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Ungovernable Minors! Dropping the suits like they are hot!

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 Ungovernable Minors! Dropping the suits like they are hot! 

n the recent decision of Azzeh v Legendre, 2017 ONCA 385, the Ontario Court of Appeal canvassed the law relating to limitation and notice periods in the context of claims initiated by minor plaintiffs.

This case arose from a motor vehicle accident on September 7, 2007 in the City of Greater Sudbury (the "City") in which the infant plaintiff, Bayden Azzeh ("Bayden"), suffered brain injuries. At the time of the accident, Bayden's mother, Julia Neville ("Ms. Neville"), was driving the vehicle in which Bayden was a passenger.

In June 2014, Ms. Neville commenced an action, on behalf of Bayden, against the driver and owner of the other vehicle involved in the collision. On May 29, 2015, Bayden's grandmother, Ingrid Nancy Dion ("Ms. Dion"), swore an affidavit to officially act as Bayden's litigation guardian. Two days later, Ms. Dion notified the City of a potential claim in relation to the accident. A motion was subsequently brought to amend the Statement of Claim to add various parties, including the City, as defendants to the action and to increase the amount of damages sought.

The City opposed the motion on the basis that the claim against it was statute-barred. It was the City's position that the two-year limitation period under the Limitations Act, 2002 began in April 2008 when Ms. Neville entered into a contingency fee agreement with her lawyer, which included a statement that it was "for both mother and son from the same accident". In the alternative, the City argued that the limitation period began in 2011 when Ms. Neville submitted an application for accident benefits for Bayden, which she signed as Bayden's "guardian". It was argued that, either way, the limitation period had expired. The City also opposed the motion on the basis that it did not receive notice of Bayden's claim within 10 days of the accident, as required under the Municipal Act, 2001.

The motion judge rejected the City's arguments and held that the limitation period began to run in June 2014, at the earliest, when the Statement of Claim was issued on behalf of Bayden. Since the motion was brought within two years of the commencement of the limitation period, the motion judge found that the claim against the City was not statute-barred. The motion judge further held that 10-day notice period began on May 29, 2015 when Ms. Dion was granted authority to act in the action. Because Ms. Dion notified the City of the claim two days after her appointment, the notice requirement was also met. Moreover, even if the notice period had expired, Ms. Neville had a "reasonable excuse" as Bayden was a minor.

The City appealed the decision to the Ontario Court of Appeal. The majority held that, where the person with a claim is a minor, the two-year limitation period under the Limitations Act, 2002 begins to run when the minor is "represented by a litigation guardian in relation to the claim". Thus, the majority agreed with the motion judge that the limitation period began to run in June 2014 when Ms. Neville “held herself out” as Bayden's litigation guardian "in relation to the claim". As a result, the Court of Appeal upheld the decision that the claim against the City was not statute-barred under the Limitations Act, 2002. The Court further noted that Ms. Neville's failure to file an affidavit to officially act as a litigation guardian did not suspend the running of the limitation period, but rather, resulted in an "irregularity".

However, with respect to the City's notice period argument, the majority held that the 10-day notice period under the Municipal Act, 2001 began to run in June 2014 when Ms. Neville commenced the claim on Bayden's behalf. At that point, Ms. Neville had retained a lawyer to pursue claims on Bayden's behalf and the Court found that she was "capable of forming the intention" to sue the City. Despite this, notice was not provided to the City until May 2015, almost one year later. The Court of Appeal noted that under section 44(12) of the Municipal Act , 2001, failure to give notice is not a bar to an action when the claimant has a reasonable excuse for failing to comply with the notice provision and the City is not prejudiced by the delay. In reviewing the evidence, the Court found that the only explanation for the late notice was Ms. Neville's evidence that no steps were taken to sue to City as "this never came up". The Court held that this did not constitute a “reasonable excuse” for the delay. Consequently, because the notice to the City was out of time and there was no reasonable excuse for the delay, the Court determined that it was not "strictly necessary" to deal with the issue of prejudice for the purpose of disposing of the appeal.

Nonetheless, the Court went on to make "some limited comments with a view to providing guidance" on the prejudice issue. The City argued that the late notice prejudiced its ability to defend itself as it destroyed its maintenance records due to the passage of time. This argument was rejected by the motion judge on the basis that the claim against the City related to road design issues and the City had not destroyed its road design records. The Court of Appeal disagreed with the motion judge and found that the claim against the City included allegations about adequate signage and lighting, which are considered maintenance and repair issues. However, as the signage and lighting at the intersection had not changed since the accident, there was no prejudice to the City.

The Court ultimately determined that it was unnecessary to resolve the issue of prejudice, the order of the motion judge was set aside, and the proposed claim against the City was dismissed.

 

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 #Ungovernable Lesson of the Day: Move quickly when you are suing the City for some free cash!  

 

#UNGOVERNABLE: ESCAPE YOUR OPPRESSED STATE 

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Ungovernable Rich Piana! Fighting for his life!

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 Ungovernable Rich Piana! Fighting for his life! 

Pro bodybuilder Rich Piana was reportedly placed into a medically induced coma this week

 

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Girlfriend Chanel thanked the bodybuilder’s fans on Instagram and asked for “positive thoughts, prayers and love.”

She posted on Saturday: “I just want to be clear Rich Piana is still alive.

“All myself and his family are asking for is positive thoughts, prayers, and love.

“Please i’m begging you all to have some respect and realise how extremely difficult this is for us.

 

 #Ungovernable Lesson of the Day: Lay low with the roids and #stay strapped with the Adderall! 

 

 

#UNGOVERNABLE: ESCAPE YOUR OPPRESSED STATE 

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Ungovernable Ric Flair: WOooooooooooooooooo

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 Ungovernable Ric Flair: WOooooooooooooooooo

Two-time WWE Hall of Famer Ric Flair is resting after undergoing surgery Monday, according to a statement by his representatives.

Melinda Morris Zanoni, CEO of Legacy Talent and Entertainment, which represents Flair, tweeted that the procedure was not heart-related.

Flair was hospitalized and admitted to an intensive care unit over the weekend. After initially downplaying the seriousness of the issue, Zanoni tweeted a plea for public support.

As first reported by Pro Wrestling Sheet, Flair was hospitalized Saturday morning, with Zanoni initially reporting the situation involved "routine monitoring." PW Insider's Mike Johnson reported that Flair is hospitalized near his home in Atlanta.

Flair, 68, has spent the past five decades in professional wrestling with a reputation as one of the most charismatic personalities in the history of that business. His popularity and personality have transcended into professional sports on many occasions, with athletes recreating some of his most famous wrestling promos and Flair often called on to serve as a motivational speaker.

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 #Ungovernable Lesson of the Day: Aint nothing fake about the funk in his #trunk

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#UNGOVERNABLE: ESCAPE YOUR OPPRESSED STATE 

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Ungovernable Hustling Remix

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 Ungovernable Hustling Remix

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 Every day I'm hustlin'
Every day I'm hustlin'
Every day I'm hustlin'
Every day I'm hustlin'
Every day I'm hustlin'
Every day I'm hustlin'
Every day I'm, every day I'm
Every day I'm hustlin'
Hustle real hard
Hustle, hustle real hard
Hustle real hard
Hustle, hustle real hard
Hustlin', hustlin', hustle
Hustlin', hustlin', hustle
Every day I'm, every day I'm
Every day I'm hustlin'

[Verse 1: Jay-Z]
Hold up
Who you haters think you talkin' to, I'm the fuckin' boss
White on white, G4, hater get lost
I'm in the air I don't hear niggas corny raps
Ya nigga Hov is back, that nigga Hov is back
I got a honey bun, no not a chick
I got a honey bun, millions nigga I got couple hundred them

Ninety-nine problems prick, don't become the hundredth one
'Less you got a hundred lives murder bout a hundred, uh
We don't resort to violence, we on resorts and islands
With linen shorts and shades, 'case they thought you was lyin'
My Louis slippers, Polo top

Linen shorts so my balls don't get hot, ha ha
Yeah I balls a lot, now I owns the team
Ricky Ross, Young Jeezy we owns the scene
Stop playin' with me lames y'all not my equal
It ain't no coincidence that my age is a kilo
Which means that I'm pordo, which means that I'm gordo
Which means that I use a G4, like an auto
I'm a walkin' memorial
I'm legendary for whippin' whippin' that raw
So nigga just let that chorus go

 

 #Ungovernable Lesson of the Day

 

 

#UNGOVERNABLE: ESCAPE YOUR OPPRESSED STATE 

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Ungovernable Driving by Woods: Asleep at the Wheel

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 Ungovernable Driving by Woods: Asleep at the Wheel 

Tiger Woods had Vicodin, Dilaudid, Xanax, Ambien and THC (tetrahydrocannabinol) in his system when he was arrested on suspicion of driving under the influence in May, according to a toxicology report released Monday.

On Wednesday, Woods pleaded guilty to reckless driving and agreed to enter a diversion program that will allow him to have his record wiped clean if he completes the program. Now that there is no longer an active criminal investigation, the Palm Beach County Sheriff's Office made the toxicology results available, and a copy was obtained by ESPN.

According to the report, the drugs in Woods' system were:

  • Hydrocodone, the generic form of a painkiller branded as Vicodin.

  • Hydromorphone, a strong painkiller commonly known as Dilaudid.

  • Alprazolam, a mood and sleep drug commonly known as Xanax. (The report also listed Alpha-Hydroxy Alprazolam, which is what Xanax becomes when it breaks down in the system.)

  • Zolpidem, a sleep drug commonly known as Ambien.

  • Delta-9 carboxy THC, the active ingredient in marijuana.

It is not known if Woods had prescriptions for all of the medications. Medical marijuana is legal in Florida.

After the arrest, in the early hours of May 29, Woods checked into a clinic in June to get help dealing with prescription drugs, and announced last month that he had completed treatment.

"As I previously said, I received professional help to manage my medications," Woods said Monday in a statement released through a spokesman. "Recently, I had been trying on my own to treat my back pain and a sleep disorder, including insomnia, but I realize now it was a mistake to do this without medical assistance. I am continuing to work with my doctors, and they feel I've made significant progress. I remain grateful for the amazing support that I continue to receive and for the family and friends that are assisting me."

Woods, who fell asleep at the wheel and was observed by police with his car pulled over on a road near his home in Jupiter, Florida, failed multiple field sobriety tests but also blew a 0.00 on a breathalyzer after being taken into custody.

Woods didn't know where he was when asked by officers, and he stumbled and swayed through a field sobriety test, police dashboard camera video showed. Woods told officers he was taking Vicodin and Xanax to cope with his fourth back surgery in April.

He has had four surgeries on his back starting in the spring of 2014, the most recent being fusion surgery. Woods has not competed since February and won't return this year. His last win was in August 2013.

With hair like that, you definitely need to use #drugs!  

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 #Ungovernable Lesson of the Day: Why are you driving your own whip when you that #rich

 

#UNGOVERNABLE: ESCAPE YOUR OPPRESSED STATE 

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Defined

We define Ungovernable like the dictionaries (we are amenable to follow when its appropriate to do so): "escape the control".