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“I was confident that I had made her a millionaire.” Those are the words of the original Bill Cosby prosecutor in reference to the 2005 civil suit.

A few days ago I wrote about Bill Cosby and our difficulty in separating fact from fiction. You can find the post here.

Today, I would like to talk about a full and final release in the context of Bill Cosby’s 2005 civil law suit.

It’s likely that when Mr. Cosby was sued by the complainant they would have executed a full and final release. This is an agreement between the parties based on mutual negotiated terms to settle the lawsuit.

In this situation parties such as the plaintiff and defendant are represented by their lawyers and they are advised as to the terms of settlement. A good lawyer will provide his or her opinion and ensure that neither party is under any duress or undue influence.

The point being, that the complainant in Mr. Cosby’s case would have signed some type of final release. Common conditions in a release include, ending the lawsuit for compensation and keeping the contents of the settlement private. Lawyers have the option of inserting anything as long as the parties agree.

Another common provision is that neither the plaintiff nor any affiliates would be entitled to start a lawsuit against that same defendant for that particular matter.

Today, many lawyers will include provisions about not discussing the lawsuit or anything related to it in public or social media.

Given, Mr. Cosby’s popularity it’s likely that the complainant would have agreed to similar terms. It’s also the reason she has remained silent despite being hounded by the media. I recall a statement from the complainants’ lawyer referencing privacy issues based on the civil settlement.

Although, court documents are public documents transcripts from depositions are not. It’s almost implicit when settling a lawsuit to ensure that everything is sealed to some extent. It’s also very very likely that Mr. Cosby’s lawyers back in 2005 would have not wanted the transcript to go public. The complainant accepted compensation for agreeing to the terms.

Today, it is that transcript that is now being used to prosecute Mr. Cosby.

Will the complainant have to testify? If she does, is she then in violation of the settlement? If so, will she have to pay the settlement back?

Moreover, if the parties pursuant to contract law with legal representation entered into this settlement. It seems highly unfair for a judge to intervene in any such agreement by releasing the transcript.

As a rule of thumb it’s probably wise that today’s lawyer starts to incorporate more stringent conditions into their full and final release when settling lawsuits.

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For me the shock of the Bill Cosby scandal is not about the number of complainants or the allegations. Instead, it has to do with the role that made him who he is and how we have always remembered him as Dr. Heathcliff "Cliff" Huxtable.

Cliff and Claire Huxtable were exemplary members of their community and in various episodes their ideology of family, honesty and morals were instilled in their children and others.

Whether it was the episode where Theo was treated as a guest in a hotel or where Vanessa had to play the drinking game, the Huxtables always managed to get their point across in less than half an hour.

The entire show made for clean wholesome drama that you could watch with your parents.

But the Huxtables were more than just that. Cliff was a successful doctor with a home practice and Claire with her thriving law practice. Together, they embodied success and the all American dream.

 

For an only child such as my-self growing up in a single parent family, the Huxtables home seemed warm, cozy and filled with life and laughter.  Their family lessons were not exclusive to the African American community but resonated with many of us.

Despite, their lucrative professional positions the Huxtables always demonstrated financial restraint and made their children aware of smart life lessons. Given the lengthy run of the series many of us grew up with the Cosby kids and understood the issues of the time.

It’s this blurring of reality and fiction that causes so many of us to still question the allegations surrounding Bill Cosby. Perhaps, this is the reason that we still can’t see him as a deceptive alleged sexual predator and only as Cliff Huxtable. Whose only crime was to sneak in the odd salty snack and a kiss from his wife with the credits rolling as they snuggled.

Wearable Tech is Useless

If you grew up in the eighties you were probably super excited to hear about the introduction of wearable tech a few years back. However, by and large all of these products have been a big disappointment. In fact, they are an embarrassment. With the exception of virtual reality gaming devices.

Smart Watches

The smartwatch is an overpriced useless gadget with the off chance of some of them actually looking cool. Furthermore, there is nothing your phone can’t do better. Texting and or sending and receiving emails on a smartwatch is not only ridiculous but almost impossible. Similarly, so is calling someone from your smartwatch.  Many of today’s smartwatches lack the blockbuster media capabilities our phones do and to be honest who cares about little notifications to your watch.

In fact, your cell phone can probably do an even better job of telling the time. For example, many of these smartwatches have poor battery life.

Even if you still wanted a smartwatch the price tag is not worth the cool factor. Smartwatch manufacturers would be wise to price these gadgets accordingly. Finally, it seems the smartwatch manufacturers are releasing new models almost every other month. Samsung took the lead on jump starting this trend. The long awaited Apple Watch did not deliver as was expected. Don’t forget with the exception of a few almost all smartwatches are reliant on your smartphone.

Fitness band

In fairness to the smartwatch they might look cool. Unfortunately, that can’t be said for the fitness bands. Fitness bands are nothing more than glorified pedometers. They measure the amount of steps you take and or track your sleeping habits. Some will provide notifications to your band that are relayed from the phone. Yeah, I really need that.

I haven’t found any yet that you can use to monitor your blood pressure. Many of the new fitness bands will track your heart beat. However, this isn’t enough for blood pressure measurements.

If the wearable tech industry wants to get our attention they will have to invent better products that are affordable. Until then, I wouldn’t bother purchasing any.

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Vaping is safer 

Please feel free to review my previous posts about Ontario’s new e-cigarette laws and Bill 45.

In this post I would like to discuss e-cigarettes as a healthier alternative to traditional cigarettes. Wherever, I go I end up hearing stories from smokers how e-cigarettes have either helped them cut down or helped them quit all together. Remember, you can purchase an e-cigarette or vape with or without nicotine.

Since many smokers are speaking about the positive benefits of an e-cigarette why is the government deciding to restrict its use and or advertising?

A traditional cigarette contains thousands of chemicals an e-cigarette does not. If you don’t agree, then simply pick up a bottle of e-juice and read the ingredients versus a traditional cigarette.

The smoke or better referred to as vapor that is emitted from an e-cigarette is harmless and disappears within seconds. If someone was to come into the room immediately after they wouldn’t notice anything.

Also, many e-juice companies are now branding and marketing their product as using safer and healthier refinement processes. For example, take a look at this company that actually offers its lab reports.

It’s ironic that Bill 45 is referred to as the Making Healthier Choices Act, when in fact it is doing anything but that. The ability to use an e-cigarette is helping many smokers. The prohibitions implemented by Bill 45 will only stop this.

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Bill 45, Making Healthier Choices Act, 2015: E-Cigarettes and Vaping - Part 2

I would like to continue on with my discussion about e-cigarettes and vaping. You can find my previous post here.

In that post I discussed the concerns presented by section 3 of the proposed Bill under the heading display and promotion.

In this post, I would like to focus on section 8 that bans flavored electronic cigarettes.

No person shall sell or offer to sell a flavoured electronic cigarette that has been prescribed as prohibited at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose.

Again, this provision demonstrates the government’s lack of understanding of what e-cigarettes are.

The government defines an electronic cigarette as follows:

A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine.

The reference to heat a substance is where the issues arises. Anyone that vapes or has reviewed the industry will understand that the substance in question is commonly referred to as e-juice and or e-liquid. The Act proposes no ban on the substance but instead on the actual device being a vaporizer and or inhalant type device, whether it’s called an electronic cigarette and that has a power source and heat.

Section 8 imposes a ban on flavored electronic cigarettes but what about the actual substance?

Walk into a gas station and you can purchase a real flavored electronic cigarette. Many of these are disposable. I would suggest, that yes this would fall into the category of a prohibited device as per the definition of an electronic cigarette and further it being flavored.

However, can a merchant who has been found to be in violation of section 8 by merely selling the e-juice or substance mount a defence that the provision does not apply?

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Electronic cigarettes

Ontario has introduced Bill 45 entitled Making Healthier Choices Act, 2015. The intentions are good. However, of concern is Schedule 3 entitled, Electronic Cigarettes Act, 2015.

Let’s start with the obvious, no one will argue that young people should be banned from using e-cigarettes.

Electronic cigarettes or commonly referred to as vaping has become popular over the last few years. A number of vaping shops have opened up and it’s contributed to a “vape culture.”

Are young people vaping? Yes. Are many smokers suggesting that vaping has helped them cut down and or quit? Yes. Is vaping dangerous? Well it depends. Is vaping available without nicotine? Yes.

That being said the government is looking to push forward legislation in an area they know very little about. Schedule 3 is the result of inaccurate logic and information.

The Electronic Cigarette Trade Association of Canada provides a good synopsis of the concerns the new proposed legislation presents.

Also, Ontario MPP Randy Hillier has spoken out against the legislation and also disclosing how e-cigarettes have helped him, his staff and family members.

The commercial business of vaping very much depends on the ability to demonstrate how vaping works and showcasing the different flavors. Flavors are commonly referred to as e-juice.

This article describes a familiar scenario for smokers.

The new ban will not allow for store owners to showcase the product and further demonstrate how devices work. Many argue that ban has worked out fine for traditional cigarettes. However, again the culture of vaping is very different.

A recent Toronto Star article has suggested that while the ban on the sale to minors will go into effect on January 1, 2016 there will be a review.

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What is Mediation

Mediation is used throughout our legal system. Often mediation is a mandatory stage in a legal dispute.

Many lawyers and Judges will agree that mediation can often bring positive results. Many complicated legal cases end up settling because of the mediation process.

Who is a Mediator

A mediator is someone who has experience in managing conflict and finding solutions. Many mediators are often experienced lawyers or retired Judges. They bring their years of courtroom and negotiation experience to the mediation.

Please call me for more information about mediation and alternative dispute resolution.