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27-706: The Tobique River Flows in a general southwesterly direction down through Victoria County, New Brunswick. The Tobique is formed just outside the small community of Nictau, New Brunswick. It is made through the conjoining of the two main tributaries known as the Little Tobique River and the Campbell River. After the river forms in Nictau, it travels down through many small communities. These communities are Riley Brook, Blue Mountain Bend, Oxbow, and Three Brooks. It then passes through

54-440: A chemical spill , or the car can not be driven because it was damaged in a motor vehicle accident . When business equipment is damaged the injured business is entitled to a loss of use claim for the damaged property. In the trucking industry this is often referred to as downtime. Downtime claims indemnify for loss of earnings resulting from inability to operate because of damage to a tractor or trailer from an insured peril such as

81-417: A collision or a fire. These claims can be made against the adverse party’s insurance policy. The loss must be established by presenting the previous income for the damaged equipment. Insurance companies may use various formulas to calculate downtime losses. A common method is to determine gross income for 90 days before the accident, then subtract all variable expenses such as fuel, tolls, oil, etc. to figure

108-686: A compensation package for the claim. Existing property owners will not be affected, as settlement does not include expropriation. Under the Specific Claim Policy, the First Nation is entitled to be compensated for the Current Unimproved Market Value of the Claim Lands and Compensation for Loss of Use , the reasonable and probable Loss of Use that occurred because of the breach, from July 1, 1867 to 2009. Tobique First Nation and

135-434: A net income amount. Next, divide net income by the days actually driven during the 90 days before the truck was disabled in order to get a daily net loss figure. Finally, multiply the daily income times the number of days the truck is in the repair shop to arrive at your lost income amount. Car rental companies charge renters for loss of use in case of accidents, though the charges have been controversial. Insurers want to see

162-412: A protest, refusing to pay the "bills" from NB Power. In addition, they demanded that the company remove from the reserve construction debris, including barrels filled with toxic pesticides and herbicides, and PCBs , that dated to the dam's construction. When the company threatened to cut off power to the reserve, a number of residents set up a blockade at the dam, requiring NB Power trucks to register with

189-647: A river in New Brunswick , Canada is a stub . You can help Misplaced Pages by expanding it . Tobique First Nation Tobique First Nation ( Malecite-Passamaquoddy : Wolastoqiyik Neqotkuk ) is one of six Wolastoqiyik or Maliseet Nation reserves in New Brunswick , Canada . The Tobique Reserve is located on the north side of the Tobique River . The reserve comprises two lots (The Brother's # 18, 4 ha; Tobique # 20, 2724 ha). The Tobique Reserve, established in 1801 with nearly 20,000 acres (8,100 ha),

216-600: Is a popular tourist attraction for boating and kayaking. During the month of July, it is host to the Fiddlers on the Tobique river run. The Tobique Narrows Dam was built between 1951 and 1953 by NB Power approximately one kilometre from the river's mouth. The river is named for a Maliseet chief Noel Tobec (1706-1767) who lived at the mouth of the river. 46°46′N 67°42′W  /  46.767°N 67.700°W  / 46.767; -67.700 This article related to

243-582: Is multiplied by the wage basis to determine the total value of the SLU. Due to the complexity of the calculations involved in determining an SLU, it may be useful to utilize an SLU calculator, such as may be provided on legal, public service, academic, or informational websites. The etymology of tort is from the French word for twisted—as in wrongful , trespassing , sick, perverted, or disturbed . Unlike in other aspects of tort law , rather than being figurative ,

270-406: Is utilized in conjunction with a medical assessment by an evaluating physician, together with a schedule which standardizes the value of particular injuries. This standardization is necessary to ensure Equal Protection while applying a Workers' Compensation scheme. The physician's loss assessment is converted to a period of weeks, utilizing the schedule published in law, and then this number of weeks

297-537: The First Nation, in collaboration with the provincial government, will be negotiating a settlement compensation package. No existing landowners will be disturbed. An 1854 survey established that the original Tobique reserve had an area of 18,394 acres. The Tobique lost 2,539 acres in the town of Perth due to squatters pre- and post-confederation. In addition, they argue under the Tobique Specific Land Claim (see sections below) that they lost 10,433 acres in

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324-509: The Nation before entry. In 2009, tensions escalated when an NB Power truck did not stop at a road block. Members of the Nation seized the NB Power truck. On June 30, 2009, the provincial Minister of Aboriginal Affairs committed to funding the clean-up of toxic and other wastes dumped at and around the dam, as well as restoration of eroded riverbanks, further damages noted by the Tobique. The dams on

351-556: The New Brunswick Power Corporation (NB Power) (a Crown corporation ) have had a long history of confrontation over uses of the land and waters. The First Nation rejected the company's bid to construct a hydro-electric dam on the Tobique River in 1844, and in 1895. By 1945, the provincial and federal Canadian governments had started development of a dam on the Tobique River , the Tobique Narrows Dam . In 1950,

378-541: The Premier of New Brunswick approved the construction of the Mactaquac Dam in south-central New Brunswick without the consent of Tobique First Nation, the legal landowners. It was put into service in 1953. Despite a longstanding (1945) offer from Tobique to settle all disputes in exchange for unlimited use of the dam's power within Tobique for all domestic uses [and] business on the reservation. According to many reports, "this

405-706: The St. John's River have drastically reduced the Atlantic Salmon run, cutting into the ability of the Tobique to feed themselves and adversely affecting the local economy. As the blockade entered its third month in the summer of 2009, the federal government's Department of Justice accepted the Tobique First Nation’s specific land claim for negotiation. It is likely to be one of the largest in Atlantic Canada. The Tobique wish to negotiate some sharing of benefits from

432-402: The Tobique river saving and excepting a tract of two hundred acres on the south-side designated as Indian Meadows." The government sold most of the land to individuals, except for 169 acres (68 ha), which was returned to the Tobique band in 1965. The Tobique First Nation has been working on the issues of land claims. It has filed two specific claims suits: one for the 2,539 acres lost in

459-589: The alleged 1892 Surrender. In 1890 the government of New Brunswick attempted to open a large portion of the Tobique Reserve for settlement by non-Aboriginal peoples. In order to move towards this goal, the government of New Brunswick conducted a land surrender in 1892. But, the surrender was conducted without the consent of the Order in Council, a necessary step in the surrender process. The surrender concerned land "south of

486-508: The dam, with some portion of electricity available at least to reserve residents but preferably also for resale. A deal was reached in December 2009 to share electricity, remediate the dump site and provide training for First Nation members to work at the dam. Under the December 2009 deal, New Brunswick Power will provide five megawatts of power from the dam to the Tobique. The dam produces approximately 20 megawatts. However, with modern run of

513-406: The meaning is sometimes literal, whereby a worker's arm has been twisted by machinery, and is rendered useless for work. Under property law , almost any possible property can be the subject of loss of use. This might include equipment, goods, inventory , a residence , a farm , a motor vehicle , office building, or commercial property . For example, the real property can not be used due to

540-447: The negligence or other wrongdoing of another." Under workers' compensation law, a schedule loss of use is the set amount of compensation an employee may receive for the inability to use a particular body member , such as an arm , hand , finger , leg , foot , or toe . An injured employee will receive monetary benefits for the loss of use of such a body member during periods of temporary disability associated therewith, and/or at

567-660: The rental company's fleet utilization logs. If the rental company had other unused similar cars at the time, insurers argue the rental company suffered no loss from the unavailability of the damaged car. The Florida Supreme Court supported that interpretation in 2008. The Colorado Supreme Court disagreed, saying a car rental company (originally National) was "entitled to recover loss of use damages irrespective of its actual lost profits" in 2012. California, New York, and some other states restrict loss of use charges Some rental company terms say they will "charge for loss of use, regardless of fleet utilization" (Alamo, Avis, Hertz—adding

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594-426: The river hydroelectric technology, the power potential of the river is very much greater, in hundreds of megawatts. Loss of use Loss of use is the inability, due to a tort or other injury to use a body part, animal, equipment, premises , or other property . Law.com defines it as "the inability to use an automobile, premises or some equipment due to damage to the vehicle, premises or articles caused by

621-415: The time a judicial finding is made of permanent impairment. These monetary benefits are in addition to other benefits for compensation such as medical benefits. An essential basis for calculating a Schedule Loss of Use ("SLU") is often a multiple of the injured employee's pre-injury average weekly wage, or some percentage thereof, as determined by a state's Workers' Compensation Law. This wage information

648-406: The town of Perth ; and one for more than 10,000 acres lost in the 1892 surrender, which amounted to nearly two-thirds of its land. On May 23, 2008 Canada accepted only the second as the Tobique Specific Land Claim for negotiation on the basis of its lawful obligation due to an invalid surrender. Under the terms of negotiation, the government and First Nation have three years to reach agreement on

675-694: The town of Plaster Rock, where just below it is joined by the Wapske River. The Tobique flows west from there, past the Tobique First Nation , to the Saint John River. Just before the Tobique Dam, facing the dam, there is a beach to the left side, which is private property and a heavy rock cut to the right. This makes for very beautiful pictures during the fall foliage. In the summer the Tobique River

702-550: Was granted after a petition to the government by band members. Over the years, the reserve was reduced by surrenders to squatters and a major surrender in 1892. Roughly two-thirds of members of Tobique First Nation reside on the reserve lands. In 2009. the Government of Canada accepted the Tobique Specific Land Claim related to 10,533 acres (4,263 ha) which was lost in the invalid surrender of 1892. Canada and

729-402: Was never honoured. As soon as the community had power lines, they received power bills. The Band Council paid these bills for Elders and community members on social assistance." In 2008, the Tobique began to refuse to pay for the electricity generated by the plant on their land. They have also reported that the damming of the river has created environmental problems. In 2008, the Tobique began

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