The Mystery of Privity: Grand Trunk Railway Company of Canada v Robinson (1915)

This article examines a little known decision of the Judicial Committee of the Privy Council: Grand Trunk Railway Company of Canada v Robinson (1915). The examination is historical and it provides a different insight into the understanding of privity of contract, a doctrine central to contract law. The examination reveals a process of trans-Atlantic legal migration in which English law was applied to resolve an Ontario case. The nature of the resolution is surprising because it appears to conflict with the better known decision of the House of Lords, Dunlop Pneumatic Tyre Company, Limited v Selfridge and Company, Limited, which a similarly constituted panel delivered in the same week. This article argues that there was a greater malleability in the resolution of cases concerned with privity than was thought to have existed. It is also argued that the power of Canadian railway capitalism is a significant factor in understanding the legal resolution of the case. Finally, it the article considers the use of English and American precedents relevant to the case. The application of English precedents to the case led to a resolution not entirely befitting Canadian conditions.

Impacts of uplift of northern Tibetan Plateau and formation of Asian inland deserts on regional climate and environment

Based on the geological evidence that the northern Tibetan Plateau (NTP) had an uplift of a finite magnitude since the Miocene and the major Asian inland deserts formed in the early Pliocene, a regional climate model (RegCM4.1) with a horizontal resolution of 50 km was used to explore the effects of the NTP uplift and the related aridification of inland Asia on regional climate. We designed three numerical experiments including the control experiment representing the present-day condition, the high-mountain experiment representing the early Pliocene condition with uplifted NTP but absence of the Asian inland deserts, and the low-mountain experiment representing the mid-Miocene condition with reduced topography in the NTP (by as much as 2400 m) and also absence of the deserts. Our simulation results indicated that the NTP uplift caused significant reductions in annual precipitation in a broad region of inland Asia north of the Tibetan Plateau (TP) mainly due to the enhanced rain shadow effect of the mountains and changes in the regional circulations. However, four mountainous regions located in the uplift showed significant increases in precipitation, stretching from the Pamir Plateau in the west to the Qilian Mountains in the east. These mountainous areas also experienced different changes in the rainfall seasonality with the greatest increases occurring during the respective rainy seasons, predominantly resulted from the enhanced orographically forced upwind ascents. The appearance of the major deserts in the inland Asia further reduced precipitation in the region and led to increased dust emission and deposition fluxes, while the spatial patterns of dust deposition were also changed, not only in the regions of uplift-impacted topography, but also in the downwind regions. One major contribution from this study is the comparison of the simulation results with 11 existing geological records representing the moisture conditions from Miocene to Pliocene. The comparisons revealed good matches between the simulation results and the published geological records. Therefore, we conclude that the NTP uplift and the related formation of the major deserts played a controlling role in the evolution of regional climatic conditions in a broad region in inland Asia since the Miocene.

Projected changes in medicanes in the HadGEM3 N512 high-resolution global climate model

Medicanes or “Mediterranean hurricanes” represent a rare and physically unique type of Mediterranean mesoscale cyclone. There are similarities with tropical cyclones with regard to their development (based on the thermodynamical disequilibrium between the warm sea and the overlying troposphere) and their kinematic and thermodynamical properties (medicanes are intense vortices with a warm core and even a cloud-free eye). Although medicanes are smaller and their wind speeds are lower than in tropical cyclones, the severity of their winds can cause substantial damage to islands and coastal areas. Concern about how human-induced climate change will affect extreme events is increasing. This includes the future impacts on medicanes due to the warming of the Mediterranean waters and the projected changes in regional atmospheric circulation. However, most global climate models do not have high enough spatial resolution to adequately represent small features such as medicanes. In this study, a cyclone tracking algorithm is applied to high resolution global climate model data with a horizontal grid resolution of approximately 25 km over the Mediterranean region. After a validation of the climatology of general Mediterranean mesoscale cyclones, changes in medicanes are determined using climate model experiments with present and future forcing. The magnitude of the changes in the winds, frequency and location of medicanes is assessed. While no significant changes in the total number of Mediterranean mesoscale cyclones are found, medicanes tend to decrease in number but increase in intensity. The model simulation suggests that medicanes tend to form more frequently in the Gulf of Lion–Genoa and South of Sicily.

Intercomparison and validation of the mixed layer depth fields of global ocean syntheses

Intercomparison and evaluation of the global ocean surface mixed layer depth (MLD) fields estimated from a suite of major ocean syntheses are conducted. Compared with the reference MLDs calculated from individual profiles, MLDs calculated from monthly mean and gridded profiles show negative biases of 10–20 m in early spring related to the re-stratification process of relatively deep mixed layers. Vertical resolution of profiles also influences the MLD estimation. MLDs are underestimated by approximately 5–7 (14–16) m with the vertical resolution of 25 (50) m when the criterion of potential density exceeding the 10-m value by 0.03 kg m−3 is used for the MLD estimation. Using the larger criterion (0.125 kg m−3) generally reduces the underestimations. In addition, positive biases greater than 100 m are found in wintertime subpolar regions when MLD criteria based on temperature are used. Biases of the reanalyses are due to both model errors and errors related to differences between the assimilation methods. The result shows that these errors are partially cancelled out through the ensemble averaging. Moreover, the bias in the ensemble mean field of the reanalyses is smaller than in the observation-only analyses. This is largely attributed to comparably higher resolutions of the reanalyses. The robust reproduction of both the seasonal cycle and interannual variability by the ensemble mean of the reanalyses indicates a great potential of the ensemble mean MLD field for investigating and monitoring upper ocean processes.

The impact of a thermodynamic sea-ice module in the COSMO numerical weather prediction model on simulations for the Laptev Sea, Siberian Arctic

Previous versions of the Consortium for Small-scale Modelling (COSMO) numerical weather prediction model have used a constant sea-ice surface temperature, but observations show a high degree of variability on sub-daily timescales. To account for this, we have implemented a thermodynamic sea-ice module in COSMO and performed simulations at a resolution of 15 km and 5 km for the Laptev Sea area in April 2008. Temporal and spatial variability of surface and 2-m air temperature are verified by four automatic weather stations deployed along the edge of the western New Siberian polynya during the Transdrift XIII-2 expedition and by surface temperature charts derived from Moderate Resolution Imaging Spectroradiometer (MODIS) satellite data. A remarkable agreement between the new model results and these observations demonstrates that the implemented sea-ice module can be applied for short-range simulations. Prescribing the polynya areas daily, our COSMO simulations provide a high-resolution and high-quality atmospheric data set for the Laptev Sea for the period 14-30 April 2008. Based on this data set, we derive a mean total sea-ice production rate of 0.53 km3/day for all Laptev Sea polynyas under the assumption that the polynyas are ice-free and a rate of 0.30 km3/day if a 10-cm-thin ice layer is assumed. Our results indicate that ice production in Laptev Sea polynyas has been overestimated in previous studies.

Exploiting existing ground-based remote sensing networks to improve high-resolution weather forecasts

A new generation of high-resolution (1 km) forecast models promises to revolutionize the prediction of hazardous weather such as windstorms, flash floods, and poor air quality. To realize this promise, a dense observing network, focusing on the lower few kilometers of the atmosphere, is required to verify these new forecast models with the ultimate goal of assimilating the data. At present there are insufficient systematic observations of the vertical profiles of water vapor, temperature, wind, and aerosols; a major constraint is the absence of funding to install new networks. A recent research program financed by the European Union, tasked with addressing this lack of observations, demonstrated that the assimilation of observations from an existing wind profiler network reduces forecast errors, provided that the individual instruments are strategically located and properly maintained. Additionally, it identified three further existing European networks of instruments that are currently underexploited, but with minimal expense they could deliver quality-controlled data to national weather services in near–real time, so the data could be assimilated into forecast models. Specifically, 1) several hundred automatic lidars and ceilometers can provide backscatter profiles associated with aerosol and cloud properties and structures with 30-m vertical resolution every minute; 2) more than 20 Doppler lidars, a fairly new technology, can measure vertical and horizontal winds in the lower atmosphere with a vertical resolution of 30 m every 5 min; and 3) about 30 microwave profilers can estimate profiles of temperature and humidity in the lower few kilometers every 10 min. Examples of potential benefits from these instruments are presented.

A new three-locus model for rootstock-induced dwarfing in apple revealed by genetic mapping of root bark percentage

Rootstock-induced dwarfing of apple scions revolutionized global apple production during the twentieth century, leading to the development of modern intensive orchards. A high root bark percentage (the percentage of the whole root area constituted by root cortex) has previously been associated with rootstock induced dwarfing in apple. In this study, the root bark percentage was measured in a full-sib family of ungrafted apple rootstocks and found to be under the control of three loci. Two QTL for root bark percentage were found to co-localise to the same genomic regions on chromosome 5 and chromosome 11 previously identified as controlling dwarfing, Dw1 and Dw2, respectively. A third QTL was identified on chromosome 13 in a region that has not been previously associated with dwarfing. The development of closely linked 3 Sequence-tagged site STS markers improved the resolution of allelic classes thereby allowing the detection of dominance and epistatic interactions between loci, with high root bark percentage only occurring in specific allelic combinations. In addition, we report a significant negative correlation between root bark percentage and stem diameter (an indicator of tree vigour), measured on a clonally propagated grafted subset of the mapping population. The demonstrated link between root bark percentage and rootstock-induced dwarfing of the scion leads us to propose a three-locus model that is able to explain levels of dwarfing from the dwarf ‘M.27’ to the semi-invigorating rootstock ‘M.116’. Moreover, we suggest that the QTL on chromosome 13 (Rb3) might be analogous to a third dwarfing QTL, Dw3 that has not previously been identified.