Sunday, February 22, 2009

Ontario Municipal Board and the issue of awarding costs

This posting is to follow up on a blog posting I made last year - OMB, Citizen Involvement and the threat of costs.

To recap, an application filed last year by Kimvar, the developers of Big Bay Point Resort, seeking recovery of legal costs from the Innisfil District Association, Nextnine, 2025890 Ontario Ltd., and Gilbert's LLP lawyers, Tim Gilbert and David Donnelly. The OMB had already approved the development.

This application was dismissed by the Ontario Municipal Board (OMB).

The full text of the decision can be found here - http://www.omb.gov.on.ca/e-decisions/pl050290-Jan-30-2009.pdf

You can read the decision for the particulars about this case; however, some general information that may be useful can be found in the decision. In particular, this statement in the decision is of importance:

The decision in this matter is intended to reinforce and reiterate the Board's practice that costs are not awarded lightly nor are they awarded routinely. Awards of costs are rare, especially proportionate to the number of cases decided by the Board. Potential parties and the public should not be fearful of participating in Board proceedings, a sentiment that has been expressed in decision after decision. Costs should never be used as a threat or a reason to dissuade public participation. The Board has the statutory jurisdiction to award costs for the purpose of controlling its process. Costs before the Board have never been intended to follow "the cause" nor are they intended in any way to indemnify a successful party. Each application for costs is decided on its own merit, based on an assessment of conduct.

Tuesday, February 10, 2009

February 2009 Updates for Media Center

Microsoft released cumulative updates for both Media Center for Vista (KB960544) and the Media Center TV Pack for Windows Vista (KB958653).

The following lists provide details as to what is provided within each fix.

February 2009 Cumulative Update for Media Center for Windows Vista (KB960544)

  • The Ehvid.exe process crashes. This issue is reported by the Dr. Watson application when it occurs.
  • Only the audio part of back-to-back recordings plays on computers that have digital cable card tuners. This issue is occurs after the installation of update 955519.

This is a cumulative update. This update replaces the following updates:

  • 955519 October 2008 Cumulative Update for Media Center for Windows Vista
  • 950126 June 2008 Cumulative update for Media Center for Windows Vista
  • 947172 February 2008 Cumulative Update for Media Center for Windows Vista
  • 941229 October 2007 Cumulative Update for Media Center for Windows Vista
  • 935652 June 2007 Cumulative Update for Media Center for Windows Vista
  • 932818 April 2007 Cumulative Update for Media Center for Windows Vista

Download Links:

February 2009 Cumulative Update for Media Center TV Pack for Windows Vista (KB958653)

  • Fixes an issue in which the screen saver starts every 10 minutes when you play music with photo slides how in Windows Media Center Extenders.
  • Fixes an issue in which continuous music playback fails in Windows Media Center Extenders.
  • Fixes a robustness issue in scenarios with in-band data (DVB).
  • Fixes an issue in which in-band schedule data recordings are split into multiple files.
  • Fixes an issue in which the computer may crash after you remove or upgrade tuner hardware.
  • Fixes an issue in which guide data stops downloading.
  • Fixes an issue in which scheduled recordings disappear.
  • Improves the experience of re-enabling device sync for recorded TV.
    Note: To improve the experience of re-enabling device sync for recorded TV, you should also install the update that is mentioned in Microsoft Knowledge Base article 960774.

This is a cumulative update. This update replaces the following updates:

  • 956147 Cumulative Update for Media Center TV Pack for Windows Vista
  • 957209 Update for the Windows Media Center TV Pack for Windows Vista: December 4, 2008

Download Links:

Both of these updates are also available through Windows Update.