La réclamation en dommages punitifs et son effet sur l’assurance responsabilité : analyse de la faute intentionnelle et de l’atteinte illicite et intentionnelle

Les réclamations pour dommages punitifs en vertu de la Charte des droits et libertés de la personne se multiplient depuis plusieurs années devant les tribunaux. Pour être accueillie, cette réclamation implique la démonstration d’une atteinte illicite et intentionnelle à un droit ou une liberté protégé par cette charte. Les recours en responsabilité peuvent faire l’objet d’une couverture d’assurance. Or, le Code civil du Québec prévoit spécifiquement que l’assureur n’est pas tenu de couvrir la faute intentionnelle de l’assuré. Est-ce à dire que l’assureur n’a pas d’obligation envers son assuré lorsque des dommages punitifs sont réclamés? Il s’agit donc de déterminer si le concept de faute intentionnelle et celui d’atteinte illicite et intentionnelle sont des concepts qui s’équivalent ou qu’il est nécessaire de distinguer. Pour cette analyse, ces deux concepts seront abordés en profondeur. Il sera question de l’origine de ces deux notions, de leurs fondements et de leur interprétation pour finalement définir ces termes le plus précisément possible. Ces définitions permettront d’opposer ces deux notions et de déterminer au final qu’il existe plusieurs éléments qui différencient ces concepts, notamment à l’égard de l’intention requise, faisant en sorte qu’ils ne peuvent être assimilés. Cette conclusion aura un impact certain sur les obligations de l’assureur de défendre l’assuré et d’indemniser la victime pour ses dommages compensatoires lorsqu’il existe une réclamation en dommages punitifs et, par conséquent, l’assureur ne pourra faire reposer son refus de défendre ou d’indemniser sur la seule base de la preuve d’une atteinte illicite et intentionnelle.

Punishment Avoidance and Intentional Risky Driving Behaviour : What are the Implications for ‘Getting Away with it’?

Every motorised jurisdiction mandates legal driving behaviour which facilitates driver mobility and road user safety through explicit road rules that are enforced by regulatory authorities such as the Police. In road safety, traffic law enforcement has been very successfully applied to modify road user behaviour, and increasingly technology is fundamental in detecting illegal road user behaviour. Furthermore, there is also sound evidence that highly visible and/or intensive enforcement programs achieve long-term deterrent effects. To illustrate, in Australia random breath testing has considerably reduced the incidence and prevalence of driving whilst under the influence of alcohol. There is, however, evidence that many road rules continue to be broken, including speeding and using a mobile phone whilst driving, and there are many instances where drivers are not detected or sufficiently sanctioned for these transgressions. Furthermore, there is a growing body of evidence suggesting that experiences of punishment avoidance – that is, successful attempts at avoiding punishment such as drivers talking themselves out of a ticket, or changing driving routes to evade detection –are associated with and predictive of the extent of illegal driving behaviour and future illegal driving intentions. Therefore there is a need to better understand the phenomenon of punishment avoidance to enhance our traffic law enforcement procedures and therefore safety of all road users. This chapter begins with a review of the young driver road safety problem, followed by an examination of contemporary deterrence theory to enhance our understanding of both the experiences and implications of punishment avoidance in the road environment. It is noteworthy that in situations where detection and punishment remain relatively rare, such as on extensive road networks, the research evidence suggests that experiences of punishment avoidance may have a stronger influence upon risky driving behaviour than experiences of punishment. Finally, data from a case study examining the risky behaviour of young drivers will be presented, and the implications for ‘getting away with it’ will be discussed.

Correlation between corona current and radio interference due to high voltage insulator string

The Radio Interference (RI) from electric power transmission line hardware, if not controlled, poses serious electromagnetic interference to system in the vicinity. The present work mainly concerns with the RI from the insulator string along with the associated line hardware. The laboratory testing for the RI levels are carried out through the measurement of the conducted radio interference levels. However such measurements do not really locate the coronating point, as well as, the mode of corona. At the same time experience shows that it is rather difficult to locate the coronating points by mere inspection. After a thorough look into the intricacies of the problem, it is ascertained that the measurement of associated ground end currents could give a better picture of the prevailing corona modes and their intensities. A study on the same is attempted in the present work. Various intricacies of the problem,features of ground end current pulses and its correlation with RI are dealt with. Owing to the complexity of such experimental investigations, the study made is not fully complete nevertheless it seems to be first of its kind.

Nonclassical excitation and quantum interference in a three level atom

Non-classical properties and quantum interference (QI) in two-photon excitation of a three level atom (|1〉), |2〉, |3〉) in a ladder configuration, illuminated by multiple fields in non-classical (squeezed) and/or classical (coherent) states, is studied. Fundamentally new effects associated with quantum correlations in the squeezed fields and QI due to multiple excitation pathways have been observed. Theoretical studies and extrapolations of these findings have revealed possible applications which are far beyond any current capabilities, including ultrafast nonlinear mixing, ultrafast homodyne detection and frequency metrology. The atom used throughout the experiments was Cesium, which was magneto-optically trapped in a vapor cell to produce a Doppler-free sample. For the first part of the work the |1〉 → |2〉 → |3〉 transition (corresponding to the 6S_1/2F = 4 → 6P_3/2F' = 5 → 6D_5/2F" = 6 transition) was excited by using the quantum-correlated signal (Ɛ_s) and idler (Ɛ_i) output fields of a subthreshold non-degenerate optical parametric oscillator, which was tuned so that the signal and idler fields were resonant with the |1〉 → |2〉 and |2〉 → |3〉 transitions, respectively. In contrast to excitation with classical fields for which the excitation rate as a function of intensity has always an exponent greater than or equal to two, excitation with squeezed-fields has been theoretically predicted to have an exponent that approaches unity for small enough intensities. This was verified experimentally by probing the exponent down to a slope of 1.3, demonstrating for the first time a purely non-classical effect associated with the interaction of squeezed fields and atoms. In the second part excitation of the two-photon transition by three phase coherent fields Ɛ₁ , Ɛ₂ and Ɛ₀, resonant with the dipole |1〉 → |2〉 and |2〉 → |3〉 and quadrupole |1〉 → |3〉 transitions, respectively, is studied. QI in the excited state population is observed due to two alternative excitation pathways. This is equivalent to nonlinear mixing of the three excitation fields by the atom. Realizing that in the experiment the three fields are spaced in frequency over a range of 25 THz, and extending this scheme to other energy triplets and atoms, leads to the discovery that ranges up to 100's of THz can be bridged in a single mixing step. Motivated by these results, a master equation model has been developed for the system and its properties have been extensively studied.

Interference and non-interference of sidebands in a quantum dot with oscillating levels

When a quantum dot is suffering an AC gate voltage, the sidebands turn up beside the static levels of the dot. We formularized the conductance and current when the effective coupling between levels in the quantum dot induced by the hybrid terms is included using a bi-unitary transform method, and we investigated the interference of the photon sidebands of deferent levels. The interference occurs if the same sidebands of deferent levels overlap, which is possible only when the static levels lie close to and overlap with each other. The overlap of different photon sidebands leads to a simple non-coherent superposition. (C) 2005 Elsevier Ltd. All rights reserved.

Effects of edge dislocations and intentional Si doping on the electron mobility of n-type GaN films

The effects of dislocations and Si doping on the electrical properties of n-type GaN grown by metal organic chemical vapor deposition (MOCVD) are investigated. It is found that both electron mobility and carrier concentration are strongly influenced by edge dislocations. A moderate Si doping during the GaN growth improves the electron mobility, but the best doping effect depends on the dislocation density of the sample. High quality about 4-mu m-thick MOCVD-grown GaN film with a room temperature electron mobility as high as 1005 cm(2)/V s is obtained by optimizing growth conditions. (c) 2006 American Institute of Physics.

Factor analysis used to peak position optimization and spectral interference correction in inductively coupled plasma atomic emission spectrometry

Target transformation factor analysis was used to correct spectral interference in inductively coupled plasma atomic emission spectrometry (ICP-BES) for the determination of rare earth impurities in high purity thulium oxide. Data matrix was constructed with pure and mixture vectors and background vector. A method based on an error evaluation function was proposed to optimize the peak position, so the influence of the peak position shift in spectral scans on the determination was eliminated or reduced. Satisfactory results were obtained using factor analysis and the proposed peak position optimization method.

JamLab: augmenting sensornet testbeds with realistic and controlled interference generation

Radio interference drastically affects the performance of sensor-net communications, leading to packet loss and reduced energy-efficiency. As an increasing number of wireless devices operates on the same ISM frequencies, there is a strong need for understanding and debugging the performance of existing sensornet protocols under interference. Doing so requires a low-cost flexible testbed infrastructure that allows the repeatable generation of a wide range of interference patterns. Unfortunately, to date, existing sensornet testbeds lack such capabilities, and do not permit to study easily the coexistence problems between devices sharing the same frequencies. This paper addresses the current lack of such an infrastructure by using off-the-shelf sensor motes to record and playback interference patterns as well as to generate customizable and repeat-able interference in real-time. We propose and develop JamLab: a low-cost infrastructure to augment existing sensornet testbeds with accurate interference generation while limiting the overhead to a simple upload of the appropriate software. We explain how we tackle the hardware limitations and get an accurate measurement and regeneration of interference, and we experimentally evaluate the accuracy of JamLab with respect to time, space, and intensity. We further use JamLab to characterize the impact of interference on sensornet MAC protocols.

TU Graz: Course: 707.000 Web Science and Web Technology: Lecture 12: User Intentions and Intentional Structures on the Web II

In this lecture, we will focus on analyzing user goals in search query logs. Readings: M. Strohmaier, P. Prettenhofer, M. Lux, Different Degrees of Explicitness in Intentional Artifacts - Studying User Goals in a Large Search Query Log, CSKGOI'08 International Workshop on Commonsense Knowledge and Goal Oriented Interfaces, in conjunction with IUI'08, Canary Islands, Spain, 2008.

TU Graz: Course: 707.000 Web Science and Web Technology: Lecture 11: User Intentions and Intentional Structures on the Web

Search engines - such as Google - have been characterized as "Databases of intentions". This class will focus on different aspects of intentionality on the web, including goal mining, goal modeling and goal-oriented search. Readings: M. Strohmaier, M. Lux, M. Granitzer, P. Scheir, S. Liaskos, E. Yu, How Do Users Express Goals on the Web? - An Exploration of Intentional Structures in Web Search, We Know'07 International Workshop on Collaborative Knowledge Management for Web Information Systems in conjunction with WISE'07, Nancy, France, 2007. [Web link] Readings: Automatic identification of user goals in web search, U. Lee and Z. Liu and J. Cho WWW '05: Proceedings of the 14th International World Wide Web Conference 391--400 (2005) [Web link]

Sexual presence and intentional dynamics: deviant and non-deviant sexual self-regulation from the first person stance

Child molesters (n=13) and sexually non-deviant subjects (n=29) were immersed with virtual characters depicting relevant sexual features while their sexual arousal and gaze behaviour were assessed to characterize their sexual preferences and intentional dynamics. Sexual arousal was measured using circumferential penile plethysmography (PPG). Gaze behaviour dynamics was derived from average gaze radial angular deviation (GRAD) and GRAD coefficient of variation (GRADCV). Results show distinct sexual arousal profiles according to sexual preferences and point towards the existence of specific gaze behaviour dynamics guided by sexual intentions. Theoretical interpretations are based on the ecological psychology of J.J. Gibson and the integrated theory of sexual offending (Ward, 2009; Ward & Beech, 2006). Theoretical underpinnings coming from these approaches are advocated as being especially well suited to explain how virtual reality can help probing into child molesters’ phenomenology as lived from the first-person stance.