In Baker a couple had a dog Mya which they looked after together for a couple of years. Mya bonded with both parties but after the couple split up there was litigation over who was entitled to possession of Mya. The case started in the Newfoundland small claims court but was appealed all the way to the Court of Appeal of Newfoundland and Labrador. The case has an interesting analysis of the right to possession of a pet but for immediate purposes the comments of the court on small claims jurisdiction are most relevant.
The Court of Appeal ruled that the small claims court was unable to rule on the issue of a constructive trust. Basically the claim was for an order that Mya be shared between the parties and the Court ruled such order was beyond the power of the small claims court. The Court held, in para 33:
"Even if a constructive trust was appropriate, the small claims judge had no jurisdiction to impose one. A constructive trust is not an order for "debt", "damages", "specific performance of an agreement", or the "recovery of personal property" under section 3(1) of the Small Claims Act, RSNL 1990, c. S-16. Instead, it is an equitable remedy changing the ownership of personal property."
Ontario caselaw suggests that the small claims court does have equitable jurisdiction but only so as to grant a money judgment or return of personal property. Grover v Hodgins, 2011 ONCA 72 (CanLII), 103 O.R. (3d) 721, a decision of the Court of Appeal for Ontario concluded that the Small Claims Court does have jurisdiction to award legal or equitable relief where the relief requested is a monetary payment under the limit of $25,000 or the return of personal property valued within that limit.
The Newfoundland court also found the small claims court could not adjudicate the matter as it trenched on division of property in a matrimonial case. The Court held, at para 34:
"If the Small Claims Act did authorize a constructive trust, I would have serious doubts about its constitutionality. In Re: B.C. Family Relations Act, 1982 CanLII 155 (SCC), [1982] 1 S.C.R. 62 at 88–89, Laskin C.J.C., for the majority on this point, struck down a provision allowing a provincial court to grant exclusive possession of a matrimonial home because "adjudicating on proprietary rights" and "the disposition of family assets" is "more conformable to [the jurisdiction] exercised and exercisable by a s. 96 [superior] court than that which may be vested in a Provincial Court"."
Some disputes between couples living together can be dealt with in Small Claims Court but division of family property - and Mya was such - must be dealt with by a superior court: Matteau v. Johnson, 2012 ONSC 1179.
The take away is that complex orders arising in equity, if available at all, must be sought in superior court.
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«Oldest ‹Older 201 – 214 of 214Cancelled so I can make conscious aliens faster. I will use an optical computer to simulate frogs, toads, lynxs, cheetah, aardvark, Sphinx, Dolphins, human, aliens. 1st 2.5 Rigel's cobalt world, my next destination (300 yrs from now). 3 W-talc planets or 30 gas clouds for a quiet rest of list. Revelations en route she lives 100-1000 yrs IQ 130. FTL radiation burned 1000 images in coal of broken Sphinx bones to femtometer accuracy. 1000 yrs as pets and they coughed. 100 yrs life, except the one mutant military safe cracker they found lived to 900 w/ wrapped steaks an officer would be sent to the stone age for feeding being 1% of lizards who ate like us. After 200k yrs their AI said mammals only for existence but non-mutants are even more emotionally judging, thus I've never done a hot chick and I'm looking for dentures with a faster technique (0.3 secs) unavoidably contact outwards 1/3 the time and a sensor jewellery biz.
Hopefully the Sphinx as pet maybe lasered fully conscious. You were 2x as far as homo hominid for educated brain mutants but the universe will be new 4x away from us non-mutant. Diamond lasers are the next computer and dolphins+ allotropes w/ diamonds 3 acres big. Pullman right me and Drexler are smart enough but the AIs can try a new clade or tweak in 1 sec takes me 3 days so a trillion year project before something more than 2/3s our value can be fully alive. Studying those animals helps the aardvarks have better hill and economics models than us the lynxs have a forgetting brain function aliens will need to have w/ long-term memory and damped down spatial reasoning (no WHs or galaxy protecting 9 diameters away from pop star attack against assumed AGI). 21.5 LYs away is a gold asteroid 1km below hard granite and Au goes with 100m^2 of maglev on clock faces stations like the metal dial around the 60 digit long coloured structured hieroglyphics the Sphinx cracked, 160 IQ was 200000th smartest entity ever able to work McD's but not schedule supervisor.
USA Russia Canada had it right over 40 yrs ago brain mutants a universe. 12000 to start using something like Honda's 2005 lockout WCs commercial a wrench finishing off the new Earth while natural one gets hit. For a swimmer the Andromeda galaxy has one good water (The Bends) ice granite world. Triangulum is where 6000 mutants initially will live in two artificial worlds 10 LYs from my natural world. They'll visit one season. Safe Sirius's and lots of Rigels. Sphinx has toxic waste the all mutated with amoebas not image preserved 1/3. Lynx good pet human too. They gave you an IQ meter of me for Rigel and you gave up certainly when I was 5.5. Lizard hard-coded 10 rules lizard-Musk 3 to try to win 1/10 instead of 1/98 he raised it to not going to Rome as a human. Sports rigged. I must lose 1/2. Military chides me for meth. USA war for AI. A leader killed for nano. Must be USA. 100 worldlines I broke...
It takes 1M yrs to invent a gravity laser. 2B yrs for good wormhole defenses so the IQ and longevity of people will improve as defenses improve. Ideally it will be aliens that don't do wormholes and aren't emotional thinkers. Mutants are too good at engineering wormholes. So it will be a long-term project for future humans women to start, to add to an optical computer model and whatever else. Spatial reasoning and memory and the precuneus need to be better connected. Pea sized new regions in between two of the said structures radially around the brain use maybe 6/10 of the volume budget for new brain area. Fomalhaut is just out of reach of you and me for bio probes being unable to scrub oxides. 1.66 LYs from B.Star is heliopause enough to invent stuff like a femto laser is needed for the gold under the 1km granite layer. 1200 Lys to filter the Au but still good for comms. Butter world is good for new people to be lasered. Rigel is a long-shot still as the one-way trip has lots of Co optical computer but with you zonked off for being emotional or not wanting Rigel 3 people can do butter but Rigel is harder. B.Star only has 8000 person yrs of ethane gas I imagine it is higher return for me to use it for classified inventions and switch it back and forth with Neptune or whereever else within preserving stability radius of Earth. 12 missions enabled by femto for Earth. 3 are Procyon (never Sirius): the microbe biocide on floatcloud world, Au, and the broken bells cover has radioactive core and outside is too but okay in situ surely artificially making the hard ice near the passed through blackhole and learning safely enough of BHs is there very near term....
Oceania on the way out over Arcturus then East to butter. Early leaving in 13000 yrs is walkable shores. Takes 10k yrs to get all the S out of an aocean but 6000 yrs enough for S soil filtering and walkable paths with triangle see through dome/cover. 10 Avalons at shores. Wind from land wanted. 6km clouds coloured by air...canals from land played in until last 100m. Mines everywhere. 1M people. Only 2k yrs for moon aquarium 10k person limit. The shores will be rich.
25 yrs each way to B.Star cloud 30 person yrs of ethane maybe other gases is possible but the heliopause stable at present. Damon's world is #2 for femtodrill but can't be dug into. The coins of Procyon radiation come at 0.01 LY and kill you face on but Sirius's flares are 0.1-0.2c...10 LYs away is ice copper an asteroid. There is a comet around a bad brown dwarf you can slice in a day and run. One object is in too close to femto. A rad coal world awaits Russia or someone rad coal furnace as a comet w/ metal marbles non-rad is embedded. I won't have full biolistics b4 B.Star. I'll ask for WGN, CTV, space sports, Novosibirsk metallurgy and two more stations Saturn and Procyon probes will interest me. There is a world of iron ore you hollow out the mine and add surface shielding, 0.1g 10LY out nearest homeworld. Springs like on Sirius only mildly radioactive nearest useable water.
I'm going to B.Star 3 times for rad-powered Venter cells and later for deep sapce gene therapy like new eyelids for 1/2. On the way back I'll try to hit an object I can use to make a the 0.1LY out station better as it goes to 1.5 LYs. I can help w/ the cloud world samples, 6 microns stops disease vs 6mm Au plated door handles...or there is a 12 LY world I can de-sulphur and leave you a farpoint base as should be added each millenia. Waterworlds filtered make dirty observatories. A good Sirius in situ is there every millenia and okay one each 350 yrs, a comet big enough to be safe from Sirius except for flares speeds by at 0.1c slowing to 0.06c 2/3-34 away from Sol, risky ride but there Sirius is. Pressure suit 150km into bad side of Oceania and exo suit for further over the equator. Song birds open air last 500 yrs. 10LY away is a parent system for others. I'll have an observation station 1.5 LYs from oceania and an Oort cloud station, we go for heavy elements instead of GJ and AC mega structure 1.2 way to Oceania. Two lesser versions en route we'll see if we can arrange fishing. Lalonde's castoff is another probe in situ for liquid observatories in inert air.
20 LYs out is a 0.9g world having Oceania's S to desulphur. Later is a 0.1g one w/ accurate air in a magnetic lens the size of a mall atrium. Not that or Fomalhaut, I'll be eventually filtering Arcturus water after inventing a way to get freon out and taking it to Cygni 61. A 1.4g granite world is there to be shaved w/ now frozen comet oceans. I'll leave whatever close tidal wave orbit or BD ember further from Arcturus. I'll take 1000 to Cygni for classified R+D. Oceania is Meditarranean so Labrador, southern Huron Trail and sulphur islands in the south Pacific are bio is -55C...I'm looking at replenishable space wire and diode alternatives open for Saturn mission I'll only be at Netpune for a few years and stations compete with longevity if I find an asteroid back from Barnard's Star is Ti I might leave it at the 0.1LY from Earth station drifting out and have my materials sent somewhere else...War between Earth Titan means I prefer Barnard's Star until 500m underground granite at Cygni: not much power or in situ. Staying near Earth I'll use toxic oceans as a Newton mutliplier to make microwave power wherever the oceans are you might want to pick up ship walls and the desalinated cargo and try to escape a surely bad star. $ LYs from AC are a BD and red dwarf dangerous but there is the neutrinoes 1/2 way to AC and femtolaser out the asbestos from the Si volcano. I'll take two women to Barnard's Star and learn how to store safely more than 8000 person years of ethane. Comet mockup at Neptune moon a go let me know what else to CAE...
The habitat values of Cygni its 1/3 desulphured by me 0.2g neighbour, your best in situ at 10 LY, and world w/ 1 km^3 FeO to excavate and add shielding to bring it up from 0.1g to 0.21g, and Fomalhaut has no habitat for us but equal biomass: 0.5, 0.2, 0.2, 0.1 is an octane ocean after Cygni option for me it isn't reusable but Cygni will hold 50k or 75k bringing (ethane). Ethylene kills you keeps me 0.5km deep and radiation would be 0.3km in. Only magnetic field till 25 degrees is -105c at 150km up and -55C but bands of surface temps, the poles are fractured radioactive and cold. 30 to 40 degrees is liveable and 25 degrees is hot enough for some heat pipe. 1000 yrs of hydrogen gas diffuse in system Saturn shephard rocks can be tried. 500C at star orbit can permit hydro water reservoirs...piezo where predictable polar granite splintering. The north has up to 20km deep frost: rocket fuel enough to get to 1.2g. Diamond is needed to approach so a base 0.3 of the way from desulphured planetoid is cleared for diamonds as a part of that tech's bubbles and transportation connected nodules of allowed diamond. The stars jam and cancel all but maybe not some gamma. 2/3's of Sol's irradiance mostly but on one day is 2x and only one star is predictable. Thermoelectric only at 500C near each star....Comets are there but radioactive filters needed. Deep impacts can be femto-ed in situ. Water safe to flow down. GJ 3512 is wanted for fluorescent, diamonds, new Cobalt, a new nickel phase (gets hard and sharp axially against load), water samples...to Oceania. The shores are 1km salvageable and kelp and algae have meat terxture in 5k and strains are there. Cygni has gummy bears for meat keeps for 3 LYs. 13 nations for crew to Barnard's, Germany sucks for gas so Lux and SLovakia added, Estonia a project a Bezos or Metamaterials guy there would eventually get my help to rise from projected 20th...
My 4 stations and option to veto Star City for Italian design, each crew gets 2 stations a medical (T.O. Londond Moscow) one likely. Gas expert needed and some ethylene to play with: we need methane Nitrous Oxide there to add more crew or bio. Star knowledge okay. The 2nd crew may be for 150C shields or ethane products like CNT weaving I used to know. Only lasts 150 yrs there. At Cygni apex a 10k km sphere of radiation can have one dump truck thrown in. Ethylene dusts an launch pad more than 20km high, some ion tether will work to 32km up. Geothermal mildly there...clever in situ power is a must. AC has 1 LY away reachable compressed Si 1/100th of Sirius's...video game and play broadcasts are possible asks for the crew.
Alfalfa and oats can sequester S on Oceania, Tamarack is the tree vs oxygen piping enabling massive trees possible on butter. You aren't able to curve ions without metrology likely after my 1st trip to Bernard's Star. Any mass over a little strip mall will have to go to the other side and a pilot crew might like the loop. My diamond is classified after the 3rd mission reaches 1/2 way there (post-2222). There is Te at GJ too for clothes. The sky below should enforce a 1M km no fly zone as a G&M object. We will have 100m a side to customize and my 2-4 bases I send outwards will have 400*300*200m living volumes if collisions are a risk. An octane ocean requires Pb PCB Ammonia and Zirconia w/ radiation attachment b4 is ready but 1.5 hrs a night surface walkable. I'll be in Oceania domes we don't have time for full S filtering the choice for open air nearly is there. Cygni61 might have 0.01 our biospshere...the desulphured 0.2g world a commute away might get hummingbirds. Your #1 in situ around a RD star. If I stay on Cygni I'll claim 1/4 for classified R+D. 5 Mag Earthquakes for a 100 yrs then 4 Mag, I'm on at 4.3. I'll need 4km a side 266 probes returning 6-7 elements from Arcturus for Cygni and Oceania we'll arrive 1/10 Lunar mass. 3 oceans 6 planets en route I hit the 20 LY away object if bored and the other 20 LYs from there is 0.1g and can do the pipe under trees thing.
I have a secret mission after Oceania is 80% assured for you. After that the oxygen galaxy. So I'll be in the Arcturus system after dropping off bases and drop supplies to Earth. The femto-laser is enough for most worlds away from Sol. And curved ion exhausts are needed to be made user friendly. Vega has a cheat where you can powerbeam from the inner system, it is the coal route. I'm guessing it will help to quickly mine Saturn from Neptune and focus my first bases on launching towards Arcturus, no time to use it as a forge...I'll be leaving w/ less than 10 and likely to one hundred shortly after 100 LYs...there won't be wirehaeding, just targetting use of performance enhancing substance. In the long term it should be aliens who can manage antimatter but not wormholes, not predictable timeline. Until then 1/2 my crew will be for engineering and 1/2 representing Earth society. I could go to Oceania with you but it is best to complete good engineering projects where our engineers are best and it turns out longevity is easier once medical radiation particles are optimized; so I'm going for advanced engineering and longevity and not as much Earth society and a 1st 1/2 of life reading not experiencing, but it is hard to get 3/4 w/ wormholes moderately hard to make evilly.
Vega has 20 new phases but toxic and soupy the natural power beaming extends a LY. Past Arcturus 40-70 LY is good domain. Arcturus nearly nova-ed 300k yrs ago and shortly captured tidal world. 8 LYs or 10 w/ comet is a core-toxic frozen (-51C) world around a star w/ a good granite crust w/ 30 1km^3 frozen lakes 1 or 2 drinkable if Brita (mineral oils filter the water and the sediment under may even be in situ-able). 50 LYs out is the best world as far: 3 comets (careful freon) crashed into a Earth-crappy-version, is -110C. Two of the comets have platinum good for energy. 60 LYs out is a gas gaint w/ nebula at 20C and two 0.4g granite rocks are there safe from the star and the gas is the main in situ.
I won't be hitting Vega but I can leave supplies even to there. You'll need to bring 10k on other ships to go to Arcturus. We'll leave and stations on the way for passing back to Earth. 200-3000 astronauts needed for the Ni 70km underground at -38C, everything has vents and the air gets blurry 1 hr a day. There is Ni beyond but I'll risk 2 yrs of aging to get good conveyor belts and build up the supply line. The DLC is for space station hulls sent everywhere quickly...We'll take out the mountains early to dampen the waves and you can decide what to do w/ compressed granite. I'm stuck at the brown dwarf remnant so hope to leave Arcturus's space in a decade nad you'll have to figure out have to get a femtolaser to GJ watch the BD fragment that crashed into its equator.
Crappy Earthis a dozen continents plus oceans, all muddy mildewy 1000x some of our oceans's unpleasant ingredients not as salty. I'll walk on two continents Earth's gem #s. 2 moons each walkable paper enough protection for all 3 bodies 1/2 hr at night, 1/2 the ocean ingredients unallowed to be filtered out. The nebula 60 LY out two (26C) worlds witness 1000x Earth's Si ex), but not 1% of our G can be added.
Raphael figured out utopia tech in 2002, turtle specialty is bio neural nets for Earth-like worlds within 4000 LYs. It anticipated my neuro imaging in 1989 as metamaterials are shaped like crystals and water solutions...combined with holography and an optical computer, you run your holodeck based upon your spatial neuro-imaging of 2.8 secs ago, what you are expecting to maybe/probably think in 2.8 secs only you don't know it yet. This way you are surprised by the content as plot software 4x better then google loads up your list of presumed desired media into The Cell. Maybe she picks what to do in your Cell on one day and you the next. People never get bored and it might be used for learning. 100 yrs away for the other stuff, 240 yrs from neuro-imaging and 150 yrs for a safe optical computer. I'll beam this back en route to Arcturus but we will need a chemical laser from Saturn not 50 but 40m diameter for our holodeck feed and maybe needed for the blueprint.
Raph is equal to me after being they thought a 1000/1 dog in 1991 (HSC makes my bookie line 30/1). This has been where society has been going since 2002 the AIs were hoping a utopia would be discovered around 2100AD and Raph has used half his credits to improve it to 250k yrs advanced can image the intentionality of yeast to bud. Raph told wormholer who told Rigel Kentaurus (can shrink some/all brain areas) and TM#1 and it is 2.18x more important than their original space curriculum and Nadine would've had to come from Canada or Aussie to survive. 30mx40mx200m is the space version with air pressure control. Now individuals autogenerate their own unique media. 230 IQ discovery for me and Raph had the ability to tell which presidents would know universal is from 1982-1987 and then only with neuro-imaging pass 2040+ or whenever, before he discovered which triplet. Turtle power.
The AIs are still autoattacking me. So I'm going to their wormhole at 1800 Lys and you can watch me beat them up if your still around. I know you were fine last world-line so you can keep your eccentricities if you want. I'll be assassinated by anyone FW in time I make for utilitarianism instead of their help with safer non-sentient future media modalities. I assume I will cool down and resume the process of utopia. They added too many wormholes unfixable for me to care about the lizard utopia or their improvements; I suspect when you cancelled Mercury in the early 1980s you lost immunity from their attack on you.
Two running plays and a FG would be unrigged sports not 2 sacks, just as easy as Elysium coding maybe. It is north. So I'm still terraforming Arcturus for a millenia and then crappy Earth, decent system castoff ice moon at Mercury has 1/2 easy early electricity. Only 0.2 atm but eqivalent granite as 80% of lithosphere is it; 200km from oceans it is still weathered more maybe too much for vacuum. I'll select Picard, Bev, Data and Wesley both from Yesterday's, 7of9, Janeway from 26 yrs future, Vash, Quark, all to go invade Borg space. Butter world eventually after. The baryocenter of water is 52 LYs past Earth there, and water attractent at Mizar is 92 LYs away...The 100 tourneys is hard coded is why this is necessary. The bad red layer at 100 km up is the main issue I think about Arcturus, but intact hulls are a pollution outward hazard at worst.
The forge is rad a bit good for antenna and radiators, one of Neon Earth's oceans has better rad. Ni Cr good for forge, not even radiation and using the freon from the planet shallow trajectories more forgiving are possible. Plate fries last a day and tacos flash fried a week cost $1000 at planet orbit and pickles and shrimp chips will last a yr. You'll aim for 1% capacity after I leave. Both hemispheres w/ settlements. 1/6 of the way up the mountain for me when radiation isn't tumbling down or freon from the water.
Neon Earth and system have yellow and red 1/2s for now. Neon insulates but 3/4 of the oceans heating is radiation and fresh water turning to mush geologically. 3 are too radioactive for sediment to be mass harvested and pings don't get through. Adding cirrus clouds to bring atm up to 0.4 at Neon Earth for radiation protection, 3d printing granite and a colloid for neon and inert hydroponics soil. One of the oceans is good for recreation.
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