 3 million. hence they saved 3 mill and got brian for nada. These numbers are notional, but you get the drift.
Before anyone give Mats Sundin a commerative award, as with Wendy Clark last night, we should all stand in line to give him a serious boot in the groin. Here he was last spring, refusing boldy to waive his no-trade term, which is all fine and well if the asshole really wanted to return to the Leafs. Had he agreed to be traded, the leafs would have been in a great spot to trade for a shooter or two. Instead the team gets f-all while he has been jerking around deciding what to do. Guess what sports fans - he is not coming back to TO and leafs got screw all...thanks mats, you jerknoid.
This now seems to be confirmed by rumours ( December 15, 2008) that Matty baby will sign with New York or Vancouver - break a leg, matty ! Just to update this nonsense, Matt the rat signed with the Canucks on December 19, 2008.
The Canadian Election
There was a rumour somewhere that we had a federal election recently. News to me. One night there was a choice between the US candidates for presidency and apparently some kind of Canadian debate. One side is choosing the leader of the western world and the other is like a high school election, except duller.
Yesterday there was a photo in the Globe of the two Canadian politicians, Tony clement and some other goof, kicking around Washington to try to get into the debate on the funding of the auto industry. They could not get a meeting with anyone of any substance, and were maybe in line to speak in the washroom to some senator’s assistant from houston. what a joke.
Religion
As far as I can see, religions typically have 3 components - (1) a belief in a superior being of some sort (2) a moral code which is not much different (3) and once you join, you are going to have to do something which will inflict pain on you.
Churches in my limited experience are missing the mark - the service is just too boring. Why must we listen to hymns from the 17th century in iambic pentametre, which sound like a funeral march. I liked the movie with what’s her face, Woopie Goldberg, was it, Sister Act, when she had the nuns singing rhythm and blues music - great idea.
http://www.imdb.com/title/tt0105417/I am told that the baptists shake it up but I have yet to brave myself to actually get in there.
There are tons of spiritual people who, like me, cannot stand the deadly boring atmosphere in the institutional church - do they not get it ? Organized church needs a marketing campaign to redo its image and delivery. The place would be packed every day and twice on Sundays.
I really do not get people quoting the bible like it was manna from heaven. It was written at a time when the population was illiterate and needed some parables to learn by. It served its purpose well, but let’s get real about the ark, the wine and fishes and that nonsense.
On the other hand, I very much like the idea of the force be with you and that God is within all of us. There is a huge modern acceptance of life after death, the spirit lives on and a belief in a higher force, perhaps not in a long white gown and beard, but you get the idea.
The Bill Maher movie, I have yet to see, so I will save my comments once done.
http://www.cinematical.com/2008/06/05/bill-maher-unleashes-anti-religion-website-to-promote-religulou/US Politics
Will W go down in history as the stupidest president ever ? He surely has no real competition that could be anywhere close. How could he cause such a mess like Iraq ? I read a book written by a shrink called George W on the couch and the shrink makes the point that george w was trying to outdo daddy as daddy was smart enough not to invade iraq, although he clearly sucked them in to invading Kuwait. George I issued press releases that the US had no interest in middle easters policits when saddam was lining up his troops on the kuwaiti borders...all so he could use his new war toys.
Somehow it does not seem right that Kennedy and Kennedy and King are shot and this idiot manages to dodge bullets for 8 years.
The fact that Al Gore actually won the popular vote in 2000 by 500,000 votes should have created a lot more shouting and screaming that seems to have happened. With or without Florida’s hanging chads, Al should have been elected. The electoral college system is a joke and needs to be eliminated. When the US Supreme court decided the 2000 election, each judge voted with the party that had appointed him/her. Curious, yes ?
http://en.wikipedia.org/wiki/United_States_presidential_election,_2000Now that Barack has committed to getting out of Iraq in 16 months, after that there will be a civil war, sunni against whomever, more blood and dead bodies, heads of people in orange jump suits being cut off everywhere and then guess what, another dictator, Saddam II. Good going, george, you complete asshole. Too bad the shoes missed you.
There is no way that the US automakers should get more federal funding. I say let them swing. After they re-organize and get rid of the debt and in particular the health and medical pensioner obligations, something will survive.
http://www.theglobeandmail.com/servlet/story/RTGAM.20081212.wrcoverberman1213/BNStory/BusinessThere is a great article in the Globe today ( Nov 24, 2008) written by Eric Reguly showing how the big 3 manipulated minimum gas mileage requirements by classifying SUV's as light trucks.
http://www.theglobeandmail.com/servlet/story/LAC.20081124.IBREGULY24//TPStory/BusinessToyota and Honda, both of whom have significant capital investments in the NA economy are not asking for 5 cents (yet). what is wrong with this picture ?
Toyota's North American market share went from 7.5% in 1990 to 16% in 2007. In the same timer period, GM went from 35% to 24%. Total worldwide sales of each was approximately in 2007 at about 9.37 million units. Toyota earned a profit of $17.1 billion, while GM took a loss of 38.7 billion. Toyota predicts a decline in profit in 2008 to 6 billion.
http://www.theglobeandmail.com/servlet/story/RTGAM.20081212.wrcoverberman1213/BNStory/BusinessThere you go - so why would any sane person reward this effort ? is there really any realistic hope that this is nothing but a bandaid solution ? All three will be back begging for more 3 years from now. Why not let them re-organize, kick out some debt, such as the pensioner's legacy health and medical costs and start over again ?
Funny and Zany and Scary things in court
About 25 years ago, I acted for a particularly annoying client. He was suing a middle eastern company for wrongful dismissal. The company defended the case quite vigorously. The case had advanced to the cross examination of my client just prior to the weekend break for Thanksgiving. It was late on friday when the judge, Justice O'Brien, a very well respected jurist, called the two lawyers into his private office.
"Counsel, he said to me, I was a trial lawyer for 25 years, I have been a trial judge for 15 years, and your witness is the most unreliable witness I have ever listened to in my life. I have no idea what the settlement discussions have been to date, but I implore you to accept whatever money is on the table."
Prior to trial, the company had offered something like $35,000 on a claim where complete success was around $175,000. All offers were technically off the table once the trial had started. The employer counsel, a fine gentleman, Jan Weir, had offered to reinstate the offer if it meant a deal.
I approached my client, who began ranting at me at what nonsense was coming from the judge, never even considering it would be the same man who would decide his fate. I can still imagine the steam spouting from his pores. He was a detestable ugly person. Needless to say, he refused to consider settlement.
It was a particulary stressful long weekend, known perhaps only to the genus of trial lawyers with nasty clients, likely all of us.
Tuesday morning the employer called its first and its principal witness, Grant Lewington. Jan Weir had invited his wife and children to court that day to watch a trial in action, no doubt in the apparent belief it was much better for family members to see him in action as the captain of a racing yacht well ahead in the race headed for the finish line.
As I was in the middle of my cross examination, I could not help to think the boat was changing direction. As it had happened, previously unknown to me, it became apparent that Grant was no longer employed with the company defending the case and his sympathies appeared to shift from his prior evidence before trial.
At the end of this day, Justice O'Brien called the lawyers back once more to his office.
"Counsel, he said to me, I was a trial lawyer for 25 years, I have been a trial judge for 15 years, your witness is the second most unreliable witness I have ever heard in my life."
I could not believe it. Judgment followed for the plaintiff for the full value of the claim. My client won his case. He won $175,000 and costs of $25,000. I billed him $35,000 and he taxed my bill !
Cross Examination of Justice Farley
In 1984 I acted for a client, Russ Gardner who sued a Russian trading company, Stan-Canada, resulting from his termination. Russ had an employment contract with, if my memory serves me correctly, about 3 to 4 years to run. The claim value was $472,000.
Russ had alleged he was constructively dismissed due to the actions of the employer in changing the terms of his employment.
The company's chief witness and I believe, chairman, was Jim Farley, then also a lawyer in private practice. Jim Farley's father was the founder of the Communist Party in Canada. The Russians had likely believed that his son had shared the same political sympathies, which was entirely incorrect, of course. Farley's firm acted for many Soviet bloc interests in Canada.
Farley was a bright man. He was an Oxford scholar. He had run unsuccessfully for the PC's in the Burlington Oakville area in, I believe, 2 federal election campaigns.
It was also a long drawn out hard fought trial. The critical point was my cross examination of Farley, which took at least one and a half days. The trial judge, Madam Justice Bell Oyen had reserved her decision. A few months later, it was released, finding in my client's favour, and noteably, was very critical of Farley's evidence. He was not called a liar, but there was evident doubt placed in his reliability as a witness under oath.
Incredibly, virtually simulateneously with the release of the decision, Farley became Mr. Justice Farley of the Supreme Court of Ontario. He went on to become a well respected judge of the Commercial Court primarily and was successful in managing many complicated commercial cases, particularly in CCAA insolvency cases.
I did not appear before him as counsel. I had expected that he would recuse himself, if requested. I did attend before him on one case in a settlement conference. He was quite honourable and I am certain our prior conflict had no bearing on his views.
The Shromani Sikh Society
When i was a very and I mean very young lawyer, I acted for a group of Shromani Sikhs, a religious group in Toronto. there was a division of interests in the temple. My clients had protested the recent elections by which the new management group had been put in charge of the temple and had claimed they were abused by the new group in power.
They showed up in my office one Friday morning at 900 am. I canceled my busy day, which consisted of a review of my toe nail cuttings and cleaning the bathroom grout. I prepared realms of affidavits, commandeered every secretary ( read 3) in the office to type all the documents, the claim and the motion material, reviewed all relevant law for an ex parte ( without notice, emergency ) injunction which took all my energy and focus all day. At about 4:45 pm, all the paper work had been amended, the last of the upteen revisions completed.
I ran over to Osgoode Hall to see if I could find a judge to hear the application. All the motion courts were done for the day. I looked into the judges' administration office to see if any judges were still in their office. A registar said all were gone, but she had thought she had seen a judge entering the parking lot in the underground garage reserved for the judges. I managed to see Justice Goodman entering his car. He reviewed the materials and agreed to issue the injunction while we were sitting in the front seat of his car.
The documents still needed to be served. Our process server failed to show up after being called all day. Stupidly I drove to the temple location on Pape Avenue in the east end of Toronto. I asked to the major domo when i arrived. Unbelievably i was ushered into a room of some modest proportions. However, there he say lying on a couch being fanned ( it was mid August in Toronto humidity) by three young females dressed in silks. I served the papers which in essence held the management of the temple in abeyance for a period of 10 days.
Needless to say I was exhausted. it was now 7:30 pm. Somewhere in my memory, I recalled a time to meet my wife for dinner. i arrived 20 minutes late. She ranted at me for being late ( prior to cell phones, text and email ) and tore me up one side and down the other. I was too tired to mount a defence and slipped into an abyss of "she could never understand what happened to me today'. the marriage ended shortly after this.
Regrettably this same issue was litigated once again roughly 10 years later. i could never determine which side Oscar Fonseca acted for - my side or the other. he was tragically fatally shot at Osgoode Hall arguing the same case. I was incredibly fortunate that my stupidity did not result in the same fate the day I served the papers.
Typo
I brought a similar application for an emergency injunction some years later. I was seeking an order to stop certain management people from competing against their past employer by stealing customer lists and the like.
The judge hearing the request was newly appointed, Justice Robert Montgomery. He had practised defence personal injury litigation, an area in which injunctions are not part and parcel of every day life. He had granted the injunction and wrote on the court order an amendment in which he had made reference to this "ex party" injunction. The correct Latin term is actually "ex parte" which means without notice to the other party. I had noticed the error but was too overjoyed in getting the order to ask him to correct it.
The ex parte order is good only for 7 days to allow the other side to come to court and present its evidence to try to set aside the order while the plaintiff seeks its continuance.
The case came on in 7 days before Justice Robert Reid. Justice Reid is a very careful thoughtful intelligent and perhaps demanding intemperate man. The motion came before him in Osgoode Hall. The court room was full that day of lawyers waiting to argue their similar motions, likely 30 in total. The room was packed.
My case was up first. "Counsel", Justice Reid, said to me sternly, peering intently over his glasses, his brow furrowed, "please tell me whose writing it is on this document referring to the ex parte ( he raised his voice on this last syllable of this word ) order."
I thought that this was no time to embarrass Justice Montgomery and in the process the judge before me. "My Lord, ( as was the etiquette at the time ), perhaps I might address this issue to you privately in chambers," I said as I was hoping he would get the rather not so subtle hint.
Justice Reid's face reddened and he raised his voice rather demonstrably to say " I demand you tell me now". My stattaco response came back, "Mr. Justice Montgomery".
The entire court room of earnest lawyers burst into laughter and Justice Reid's head lay firmly on the desk before him. What a disaster.
I am not sure if my motion that day was dismissed and the injunction dissolved because of this, but it certainly was not a step in my favour !
More to come
