বুধবার, ৩১ অক্টোবর, ২০১২

Commercial Real Estate - Hosseini Law Firm

Property law in Canada falls under provincial jurisdiction. Property law in Ontario has developed through the English common law. Interests in land are generally held directly in fee simple or by leases as leasehold interests. If you are thinking of expanding your business to Ontario and want to invest in commercial real estate here, you can choose from many legal structures. They include a corporation, general partnership, a limited partnership, co-ownership (often referred to as a ?joint venture?), a trust, real estate investment trust, personal ownership or any combination of these. We can help with your choice of an appropriate investment structure by advising you on pertinent factors like tax planning requirements, liability issues, business considerations and foreign investor rules and regulations.

Ontario generally imposes no restrictions or prohibitions on foreign investors in land, whether natural or corporate. But certain taxing, reporting and registration provisions may apply. Investors in real estate may acquire several types of interests in land, including full ownership (a ?freehold? interest), an interest for a specified period (a ?leasehold? interest) or a partial interest in a freehold or leasehold interest as co-owners under a joint venture.

If you?re thinking about buying commercial property here, we can advise about and draft the agreement of purchase and sale. We will ensure it contains all necessary business terms for the transaction, such as the legal description of the land, purchase price, deposit(s), closing date, purchaser?s right to search the title before completing the sale, ?title and/or due diligence periods, representations and warranties, and any other agreed upon terms and conditions. We can conduct various searches to verify that the vendor has good title to the property and conduct other due diligence.

We can advise you on the various laws that might affect your situation. For instance, land use planning legislation, bylaws and regulations to control how real estate is developed.? If you are thinking about leasing, know that it is a complex area and there are several ways to lease property here. If you need financing, it is usually obtained from institutional lenders like banks. You might need to know about the detailed statutes, laws, regulations, bylaws, guidelines and recommendations concerning the protection of the environment. You would be prudent determine a property?s environmental status by inspecting applicable company and public records You should also be aware that property development and land use is mostly regulated at the municipal level through official plans and zoning bylaws and at the provincial level under the Planning Act. Another consideration is the land transfer tax. Imposed at graduated rates, for most commercial transactions it is about 1.5% of the purchase price.

These are just some of examples of laws that affect a commercial real estate here.? For specialized advice on you particular situation, give us a call.

Tags: agreement of purchase and sale, corporation, due diligence, financing, freehold interest, general partnership, good title to property, joint venture, land transfer tax, land use planning, leasehold interest, leasing, Planning Act, property development, real estate investment trust, REIT, trust

Source: http://www.hosseinilaw.com/commercial-real-estate

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শনিবার, ২৭ অক্টোবর, ২০১২

Galaxy halos are produced by orphan stars, findings indicate

Thursday, October 25, 2012

Isolated stars kicked to the edges of space by violent galaxy mergers may be the cause of mysterious infrared light halos observed across the sky, according to UC Irvine and other astronomers.

"Background glow in our sky has been a huge unanswered question," said UCI physics & astronomy professor Asantha Cooray, lead author of a paper about the discovery in the Oct. 25 issue of the journal Nature. "We have new evidence that this light is from stars that linger between galaxies. Individually, they're too dim to be seen, but we think we're seeing their collective blush."

Cooray and colleagues examined 250 hours of data captured by NASA's powerful Spitzer Space Telescope from a large swath of sky called the Bo?tes field, which covers the equivalent of 40 full moons near the constellation of the same name. The large scale allowed the researchers to better analyze the patterns of diffuse light.

"Studying this faint background was one of the core goals of our survey, and we carefully designed the observations in order to directly address this important, challenging question," said co-author Daniel Stern of NASA's Jet Propulsion Laboratory in Pasadena.

The team concluded that the infrared glow, while weak, is too strong to be consistent with earlier theories that it's being emitted by the very first celestial bodies. "The glow is just too bright to be from those ancient, far-off galaxies and stars," said UCI doctoral student and co-author Joseph Smidt.

Instead, the scientists have a new theory, saying it's "intracluster" or "intrahalo" starlight. Early in the history of the universe, as galaxies grew, they collided and bulked up in mass. As the crashing galaxies became gravitationally tangled, strips of stars were shredded and tossed into space as leftovers. Galaxies also grow by "swallowing" dwarf neighbors, a messy process that likewise results in stray stars. Cosmologists believe these orphaned stars produce the diffuse, blotchy smatterings of light that make up galaxy halos extending well beyond the outer reaches of galaxies.

Additional research is needed to confirm the theory. But the researchers say it makes sense. "A lightbulb went off when we were reading earlier papers predicting the existence of diffuse stars," Cooray said. "They explain what we're seeing with Spitzer."

###

University of California - Irvine: http://www.uci.edu

Thanks to University of California - Irvine for this article.

This press release was posted to serve as a topic for discussion. Please comment below. We try our best to only post press releases that are associated with peer reviewed scientific literature. Critical discussions of the research are appreciated. If you need help finding a link to the original article, please contact us on twitter or via e-mail.

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Source: http://www.labspaces.net/124809/Galaxy_halos_are_produced_by_orphan_stars__findings_indicate

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সোমবার, ২২ অক্টোবর, ২০১২

UCI agrees to strip Armstrong of his 7 Tour titles

GENEVA (AP) ? Lance Armstrong was stripped of his seven Tour de France titles and banned for life by cycling's governing body Monday following a report from the U.S. Anti-Doping Agency that accused him of leading a massive doping program on his teams.

UCI President Pat McQuaid announced that the federation accepted the USADA's report on Armstrong and would not appeal to the Court of Arbitration for Sport.

"Lance Armstrong has no place in cycling and he deserves to be forgotten in cycling," McQuaid said at a news conference. "This is a landmark day for cycling."

The decision clears the way for Tour de France organizers to officially remove Armstrong's name from the record books, erasing his consecutive victories from 1999-2005.

Tour director Christian Prudhomme has said the race would go along with whatever cycling's governing body decides and will have no official winners for those years.

Armstrong's representatives had no immediate comment.

USADA said Armstrong should be banned and stripped of his Tour titles for "the most sophisticated, professionalized and successful doping program that sport has ever seen" within his U.S. Postal Service and Discovery Channel teams. Under the penalties, he loses all his race results since August 1998.

The USADA report said Armstrong and his teams used steroids, the blood booster EPO and blood transfusions. The report included statements from 11 former teammates who testified against Armstrong, including testimony that he pressured them to take banned drugs.

"I was sickened by what I read in the USADA report," McQuaid said, singling out the testimony of former Armstrong teammate David Zabriskie. "The story he told of how he was coerced and to some extent forced into doping is just mind boggling."

Armstrong denies doping, saying he passed hundreds of drug tests. But he chose not to fight USADA in one of the agency's arbitration hearings, arguing the process was biased against him. USADA's report, released earlier this month, was aimed at showing why the agency ordered the sanctions against him.

"At the moment Lance Armstrong hasn't admitted to anything, yet all the evidence is there in this report that he doped," McQuaid said.

Former Armstrong team director Johan Bruyneel is also facing doping charges, but he is challenging the USADA case in arbitration.

On Sunday, Armstrong greeted about 4,300 cyclists at his Livestrong charity's fundraiser bike ride in Texas, telling the crowd he's faced a "very difficult" few weeks.

"I've been better, but I've also been worse," Armstrong, a cancer survivor, told the crowd.

While drug use allegations have followed the 41-year-old Armstrong throughout much of his career, the USADA report seems to have marked a turning point in the saga. Longtime sponsors Nike, Trek Bicycles and Anheuser-Busch dropped Armstrong last week, as did other companies, and he stepped down as chairman of Livestrong, the cancer awareness charity he founded 15 years ago after surviving testicular cancer which spread to his lungs and brain.

Armstrong's astonishing return from life-threatening illness to the summit of cycling offered an inspirational story that transcended the sport. However, his downfall has ended "one of the most sordid chapters in sports history," USADA said in its 200-page report published two weeks ago.

Armstrong has consistently argued that the USADA system was rigged against him, calling the agency's effort a "witch hunt" which pressured witnesses into cooperating.

"It is for Mr. Armstrong to defend himself against such witness statements that he deems to be incorrect. It is not for the UCI to do so," the governing body said in a statement.

If Armstrong's Tour victories are not reassigned there would be a hole in the record books, marking a shift from how organizers treated similar cases in the past.

When Alberto Contador was stripped of his 2010 Tour victory for a doping violation, organizers awarded the title to Andy Schleck. In 2006, Oscar Pereiro was awarded the victory after the doping disqualification of American rider Floyd Landis.

USADA's position is that the Tour titles should not be given to other riders who finished on the podium, such was the level of doping during Armstrong's era.

The agency said 20 of the 21 riders on the podium in the Tour from 1999 through 2005 have been "directly tied to likely doping through admissions, sanctions, public investigations" or other means. It added that of the 45 riders on the podium between 1996 and 2010, 36 were by cyclists "similarly tainted by doping."

The world's most famous cyclist could still face further sports sanctions and legal challenges. Armstrong could lose his 2000 Olympic time-trial bronze medal and may be targeted with civil lawsuits from ex-sponsors or even the U.S. government.

McQuaid said the UCI's board will meet Friday to discuss the Olympic issue and whether to update other race results taking account of Armstrong's disqualifications.

A so-called "Truth and Reconciliation" commission, which could offer a limited amnesty to riders and officials who confessed to doping practices, will also be discussed, UCI legal adviser Philippe Verbiest said.

In total, 26 people ? including 15 riders ? testified to USADA that Armstrong and his teams used and trafficked banned substances and routinely used blood transfusions. Among the witnesses were loyal sidekick George Hincapie and admitted dopers Tyler Hamilton and Landis.

USADA's case also implicated Italian sports doctor Michele Ferrari, depicted as the architect of doping programs, and longtime coach and team manager Bruyneel.

Ferrari ? who has been targeted in an Italian prosecutor's probe ? and another medical official, Dr. Luis Garcia del Moral, received lifetime bans.

Bruyneel, team doctor Pedro Celaya and trainer Jose "Pepe" Marti opted to take their cases to arbitration with USADA. The agency could call Armstrong as a witness at those hearings.

Bruyneel, a Belgian former Tour de France rider, lost his job last week as manager of the RadioShack-Nissan Trek team which Armstrong helped found to ride for in the 2010 season.

Source: http://news.yahoo.com/uci-agrees-strip-armstrong-7-tour-titles-111847460--spt.html

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রবিবার, ২১ অক্টোবর, ২০১২

A middle school turns out chess champions in 'Brooklyn Castle'

'Brooklyn Castle' has the right moves.

By Peter Rainer,?Film critic / October 19, 2012

Chess team members from I.S. 318 in Brooklyn play on the train. Chess teams from this school are consistently the most-winning ones in the nation.

Courtesy of Producers Distribution Agency

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Is chess cool? In my day, being in the school chess club was about as hip as being on the audiovisual squad and a full step lower than being in the marching band.

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Times have changed, though. At least they have at Intermediate School 318, an inner-city school in Brooklyn, New York. Despite the fact that more than 65 percent of its students are from homes with incomes below the federal poverty level, this middle school has consistently trained the most-winning junior-high chess teams in the nation.

As inspirational academic stories go, it doesn?t get much better than this, which is no doubt what attracted first-time feature filmmaker (and Brooklyn native) Katie Dellamaggiore to make a film about I.S. 318. As a piece of filmmaking, ?Brooklyn Castle? is not going to set the world on fire. Often scattershot, it frequently stops short of delving into the lives of the young chess mavens just when things are getting interesting. But the kids and their faculty coaches and sponsors are so spirited that this raggedness almost doesn?t matter.

Although the chess team has about 85 members, Dellamaggiore focuses on the five at the top, each highly individual. Rochelle, age 13, in eighth grade, is soft-spoken but determined to be the first African-American female to be ranked a master. She is shy about talking chess because she thinks it makes her sound ?like a nerd,? especially in such a male-dominated world.

Justus, in sixth grade, has been selected to join the United States Chess Federation?s All-American team. Of all the kids on view here, he seems the most withdrawn, rarely cracking a smile. His focus is all on the board, and when he loses, which is not often, the distraught 11-year-old comes through loud and clear. Alexis, 12, in seventh grade, is the pride of his working-class immigrant parents. He hopes to support them one day by getting a good job, which, for him, means getting into a top-ranked New York public high school. Patrick, 11, in seventh grade, has a condition that has been diagnosed as attention deficit hyperactivity disorder. The discipline of chess has a marked positive effect on all aspects of his life.

And then there is Pobo, 12, in seventh grade, who is a born glad-hander. Calling himself ?Pobama,? he runs successfully for class president, campaigning to restore budget cuts to after-school programs like chess. Budget cuts, beginning in 2009, when the film starts, are incessant throughout this story. At one point, in 2011, assistant principal/coach John Galvin uses $8,000 of his own money to cover the cost of the team?s trip to the nationals in Dallas.

Why is this particular school so good at cultivating terrific young chess players? Clearly Galvin, along with principal Fred Rubino and head chess teacher Elizabeth Vicary, has a great deal to do with the success. But the film leaves hanging the notion that great chess players are created rather than born.

What?s probably true is that the innate intelligence of these children, which might have been stifled otherwise, is brought to the fore by chess. It?s an intellectual discipline that, as we can see from the kids, is also a life discipline.

No wonder they fight so hard to keep the chess program intact. They know that there is much more at stake here than moving pieces around on a board. Grade: B+ (Unrated.)

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/-g9lZGMjTyw/A-middle-school-turns-out-chess-champions-in-Brooklyn-Castle

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বৃহস্পতিবার, ১৮ অক্টোবর, ২০১২

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শনিবার, ১৩ অক্টোবর, ২০১২

Chamberlain leaves after being hit by broken bat

Trainers help New York Yankees relief pitcher Joba Chamberlain, third from right, reactsafter he was hit by a broken bat when Baltimore Orioles' Matt Wieters hit a single during the twelfth inning of Game 4 of the American League division baseball series on Thursday, Oct. 11, 2012, in New York. (AP Photo/Bill Kostroun)

Trainers help New York Yankees relief pitcher Joba Chamberlain, third from right, reactsafter he was hit by a broken bat when Baltimore Orioles' Matt Wieters hit a single during the twelfth inning of Game 4 of the American League division baseball series on Thursday, Oct. 11, 2012, in New York. (AP Photo/Bill Kostroun)

A trainer, left, helps New York Yankees relief pitcher Joba Chamberlain who was hit by a broken bat when Baltimore Orioles' Matt Wieters hit a single during the twelfth inning of Game 4 of the American League division baseball series on Thursday, Oct. 11, 2012, in New York. (AP Photo/Bill Kostroun)

New York Yankees' Mark Teixeira, left, checks on relief pitcher Joba Chamberlain after Chamberlain was hit by a broken bat during the twelfth inning of Game 4 of the American League division baseball series against the Baltimore Orioles, Thursday, Oct. 11, 2012, in New York. (AP Photo/Bill Kostroun)

New York Yankees relief pitcher Joba Chamberlain (62) reacts after being hit by a broken bat as Baltimore Orioles' Matt Wieters (32) hit a single during the twelfth inning of Game 4 of the American League division baseball series on Thursday, Oct. 11, 2012, in New York. (AP Photo/Bill Kostroun)

NEW YORK (AP) ? Yankees reliever Joba Chamberlain was hit by a flying broken bat in the 12th inning and left Game 4 of the AL division series against Baltimore with a bruised right elbow Thursday night.

X-rays were negative.

Matt Wieters led off the 12th with a single to left field and shattered his bat. A large piece went twirling toward the mound and hit Chamberlain's surgically repaired pitching elbow.

Chamberlain threw down his glove and bent over in pain.

He was checked out by New York trainer Steve Donahue and manager Joe Girardi. While Chamberlain threw three test pitches, Girardi went back to the dugout.

Chamberlain finished his pitches and walked off the field with Donahue. David Phelps came in to relieve with the score 1-all.

The Yankees led 2-1 in the best-of-five matchup.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-10-11-ALDS-Yankees-Chamberlain%20Injured/id-671e4ba41c0944c3a3967738a4cc6c4e

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