IN STA ST T AS RU UT SE M O N & ENRY TE TS D AC T THE following documents are published with and forms part of this Gazette: Statutory Instruments No. 28 of 2014 — Value Added Tax (Others Eligible for Tax Refund) (Amendment) Order. No. 29 of 2014 — International Tax Cooperation (Amendment of Schedule) Order. No. 30 of 2014 — Architects Registration Act (Commencement) Order. No. 31 of 2014 — Value Added Tax (Rate of Tax) (Goods and Services - Hotels and other providers in the tourism sector) (No. 2) Order Assented Act No. 4 of 2014 — Anti-Gang Act. N O TI CE S Saint Lucia will close on Friday 21st March. 2014 PRESIDENT (must be a practitioner over 10 years standing) VICE PRESIDENT (must be a practitioner over 10 years standing) Notice To All Attorneys At Law Election of 4th Council of The Bar Association of St. Lucia Under the Legal Profession Act, Cap. 2.04 Closing date for nominations to the 4th Council of the Bar Association of St. Lucia under the Legal Profession Act (LPA) Cap. 2.04 of the Revised Edition of the Laws of Saint Lucia. THIS is to advise that nominations for the following positions in the Bar Council of the Bar Association of Ministry of Agriculture, Food Production, Fisheries, Co-Operatives & Rural Development Closure of The Lobster Fishery (a) Two (2) practitioner members of 10 years standing or more. THE Ministry of Agriculture, Food Production, Fisheries, Co-operatives and Rural Development informs the general public that the lobster fishery will be CLOSED from March 1,2014, until August 1, 2014, both days inclusive. (b) Four (4) practitioner members of 10 years standing or less. When the lobster fishery is closed a person shall not: Nomination forms can be collected from the office of the Secretary, Mr. Thaddeus Antoine or the Vice President, Michelle Anthony-Desir or the President, Mr Andie George. All completed forms are to be deposited with the Vice President on or before 4:00 pm on Friday 21 rt March, 2014 fish for, remove from the fishery waters, give or at any time have in his or her possession, expose for sale, sell, or purchase any lobster... [Fisheries Regulation, Section 32 (2) (d)) TREASURER (must be a practitioner Over 10 years standing) ORDINARY MEMBERS Bar Association of Saint Lucia Department of Fisheries PLEASE NOTE THAT only persons who are financial are eligible to hold office and to vote. Andie George President, Bar Association of Saint Lucia The importation of lobsters is not permitted during the closed season. Contravention of each of these Regulations is subject to a maximum fine of EC$5,000.00 for each offence. The Department of Fisheries seeks the cooperation of all persons and urges members of the public to report to the marine police, district Issue 10 Monday March 10, 2014 249 Saint Lucia Government Gazette police stations or the Department of Fisheries any person found harvesting, selling, consuming or in possession of lobster during the Closed Season. Development Control P.O. BOX 709, Castries. Authority, Further details of the application can be obtained from the Office of the Authority. Executive Secretary Development Control Authority (c) that corporation tax is paid at the rate of twenty percent for a period of eight years. KENNY D. ANTHONY, Minister responsible for finance. Development Control Authority THE Development Control Authority is considering an application for a change of land use from residential to institutional (church) on Block and Parcel 1258B 1293 at Beasejour, Gros Islet. The total area comprises 20,909 square feet and is bounded as follows: North by Block 1455B Parcel 1138 South by Block 1455B Parcel 1294 East by Block 1455B Parcel 1138 West by Block 1455B Parcel 576 Any resident or landowner wishing to make comments and/or recommendations on this proposed development is required to make a submission in writing by 31 March 2014 to the Executive Secretary, Saint Lucia Government Gazette 250 Special Development Areas Act, Cap. 15.29 EMERALD VISTA INC. IN exercise of the power conferred under section 4 of the Special Development Areas Act, Cap.15.29, the Minister responsible for finance designates Emerald Vista Inc. as an approved developer for the construction of three houses in Vieux-Fort North, subject to the following conditions – (a) a one hundred percent waiver of import duty on inputs for the construction of three houses up to a total CIF value of Two Million and Twenty Thousand, Four Hundred and Fifty Dollars (EC$2,020,450.00); (b) that the applicable period for the waiver in paragraph (a) is for a period of twelve months terminating on the 7th day of November, 2014; and Issue 10 Monday March 10, 2014 Eastern Caribbean Supreme Court Court Of Appeal Grenada Notice of Vacation of Sitting THE eastern caribbean supreme court hereby Gives notice that the sitting of the court of Appeal scheduled for 24th to 28th February 2014 has been vacated. As a consequence, all Matters listed for hearing at that sitting will Be adjourned to the next sitting of the Court of Appeal in Grenada. By Order Of The Hon. Janice M. Pereira, DBE, Chief Justice Pursuant To Rule 5[1] Of The Court Of Appeal Rules, 1968 Eastern Caribbean Supreme Court Court Of Appeal Heraldine Rock Building The Waterfront Castries, St. Lucia, W.I. 17th February 2014 File No (210): TM/2014/ 000027 TR AP AD PL EM IC A AT RK IO S N Mark name: BERMUDEZ CRIX Applicant (730): Decastro Limited Filing date (220): 16/01/2014 Class (511): 30 (Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.) Agent: Natalie E.Glitzenhirn-Augustin File No (210): TM/2013/ 000336 Mark name: FIRM FILTER ROUND TASTE Applicant (730): Philip Morris Brands Sarl Filing date (220): 17/10/2013 Class (511): 34 (Tobacco, raw or maufactured; tabacco products, including cigars, cigarettes, cigarillos, tobacco for roll your own cigarettes, pipe tobacco, chewing tobacco, snuff tobacco, kretek; snus; tobacco substitutes (not for medical purposes); smokers' articles, including cigarette paper and tubes, cigarette filters, tobacco tins, cigarette filters, tobacco tins, cigarette cases and ashtrays, pipes, pocket apparatus for rolling cigarettes, lighters; matches.) Agent: Nicholas John & Co Disclaimer: REGISTRATION OF THIS MARK SHALL GIVE NO EXCLUSIVE RIGHTS TO THE USE OF THE WORDS "FILTER" AND "ROUND" SEPARATE AND APART FROM THE MARK. Priority claimed: 07th May 2013 Switzerland 55494/2013 File No (210): TM/2013/ 000261 Mark name: FLOW Applicant (730): Columbus International Capital (Barbados) Inc. Filing date (220): 27/08/2013 Issue 10 Monday March 10, 2014 251 Saint Lucia Government Gazette Class (511): 9 (Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.) 16 (Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding materials; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.) 35 (Advertising; business management; business administration; office functions.) 37 (Building construction; repair; installation services.) 38 (Telecommunications.) 41 (Education; providing of training; entertainment; sporting and cultural activities.) Agent: Nicholas John & Co. File No (210): TM/2013/ 000083 Mark name: LOOK INSIDE Applicant (730): Intel Corporation Filing date (220): 13/03/2013 LOOK INSIDE Saint Lucia Government Gazette 252 Class (511): 9 (Computers; handheld computers; minicomputers; computer hardware; integrated circuits; integrated circuit memories; integrated circuit chips; computer chip sets; semiconductor processors; semiconductor processor chips; semiconductor chips; microprocessors; printed circuit boards; printed circuits, namely integrated circuit boards, printed circuit boards and electrical circuit boards; electronic circuit boards; computer motherboards; computer memories; operating systems; microcontrollers; data processors; central processing units; semiconductor memory devices, namely, semiconductor memories and semiconductor memory units; software programmable processors; digital and optical microprocessors; computer peripherals; video circuit boards; audio circuit boards; audio-video circuit boards; video graphic accelerators; multimedia accelerators; video processors; videoprocessor boards; data memories; electronic security apparatus and surveillance apparatus, namely, computer hardware, computer chips and microprocessors optimized for electronic security Issue 10 Monday March 10, 2014 surveillance; algorithm software programs for the operation and control of computers; computer operating system software; computer operating systems; computer system extensions, tools and utilities in the field of application software for connecting personal computers, networks, telecommunications apparatus and global computer network applications; computerized telecommunications and networking equipment consisting of operating system software; computer hardware and software for enhancing and providing real-time transfer, transmission, reception, processing and digitizing of audio and video graphics information; computer firmware, namely, computer operating system software, computer utility software and other computer software used to maintain and operate computer systems; computer installations; memory boards; personal digital assistants; portable and handheld electronic personal organizers; storage devices, namely, jump drives, flash drives and thumb drives; security systems for computer hardware and software, namely, firewalls, network access server hardware for creating and maintaining firewalls, virtual private network (VPN) computer hardware and computer server operating software for creating and maintaining firewalls; software for ensuring the security of computer networks; software for access control and security; computer hardware and software for use in protecting computer networks from data theft or damage by unauthorized users; components for computers; computer voice accelerator boards; computer voice, data, image and video accelerator boards; flash memory boards and flash memory cards; telecommunications equipment and computer networks, namely processing and operating systems; telecommunications apparatus and instruments, namely, computer routers, hubs, servers and switches; computer hardware and software for the development, maintenance, and use of local and wide area computer networks; set-top boxes; electronic control devices for the interface and control of computers and global computer and telecommunications networks with television and cable broadcasts and equipment; apparatus for testing and programming integrated circuits; computer peripheral memory apparatus and devices; fixed function computer servers; computer networking hardware; computer hardware and software for creating, facilitating, and managing remote access to and communication with local area networks (LANS), virtual private networks (VPN), wide area networks (WANS) and global computer networks; router, switch, hub and server operating software; computer software and hardware for use in providing multiple user access to a global computer information network for searching, retrieving, transferring, manipulating and disseminating a wide range of information; computer software tools for the facilitation of third party software applications; computer hardware and software for wireless network communications; downloadable electronic publications in the nature of newsletters, books, magazines, journals, brochures and white papers in the area of electronics, semiconductors, integrated electronic apparatus and devices, computers, telecommunications, entertainment, telephony, and wired and wireless telecommunications; structural parts and fittings for all the aforesaid goods; instructional manuals sold as a Issue 10 Monday March 10, 2014 253 Saint Lucia Government Gazette unit with the aforementioned goods and electronic instructional manuals downloadable from a global computer network; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coinoperated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fireextinguishing apparatus.) Saint Lucia Government Gazette 254 41 (Training services in the fields of networks, network system design, network operation, network maintenance, network testing, network protocols, network management, network engineering, computers, software, microprocessors and information technology; entertainment services, namely, organizing exhibitions for computer gaming, providing on-line computer games, and organizing community sporting and cultural events; providing on-line publications in the nature of magazines, newsletters, journals, books and brochures in the areas of photography, imaging and related goods and services; education services, namely, providing seminars, courses and tutorial sessions in the field of digital imaging via global computer networks; providing a database of digital images on-line for use by consumers; providing an on-line library of digital images which may be shared by users; photographic and image library services; computerized on-line education services, namely, providing classes, seminars, tutorial sessions, conferences and workshops in the field of computers, computer hardware, microprocessors, software and computer networks; computerized on-line training services in the field of computers, computer hardware, microprocessors, software and computer networks; educational services, namely, providing interactive tutorial sessions and courses in the nature of how-to guides, tips and techniques, expert guidance and advice, all relating to the purchase, use, care, maintenance, support, upgrading, updating and configuring of computer hardware, computer software, computer networks, teleconferencing and communications goods and services; educational services, namely, conducting classes, seminars, conferences and online educational forums in the field of computer and software use, navigation over global computer networks, computer science and technology, computer management, and distributing course materials in connection therewith; developing and disseminating educational materials designed to increase technology literacy among students; training services for network hardware and software; training services in the field of online business solutions; education; providing of training; entertainment; sporting and cultural activities.) 42 (Computer network management services, namely, monitoring of network systems for technical purposes; hosting of digital content on the internet; computer network monitoring services, Issue 10 Monday March 10, 2014 namely, providing information on the operation of computer networks; customization of web software, and computer user interface design for others; consulting services in the field of computers and wireless computing; providing temporary use of non-downloadable software for enhancing and providing realtime transfer, transmission, reception, processing and digitizing of audio and video graphics information; providing temporary use of non-downloadable software for processing, storage, retrieval, transmission, display, input, output, compressing, decompressing, modifying, broadcasting and printout of data; providing temporary use of non-downloadable software for ensuring the security of computer networks, for access control and security, and for use in protecting computer networks from data theft or damage by unauthorized users; providing temporary use of non-downloadable software for the development, maintenance, and use of local and wide area computer networks; providing temporary use of non- downloadable software for the receipt, display, and use of broadcast video, audio, and digital data signals; providing temporary use of non-downloadable software for creating, facilitating, and managing remote access to and communication with local area networks (LANS), virtual private networks (VPN), wide area networks (WANS) and global computer networks; providing temporary use of non-downloadable software for use in providing multiple user access to a global computer information network for searching, retrieving, transferring, manipulating and disseminating a wide range of information; providing temporary use of nondownloadable software tools for the facilitation of third party software applications; providing temporary use of nondownloadable software for wireless network communications; custom computer software and hardware development, design, and consulting services; designing and developing standards for others in the design and implementation of computer software, computer hardware and telecommunications equipment; providing customers and technicians with information relating to computer project management; scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.) Agent: Gordon, Gordon & Co. Priority claimed: January 31, 2013 San Marino SM-M-201300011 File No (210): TM/2013/ 000084 Mark name: INTEL LOOK INSIDE Applicant (730): Intel Corporattion Filing date (220): 13/03/2013 Class (511): 9 (Computers; handheld computers; minicomputers; computer hardware; integrated circuits; integrated circuit memories; integrated circuit chips; computer chip sets; semiconductor processors; semiconductor processor chips; Issue 10 Monday March 10, 2014 255 Saint Lucia Government Gazette semiconductor chips; microprocessors; printed circuit boards; printed circuits, namely integrated circuit boards, printed circuit boards and electrical circuit boards; electronic circuit boards; computer motherboards; computer memories; operating systems; microcontrollers; data processors; central processing units; semiconductor memory devices, namely, semiconductor memories and semiconductor memory units; software programmable processors; digital and optical microprocessors; computer peripherals; video circuit boards; audio circuit boards; audio-video circuit boards; video graphic accelerators; multimedia accelerators; video processors; videoprocessor boards; data memories; electronic security apparatus and surveillance apparatus, namely, computer hardware, computer chips and microprocessors optimized for electronic security surveillance; algorithm software programs for the operation and control of computers; computer operating system software; computer operating systems; computer system extensions, tools and utilities in the field of application software for connecting personal computers, networks, telecommunications apparatus and global computer network applications; computerized telecommunications and networking equipment consisting of operating system software; computer hardware and software for enhancing and providing real-time transfer, transmission, reception, processing and digitizing of audio and video graphics information; computer firmware, namely, computer operating system software, computer utility software and other computer software used to maintain and operate computer systems; computer installations; memory boards; personal digital assistants; portable and handheld electronic personal organizers; storage devices, namely, jump drives, flash drives and thumb drives; security systems for computer hardware and software, namely, firewalls, network access server hardware for creating and maintaining firewalls, virtual private network (VPN) computer hardware and computer server operating software for creating and maintaining firewalls; software for ensuring the security of computer networks; software for access control and security; computer hardware and software for use in protecting computer networks from data theft or damage by unauthorized users; components for computers; computer voice accelerator boards; computer voice, data, image and video accelerator boards; flash memory boards and flash memory cards; telecommunications equipment and computer networks, namely processing and operating systems; telecommunications apparatus and instruments, namely, computer routers, hubs, servers and switches; computer hardware and software for the development, maintenance, and use of local and wide area computer networks; set-top boxes; electronic control devices for the interface and control of computers and global computer and telecommunications networks with television and cable broadcasts and equipment; apparatus for testing and programming integrated circuits; computer peripheral memory apparatus and devices; fixed function computer servers; computer networking hardware; computer hardware and software for creating, facilitating, and managing remote access to and communication with local area networks (LANS), virtual private networks (VPN), wide Saint Lucia Government Gazette 256 Issue 10 Monday March 10, 2014 area networks (WANS) and global computer networks; router, switch, hub and server operating software; computer software and hardware for use in providing multiple user access to a global computer information network for searching, retrieving, transferring, manipulating and disseminating a wide range of information; computer software tools for the facilitation of third party software applications; computer hardware and software for wireless network communications; downloadable electronic publications in the nature of newsletters, books, magazines, journals, brochures and white papers in the area of electronics, semiconductors, integrated electronic apparatus and devices, computers, telecommunications, entertainment, telephony, and wired and wireless telecommunications; structural parts and fittings for all the aforesaid goods; instructional manuals sold as a unit with the aforementioned goods and electronic instructional manuals downloadable from a global computer network; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coinoperated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fireextinguishing apparatus.) 41 (Training services in the fields of networks, network system design, network operation, network maintenance, network testing, network protocols, network management, network engineering, computers, software, microprocessors and information technology; entertainment services, namely, organizing exhibitions for computer gaming, providing on-line computer games, and organizing community sporting and cultural events; providing on-line publications in the nature of magazines, newsletters, journals, books and brochures in the areas of photography, imaging and related goods and services; education services, namely, providing seminars, courses and tutorial sessions in the field of digital imaging via global computer networks; providing a database of digital images on-line for use by consumers; providing an on-line library of digital images which may be shared by users; photographic and image library services; computerized on-line education services, namely, providing classes, seminars, tutorial sessions, conferences and workshops in the field of computers, computer hardware, microprocessors, software and computer networks; computerized on-line training services in the field of computers, computer hardware, microprocessors, software and computer networks; educational services, namely, providing interactive tutorial sessions and courses in the nature of how-to guides, tips and techniques, expert guidance and advice, all relating to the purchase, use, care, maintenance, support, upgrading, updating and configuring of computer hardware, computer software, computer networks, teleconferencing and communications goods and services; educational services, namely, conducting Issue 10 Monday March 10, 2014 257 Saint Lucia Government Gazette classes, seminars, conferences and online educational forums in the field of computer and software use, navigation over global computer networks, computer science and technology, computer management, and distributing course materials in connection therewith; developing and disseminating educational materials designed to increase technology literacy among students; training services for network hardware and software; training services in the field of online business solutions; education; providing of training; entertainment; sporting and cultural activities.) 42 (Computer network management services, namely, monitoring of network systems for technical purposes; hosting of digital content on the internet; computer network monitoring services, namely, providing information on the operation of computer networks; customization of web software, and computer user interface design for others; consulting services in the field of computers and wireless computing; providing temporary use of non-downloadable software for enhancing and providing realtime transfer, transmission, reception, processing and digitizing of audio and video graphics information; providing temporary use of non-downloadable software for processing, storage, retrieval, transmission, display, input, output, compressing, decompressing, modifying, broadcasting and printout of data; providing temporary use of non-downloadable software for ensuring the security of computer networks, for access control and security, and for use in protecting computer networks from data theft or damage by unauthorized users; providing temporary use of non-downloadable software for the development, maintenance, and use of local and wide area computer networks; providing temporary use of non- downloadable software for the receipt, display, and use of broadcast video, audio, and digital data signals; providing temporary use of non-downloadable software for creating, facilitating, and managing remote access to and communication with local area networks (LANS), virtual private networks (VPN), wide area networks (WANS) and global computer networks; providing temporary use of non-downloadable software for use in providing multiple user access to a global computer information network for searching, retrieving, transferring, manipulating and disseminating a wide range of information; providing temporary use of nondownloadable software tools for the facilitation of third party software applications; providing temporary use of nondownloadable software for wireless network communications; custom computer software and hardware development, design, and consulting services; designing and developing standards for others in the design and implementation of computer software, computer hardware and telecommunications equipment; providing customers and technicians with information relating to computer project management; scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.) Agent: Gordon, Gordon & Co. Priority claimed: February 01, 2013 San Marino SM-M-201300013 Saint Lucia Government Gazette 258 Issue 10 Monday March 10, 2014 File No (210): TM/2013/ 000269 Mark name: GRANT THRONTON Applicant (730): Grant Thornton International Limited Filing date (220): 27/08/2013 Class (511): 35 (Advertising; accounting services, auditing; business management consultancy; tax planning; tax consulting and advisory services; personnel recruitment and personnel management; economic forecasting; consulting and advisory services relating to mergers, acquisitions, joint-ventures; market research services; risk management consultancy in the field of business; human resources consultancy; database management; business research and analysis; information and advisory services relating to all the aforesaid services; all the aforesaid services also provided on line, from a computer database, via the Internet, via mobile telephone and via other means of communication.) 36 (Insurance underwriting services for all types of insurance; insurance actuarial services; insurance agencies; financial affairs, namely life insurance settlement services, financial valuations, actuarial services, financial due diligence services, brokerage, financial advice, budget planning, financial analysis, management and advisory investment services in the field of auditing, accountancy, tax, stocks, bonds, financial risk management, intellectual property rights, investment fund transfer and transaction services; financial consultation in the field of auditing, accountancy, tax, stocks, bonds, intellectual property rights, investment fund transfer and transaction services, financial guarantees and financial portfolio analyses services; monetary affairs, namely, financial information, management and analysis services; real estate affairs, namely, assessment and management of real estate, real estate procurement for others, appraisal of real estate services, real estate appraisal, real estate valuation, real estate consultancy and tax appraisals; financial consulting and advisory services; financial management; risk management consultancy in the field of finance; consultancy, advisory and information services all relating to the aforementioned services; detective investigation services in relation to financial assets, tax, accounting, insolvency, financial matters and accounting and regulatory investigations; financial services; financial consulting and advisory services; financial valuations; actuarial services; risk management consultancy in the field of finance; information and advisory services relating to all the aforesaid services; all the aforesaid services also provided on line, from a computer database, via the Internet, via mobile telephone and via other means of communication.) 41 (Education services, namely, providing classes, symposiums, conferences, courses, seminars and workshops, in the fields of accounting, account auditing and business auditing, tax and taxation planning, actuarial services, financial services, financial valuations, financial insolvency, financial management, business consulting, conducting internal audits, risk management in Issue 10 Monday March 10, 2014 259 Saint Lucia Government Gazette relation to business, insurance, credit, finance, real estate and construction, information technology, privacy, fraud, fraud prevention and fraud detection, industry operational financial compliance regulatory and quality assurance audits, human resources, licensing of intellectual property, fraud prevention, design and development of computer hardware and software, legal issues in the nature regulatory compliance and workplace safety regulations, intellectual property rights, computer programming, computer systems analysis and computer network services, social services, arbitration, mediation and alternative dispute resolution, personal services, namely, personal injury and personal insolvency; providing of training in the nature of classes, symposiums, conferences, courses, seminars and workshops, in the fields of accounting, account auditing and business auditing, tax and taxation planning, actuarial services, financial services, financial valuations, financial insolvency, financial management, business consulting, conducting internal audits, risk management in relation to business, insurance, credit, finance, real estate and construction, information technology, privacy, fraud, fraud prevention and fraud detection, industry operational financial compliance regulatory and quality assurance audits, human resources, licensing of intellectual property, fraud prevention, design and development of computer hardware and software, legal issues in the nature of regulatory compliance and workplace safety regulations, intellectual property rights, computer programming, computer systems analysis and computer network services, social services, arbitration, mediation and alternative dispute resolution, personal services, namely, personal injury and personal insolvency; providing training in the form of classes, symposiums, conferences, courses, seminars and workshop available via the uploading, downloading, capturing, posting, showing, editing, playing, streaming viewing, previewing, displaying, tagging, bogging, sharing, distributing, publishing, reproducing of electronic media, multimedia content, videos, movies, pictures, images, text, photos, games, user-generated content, audio content, and information via the Internet or other computer and/or communications networks in the field of accounting, account auditing and business auditing, tax and taxation planning, actuarial services, financial services, financial valuations, financial insolvency, financial management, business consulting, conducting internal audits, risk management in relation to business, insurance, credit, finance, real estate and construction, information technology, privacy, fraud, fraud prevention and fraud detection, industry operational financial compliance regulatory and quality assurance audits, human resources, licensing of intellectual property, design and development of computer hardware and software, legal issues in the nature of regulatory compliance and workplace safety regulations, intellectual property rights, computer programming, computer systems analysis and computer network services, social services, arbitration, mediation and alternative dispute resolution, personal services, namely, personal injury and personal insolvency; entertainment; sporting and cultural activities namely, organizing community Saint Lucia Government Gazette 260 Issue 10 Monday March 10, 2014 sporting and cultural events, providing an internet website portal in the field of sporting and cultural events; education services, publishing services; training services; arranging and conducting of conferences and workshops; publishing services, namely, digital video, audio, and multimedia publishing services and book publishing services; providing news in the form of downloadable electronic media via the Internet or other computer and/or communications networks in the field of accounting, account auditing and business auditing, tax and taxation planning, actuarial services, financial services, financial valuations, financial insolvency, financial management, business consulting, conducting internal audits, risk management in relation to business, insurance, credit, finance, real estate and construction, information technology, privacy, fraud, fraud prevention and fraud detection, industry operational financial compliance regulatory and quality assurance audits, human resources, licensing of intellectual property, design and development of computer hardware and software, legal issues in the nature of regulatory compliance and workplace safety regulations, intellectual property rights, computer programming, computer systems analysis and computer network services, social services, arbitration, mediation and alternative dispute resolution, personal services, namely, personal injury and personal insolvency; arranging and conducting of educational conferences; information and advisory services relating to all the aforesaid services; all the aforesaid services also provided on line, from a computer database, via the Internet, via mobile telephone and via other means of communication.) 45 (Personal and social services rendered by others to meet the needs of individuals, namely, case management services in the nature of coordination of legal, social, and psychological services for domestically abused persons, financial insolvent persons, divorced persons, persons suffering from personal injury; security services for the protection of property and individuals, namely, private investigation, police protection services, personal security consultation, providing security assessments of physical locations, information systems, and working environments, conducting recovery operations for the recovery of property and personnel; legal services, intellectual property rights consultancy, licensing of trade marks, patents, copyright; licensing and evaluation, fraud prevention services; litigation support services; arbitration; mediation; alternative dispute resolution; investigation services; legal investigation services; private investigation services; information and advisory services relating to all the aforesaid services; all the aforesaid services also provided on line, from a computer database, via the Internet, via mobile telephone and via other means of communication.) Agent: Nicholas John & Co. ASCENSION File No (210): TM/2013/ 000344 Mark name: ASCENSION Issue 10 Monday March 10, 2014 261 Saint Lucia Government Gazette Applicant (730): Ascension Health Alliance Filing date (220): 29/10/2013 Class (511): 35 (Promoting public awareness of the need for emergency preparedness; management and operation of a health system comprised of hospitals, medical clinics, nursing homes, acute care facilities, long-term care facilities, wellness centers, congregate and assisted living facilities, outpatient surgery centers, urgent care centers imaging centers, cancer centers, rehabilitation centers, pharmacies, health and physical therapy centers, convalescent centers, heart centers, home healthcare, and hospice care centers; association services, namely, promoting the interests of medical patients and access to and growth of the healthcare industry; promoting public awareness of the transformation of healthcare, access to healthcare coverage for all, healthcare reform, health, disease prevention, health care cost containment, chronic disease management, health care, health care policy, and health care management; charitable services, namely, promoting collaboration among schools, community-based organizations, businesses, government, health and human services agencies, and community organizers and leader, to identify, advance and promote public awareness of the health-related needs of low income communities; charitable services, namely, promoting collaboration among non-profit, charitable, and community organizations to identify, advance and promoting public awareness of the health-related needs of low income communities; business development services, namely, providing start-up support in urban communities for business of others; providing business consulting to emerging and start-up companies; business consultation in the field of developing business plans; assisting others with the creation and development of business plans; medical referrals; referrals in the field of remote monitoring equipment; operation of telephone call centers including those that provide video contact for others in the field of healthcare information; customer services, namely, providing customer service and product inquiry services via telephone, email, and video conference for others in the field of healthcare information; providing customer service via telephone, email, and video conference for other in the field of healthcare information; consulting services in the field of workforce management; business organization and management consulting services in the field of health and healthcare management, namely, to identify assess, monitor, and improve the quality and reliability of practices, procedures, services and facilities; consulting services in the field of health and healthcare management, namely, to identify, access, monitor and improve the quality and reliability of medical practice management, business processes, business management services and medical facilities; assess, monitor, and improve the quality and reliability of practices, procedures, services and facilities; consulting services in the field of health and healthcare management, namely, to identify, assess, monitor and improve the quality and reliability of medical practice management, business processes, business management services and medical facilities; asset management Saint Lucia Government Gazette 262 Issue 10 Monday March 10, 2014 services, end of product life information and replacement costs all related to medical diagnostic, clinical and biomedical equipment; billing services in the field of healthcare; providing independent review of clinical trials for business purposes; business consulting and management in the field of clinical trials, namely, providing information management services; consulting in the fields of healthcare operations management and hospital operations management; new business venture development and formation consulting services; promoting public interest in education, recognition, career advancement, and leadership for elite managers and executives in corporations and professional services firms; business management consultation in the field of executive and leadership development in the health care field; charitable services, namely, organizing your groups to undertake projects to benefit the needy and the community to encourage leadership, character, compassion, and good citizenship; consulting services in business leadership development and business management; vendor management services for healthcare facilities; providing reimbursement benchmarking information and other market intelligence to healthcare organizations; promoting collaboration within the scientific, research and medical communities to achieve advances in the field of healthcare; healthcare management service organization (MSO) services, namely, providing practice organization, management and administrative support services to individual physicians or small group practices; promoting public awareness of birth trauma prevention and perinatal safety; administering pharmacy reimbursement programs and services.) 37 (Technical support services, namely, troubleshooting in the nature of repair of medical equipment and devices, remote monitoring equipment, mobile devices, telecommunications, ad personal technology devices; technical support services, namely, troubleshooting in the nature of repair of computer hardware; repair services for medical diagnostic imaging, clinical and biomedical equipment.) 44 (Providing Providing consulting and information in the field of emergency medical response for hospitals; healthcare services, namely, providing information in the field of healthcare ethics; telehealth services, namely, providing health care information by telephone; telehealth services, namely, monitoring the health of individuals utilizing electronic information and communications technology; monitoring the health of individuals utilizing electronic information and communication technology; disease management programs; health care services, namely, wellness programs; providing health information; consulting services in the field of health and wellness; health care services, namely, providing a Web-based platform in the field of chronic disease management that allows users to track, collect, record and analyze health, lifestyle, and personal biometric data; health services, namely, providing a database and educational materials in the field of chronic disease management, including but not limited to diabetes, congestive heart failure asthma COPD obesity and hypertension, and featuring inputting and collection of data and information for all treatment and diagnostic Issue 10 Monday March 10, 2014 263 Saint Lucia Government Gazette purposes; providing a website featuring information in the field of health and wellness; providing and Internet website for health care professionals and patients that allows for the exchange of information from remote locations using electronic patient monitoring devices that feed information to the web site that can be accessed in real-time by health care professionals for purposes of monitoring and diagnosing medical conditions; providing medical information, consultancy and advisory services; remote monitoring of data indicative of the health or condition of an individual or group of individuals; providing an Internet website portal featuring health and wellness information; wellness and health-related consulting services; healthcare information provided for others via telephone, email, and video conference; healthcare services, namely, providing healthcare facilities in the nature of hospitals, long-term care facilities, clinics, and wellness centers; providing healthcare services, hospices, management health care services, and health care in the nature of health maintenance organizations, and providing occupational and physical therapy and rehabilitation services, drug screening, physical examinations, nursing services, outpatient services, fitness centers for therapeutic use, women's healthcare services, surgery services, senior's healthcare services, diabetes diagnostic and treatment services, oncology diagnostic and treatment services, wound care, and emergency medical services; healthcare; clinical mental health counseling services; medical information services, namely, reporting of consumer authorized clinical testing results directly to the patient; healthcare and medical tourism services, namely, establishing and maintaining a healthcare provider network in other countries for the provision of healthcare services; healthcare services, namely, integrated healthcare services with a network of international healthcare providers; consulting services in the field of health and healthcare, namely, to reduce birth trauma, mitigate risk and improve patient safety outcomes; providing information in the field of obstetrics.) Agent: Natalie E.Glitzenhirn-Augustin File No (210): TM/2013/ 000345 Mark name: ASCENSION Applicant (730): Ascension Health Alliance Filing date (220): 29/10/2013 Class (511): 35 (Promoting public awareness of the need for emergency preparedness; management and operation of a health system comprised of hospitals, medical clinics, nursing homes, acute care facilities, long-term care facilities, wellness centers, congregate and assisted living facilities, outpatient surgery centers, urgent care centers imaging centers, cancer centers, rehabilitation centers, pharmacies, health and physical therapy centers, convalescent centers, heart centers, home healthcare, and hospice care centers; association services, namely, promoting the interests of medical patients and access to and growth of Saint Lucia Government Gazette 264 Issue 10 Monday March 10, 2014 the healthcare industry; promoting public awareness of the transformation of healthcare, access to healthcare coverage for all, healthcare reform, health, disease prevention, health care cost containment, chronic disease management, health care, health care policy, and health care management; charitable services, namely, promoting collaboration among schools, community-based organizations, businesses, government, health and human services agencies, and community organizers and leader, to identify, advance and promote public awareness of the health-related needs of low income communities; charitable services, namely, promoting collaboration among non-profit, charitable, and community organizations to identify, advance and promoting public awareness of the health-related needs of low income communities; business development services, namely, providing start-up support in urban communities for business of others; providing business consulting to emerging and start-up companies; business consultation in the field of developing business plans; assisting others with the creation and development of business plans; medical referrals; referrals in the field of remote monitoring equipment; operation of telephone call centers including those that provide video contact for others in the field of healthcare information; customer services, namely, providing customer service and product inquiry services via telephone, email, and video conference for others in the field of healthcare information; providing customer service via telephone, email, and video conference for other in the field of healthcare information; consulting services in the field of workforce management; business organization and management consulting services in the field of health and healthcare management, namely, to identify assess, monitor, and improve the quality and reliability of practices, procedures, services and facilities; consulting services in the field of health and healthcare management, namely, to identify, access, monitor and improve the quality and reliability of medical practice management, business processes, business management services and medical facilities; assess, monitor, and improve the quality and reliability of practices, procedures, services and facilities; consulting services in the field of health and healthcare management, namely, to identify, assess, monitor and improve the quality and reliability of medical practice management, business processes, business management services and medical facilities; asset management services, end of product life information and replacement costs all related to medical diagnostic, clinical and biomedical equipment; billing services in the field of healthcare; providing independent review of clinical trials for business purposes; business consulting and management in the field of clinical trials, namely, providing information management services; consulting in the fields of healthcare operations management and hospital operations management; new business venture development and formation consulting services; promoting public interest in education, recognition, career advancement, and leadership for elite managers and executives in corporations and professional services firms; business management consultation in the field of executive and leadership development in the health care field; charitable services, namely, organizing your groups to undertake Issue 10 Monday March 10, 2014 265 Saint Lucia Government Gazette projects to benefit the needy and the community to encourage leadership, character, compassion, and good citizenship; consulting services in business leadership development and business management; vendor management services for healthcare facilities; providing reimbursement benchmarking information and other market intelligence to healthcare organizations; promoting collaboration within the scientific, research and medical communities to achieve advances in the field of healthcare; healthcare management service organization (MSO) services, namely, providing practice organization, management and administrative support services to individual physicians or small group practices; promoting public awareness of birth trauma prevention and perinatal safety; administering pharmacy reimbursement programs and services.) Saint Lucia Government Gazette 266 37 (Technical support services, namely, troubleshooting in the nature of repair of medical equipment and devices, remote monitoring equipment, mobile devices, telecommunications, ad personal technology devices; technical support services, namely, troubleshooting in the nature of repair of computer hardware; repair services for medical diagnostic imaging, clinical and biomedical equipment.) 44 (Providing consulting and information in the field of emergency medical response for hospitals; healthcare services, namely, providing information in the field of healthcare ethics; telehealth services, namely, providing health care information by telephone; telehealth services, namely, monitoring the health of individuals utilizing electronic information and communications technology; monitoring the health of individuals utilizing electronic information and communication technology; disease management programs; health care services, namely, wellness programs; providing health information; consulting services in the field of health and wellness; health care services, namely, providing a Web-based platform in the field of chronic disease management that allows users to track, collect, record and analyze health, lifestyle, and personal biometric data; health services, namely, providing a database and educational materials in the field of chronic disease management, including but not limited to diabetes, congestive heart failure asthma COPD obesity and hypertension, and featuring inputting and collection of data and information for all treatment and diagnostic purposes; providing a website featuring information in the field of health and wellness; providing and Internet website for health care professionals and patients that allows for the exchange of information from remote locations using electronic patient monitoring devices that feed information to the web site that can be accessed in real-time by health care professionals for purposes of monitoring and diagnosing medical conditions; providing medical information, consultancy and advisory services; remote monitoring of data indicative of the health or condition of an individual or group of individuals; providing an Internet website portal featuring health and wellness information; wellness and health-related consulting services; healthcare information provided for others via telephone, email, and video conference; healthcare services, namely, providing Issue 10 Monday March 10, 2014 healthcare facilities in the nature of hospitals, long-term care facilities, clinics, and wellness centers; providing healthcare services, hospices, management health care services, and health care in the nature of health maintenance organizations, and providing occupational and physical therapy and rehabilitation services, drug screening, physical examinations, nursing services, outpatient services, fitness centers for therapeutic use, women's healthcare services, surgery services, senior's healthcare services, diabetes diagnostic and treatment services, oncology diagnostic and treatment services, wound care, and emergency medical services; healthcare; clinical mental health counseling services; medical information services, namely, reporting of consumer authorized clinical testing results directly to the patient; healthcare and medical tourism services, namely, establishing and maintaining a healthcare provider network in other countries for the provision of healthcare services; healthcare services, namely, integrated healthcare services with a network of international healthcare providers; consulting services in the field of health and healthcare, namely, to reduce birth trauma, mitigate risk and improve patient safety outcomes; providing information in the field of obstetrics.) Agent: Natalie E.Glitzenhirn-Augustin BIZLINE File No (210): TM/2013/ 000030 Mark name: BIZLINE Applicant (730): Canadian Imperial Bank of Commerce Filing date (220): 30/01/2013 Class (511): 36 (Financial services including credit card services.) Agent: Nicholas John & Co. File No (210): TM/2013/ 000085 Mark name: NISMO NISMO Applicant (730): Nissan Jidosha Kabushiki Kaisha (also trading as Nissan Motor Co. Ltd.) Filing date (220): 12/03/2013 Class (511): 12 (Vehicles for locomotion by land, air, water or rail; Automobiles; Electric vehicles; Wagons; Trucks; Vans [vehicles]; Sport utility vehicles; Motor buses; Recreational vehicles (RV); Sports cars; Racing cars; Lorries; Fork lift trucks; Tractors including towing tractors; Trailers and semi-trailers for vehicles; Parts of land, air and water vehicles; Apparatus for locomotion by land, air or water; Engines for land vehicles; Motors for land vehicles; Bodies for vehicles; Vehicle chassis; Transmissions, for land vehicles; Transmission parts of land vehicles; Transmission shafts for land vehicles; Gears for land vehicles; Clutches for land vehicles; Axles for vehicles; Suspension shock absorbers Issue 10 Monday March 10, 2014 267 Saint Lucia Government Gazette for vehicles; Shock absorbing springs for vehicles; Vehicle wheels; Tyres for vehicle wheels; Hubs for vehicle wheels; Adhesive rubber patches for repairing tyre inner tubes; Brakes for vehicles; Brake pads for automobiles; Windscreens; Wipers for vehicles; Vehicle bumpers; Steering for land vehicles; Horns for vehicles; Direction signals for vehicles; Vehicle seats; Safety belts for vehicle seats; Head-rests for vehicle seats; Reversing alarms for vehicles; Anti-theft devices for vehicles; Air bags [safety devices for automobiles]; Rearview mirrors; Tailboard lifts [parts of land vehicles]; Spoilers for vehicles; Luggage carriers for vehicles; Mud-guards; Anti-skid chains; Vehicle covers [shaped]; Covers (Seat -) for vehicles; Air pumps [vehicle accessories]; Ski carriers for vehicles; Cigar lighters for automobiles; Safety seats for children, for vehicles; Space vehicles; Aeroplanes; Seaplanes; Aircraft; Carts; Motorcycles; Boats; Ferry boats; Ships; Yachts; Bicycles; Cycle bells; Cycle chains; Motors for cycles; Cycle saddles; Cycle mudguards.) Agent: Gordon, Gordon & Co. File No (210): TM/2013/ 000173 Mark name: VEZEL Applicant (730): HONDA MOTOR CO., LTD. VEZEL Filing date (220): 25/06/2013 Class (511): 12 (Automobiles and their parts and fittings; vessels and their parts and fittings; aircraft and their parts and fittings; twowheeled motor vehicles and their parts and fittings; bicycles and their parts and fittings; non-electric prime movers for land vehicles (not including "their parts"); machine elements for land vehicles.) Agent: Gordon, Gordon & Co Priority claimed: December 28, 2012 Japan 2012-105959 Saint Lucia Government Gazette 268 Issue 10 Monday March 10, 2014 Issue 10 Monday March 10, 2014 269 Saint Lucia Government Gazette Saint Lucia Government Gazette 270 Issue 10 Monday March 10, 2014 FirstCaribbean International Bank (Barbados) Limited St. Lucia Branch SUMMARISED FInAnCIAL StAtEMEntS For the Year ended October 31, 2013 (expressed in thousands of Eastern Caribbean dollars) INDEPENDENT AUDITORS’ REPORT STATEMENT OF LOSS To the shareholders of FirstCaribbean International Bank (Barbados) Limited – St Lucia Branch We have audited the accompanying financial statements of FirstCaribbean International Bank (Barbados) Limited – St. Lucia Branch (the “Branch”) which comprise the statement of financial position as of October 31, 2013 and the statement of loss, statement of comprehensive loss, statement of changes in head office account and statement of cash flows for the year then ended and a summary of significant accounting policies and other explanatory notes. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with an alternative basis of accounting as outlined in Note 2 and for internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors’ Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with International Standards on Auditing. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors’ judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 2013 $ 2012 $ Interest and similar income Interest and similar expense 67,465 30,200 62,915 30,931 Net interest income Operating income 37,265 14,346 31,984 14,289 51,611 46,273 41,028 39,937 28,460 24,450 80,965 52,910 (29,354) (6,637) 1,738 3,148 (31,092) (9,785) 2013 $ 2012 $ (31,092) (9,785) Other comprehensive loss, net of tax: Net loss on available-for-sale investment securities (1,790) (130) Total other comprehensive loss for the year, net of tax (1,790) (130) (32,882) (9,915) Operating expenses Loan loss impairment Loss before taxation Tax expense Net loss for the year STATEMENT OF COMPREHENSIVE LOSS Net loss for the year Comprehensive loss for the year Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of FirstCaribbean International Bank (Barbados) Limited – St. Lucia Branch as at October 31, 2013, and its financial performance and its cash flows for the year then ended in accordance with the basis of accounting as described in Note 2. CHARTERED ACCOUNTANTS Barbados December 20, 2013 The above information is an extract from the full financial statements within the meaning of the related banking Act and the full financial statements can be inspected on request. Issue 10 Monday March 10, 2014 271 Saint Lucia Government Gazette FirstCaribbean International Bank (Barbados) Limited St. Lucia Branch SUMMARISED FInAnCIAL StAtEMEntS For the Year ended October 31, 2013 (expressed in thousands of Eastern Caribbean dollars) STATEMENT OF FINANCIAL POSITION 2013 $ 2012 $ 66,012 199,998 54,179 13,763 113,238 797,951 7,292 15,940 5,770 66,773 1,371 252,501 13,470 114,805 679,548 8,696 15,459 5,174 TOTAL ASSETS 1,274,143 1,157,797 LIABILITIES Customer deposits Other liabilities Retirement benefit obligations 1,196,747 82,389 1,284 1,069,928 60,357 907 TOTAL LIABILITIES 1,280,420 1,131,192 32,550 (38,827) 34,340 (7,735) (6,277) 26,605 1,274,143 1,157,797 ASSETS Cash and balances with Central Bank Due from banks Other assets Taxation recoverable Investment securities Loans and advances to customers Deferred tax asset Property and equipment Retirement benefit assets HEAD OFFICE ACCOUNT Reserves Due from Head Office TOTAL HEAD OFFICE ACCOUNT TOTAL LIABILITIES AND HEAD OFFICE ACCOUNT Approved by the Board of Directors on December 20, 2013 STATEMENT OF CASH FLOWS 2013 $ 2012 $ (29,354) 39,937 2,630 (6,637) 24,450 2,308 13,213 20,121 Changes in operating assets and liabilities: Increase in due from banks Decrease/(increase) in other assets (Increase)decrease in loans and advances to customers Increase in customer deposits Increase/(decrease) in other liabilities (301) 197,659 (158,340) 126,819 22,409 (2,131) (15,007) 57,881 8,641 (26,933) Net cash from operating activities 201,459 42,572 Cash flows from investing activities Purchase of property and equipment Purchases of investment securities Proceeds from sale of investment securities (3,111) (67,116) 66,333 (6,384) (119,757) 71,508 Net cash used in investing activities (3,894) (54,633) Net increase/(decrease) in cash and cash equivalents for the year 197,565 (12,061) 35,646 47,707 233,211 35,646 Cash flows from operating activities Loss before taxation Loan loss impairment Depreciation on property and equipment Net cash flows from operating income before changes in operating assets and liabilities Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Rik Parkhill Director Donna Wellington Managing Director STATEMENT OF CHANGES IN HEAD OFFICE ACCOUNT Reserves Due to Head Office Total 34,470 2,050 36,520 (130) (9,785) (9,915) Balance at October 31, 2012 34,340 (7,735) 26,605 Total comprehensive loss for the year (1,790) (31,092) (32,882) Balance at October 31, 2013 32,550 (38,827) (6,277) Balance at October 31, 2011 Total comprehensive loss for the year The above information is an extract from the full financial statements within the meaning of the related banking Act and the full financial statements can be inspected on request. Saint Lucia Government Gazette 272 Issue 10 Monday March 10, 2014 Issue 10 Monday March 10, 2014 273 Saint Lucia Government Gazette Saint Lucia Government Gazette 274 Issue 10 Monday March 10, 2014 SAINT LUCIA IN THE MATTER of the Land Acquisition Ordinance Chapter 5.04. and IN THE MATTER of a Notification by the Governor General, acting on the advice of Cabinet that part of certain parcels of land situate at Thomazo, Quarter of Dennery in the island of Saint Lucia are likely to be acquired for a public purpose. NOTIFICATION WHEREAS it is enacted by section 4 of the Land Acquisition Ordinance Chapter 5.04 that if it appears to the Governor General acting on the advice of Cabinet that any land is likely to be required for a public purpose and it is necessary to make a preliminary survey or other investigation of the lands she may cause a Notification to that effect to be published in the Gazette. AND WHEREAS it is considered by the Governor General acting on the advice of Cabinet, that part of certain parcels of land situated at Thomazo, in the Quarter of Dennery is likely to be required for a public purpose to wit: Road Drainage and Bridge Construction. NOW THEREFORE, it is hereby notified by the Governor General acting in accordance with the advice of Cabinet, that part of certain parcels of land mentioned in the schedule hereto is likely to be required for a public purpose, to wit: Road Drainage and Bridge Construction. SCHEDULE The Parcels likely to be acquired for Drainage and Bridge Construction at Thomazo, in the Quarter of Dennery is as follows: : BLOCK & PARCEL OWNERSHIP 1439B 2 Cyril Matthew 1439B 72 Agatha Daniel 1439B 74 Fernand Baron Xavier 1439B 75 St. Mart George 1439B 77 Leon Lucien 1/2 share John Sylvester Lucien 1/2 share 1439B 247 Fergus Daniel as Administrator of the Estate of Louis Daniel Together with any other easements which may be necessary. Dated this 14th day of February, 2014. Secretary to Cabinet. [ First Publication ] Issue 10 Monday March 10, 2014 275 Saint Lucia Government Gazette SAINT LUCIA IN THE MATTER of the Land Acquisition Ordinance Chapter 5.04. and IN THE MATTER of a Notification by the Governor General, acting on the advice of Cabinet that part of certain parcels of land situate at Grass Street, Quarter of Castries in the island of Saint Lucia are likely to be acquired for a public purpose. NOTIFICATION WHEREAS it is enacted by section 4 of the Land Acquisition Ordinance Chapter 5.04 that if it appears to the Governor General acting on the advice of Cabinet that any land is likely to be required for a public purpose and it is necessary to make a preliminary survey or other investigation of the lands she may cause a Notification to that effect to be published in the Gazette. AND WHEREAS it is considered by the Governor General acting on the advice of Cabinet, that part of certain parcels of land situated at Grass Street, in the Quarter of Castries is likely to be required for a public purpose to wit: Grass Street Development Project. NOW THEREFORE, it is hereby notified by the Governor General acting in accordance with the advice of Cabinet, that part of certain parcels of land mentioned in the schedule hereto is likely to be required for a public purpose, to wit: Grass Street Development Project. SCHEDULE The Parcels likely to be acquired for Grass Street Development Project are as follows: : BLOCK & PARCEL OWNERSHIP 0848E 996 Ominis Phillip Jules 0848E 688 & 687 John Lebrun 0848E 686 Ignatius Bernard St Ville & Irma St Ville in Community 0848E 685 Court Excelsior No. 8149 of the Ancient Order of Foresters Friendly Society 0848E 684 Peter Raynald 0848E 683 Heirs of Adrian Ferdinand 0848E 682 Claudis Edgar 0848E 681 Marie Felicite Euphemie Dupre 0848E 680 & 679 Lucy Joseph 0848E 678 Carleen Theresa Jules 0848E 676 Denis St Louis Together with any other easements which may be necessary. Dated this 25th day of February, 2014. Secretary to Cabinet. [ First Publication ] Saint Lucia Government Gazette 276 Issue 10 Monday March 10, 2014 IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/1039 BETWEEN: (1) BANK OF SAINT LUCIA LIMITED No. 1 Bridge Street, Castries, Saint Lucia Claimants and (1) IMRAN DUPLESSIS (2) AGATHA DUPLESSIS (3) The Heirs of ANTONIUS DUPLESSIS All of Grande Riviere, Gros Islet, Saint Lucia TO: Defendants (1) IMRAN DUPLESSIS (2) AGATHA DUPLESSIS (3) The Heirs of ANTONIUS DUPLESSIS whose last known address was Grande Riviere, Gros Islet, Saint Lucia NOTICE TAKE NOTICE that an action has been commenced against you in the High Court of Justice (Saint Lucia) No. SLUHCV2013/1039 by THE BANK OF SAINT LUCIA LIMITED in which the Claimants claim a specified sum. AND service of the Notice of the Claim Form and notice of all proceedings in this action be effected by this advertisement in two (2) consecutive issues of the Local Newspaper circulating in Saint Lucia and in two (2) consecutive issues of the Official Gazette. AND the Claim Form and Statement of Claim can be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia or at the Chambers of Francis & Antoine, 1st Floor Financial Centre, Bridge Street, Castries, Saint Lucia. IF YOU DESIRE to defend the said action or to be heard you must within Twenty-eight (28) days of the last publication of this advertisement file an Acknowledgement of Service at the Registry of the High Court of Justice, Peynier Street, Castries, Saint Lucia. IN DEFAuLT of filing such Acknowledgement of Service within the time stipulated, the Court may hear the case in your absence without further notice and Judgment may be granted in favour of the Claimants. Dated the day of January, 2014 TM Antoine Partners Per: Thaddeus M Antoine Of Counsel for the Claimants This Notice is being filed on behalf of the Claimant's whose address for service is: T M ANrOINE Partners, Chambers, Suite 1, 2nd Floor, No. 4 Bridge Street, Castries, Saint Lucia; Telephone 453-2000; Fax: 453-2100; E-mail: tmantoine@fachambers.com. The Court Office is at Peynier Street, Castries, Saint Lucia; Telephone (758) 453-1916; Fax: (758) 453-2071. The Office is open between 9:00 a.m. and 2:00p.m. Mondays to Thursdays and 9:00a.m. to 3:00p.m. on Fridays except public holidays. The Office can also be contacted via E-mail at stluhco@eccourts.org [ First Publication ] Issue 10 Monday March 10, 2014 277 Saint Lucia Government Gazette IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/1071 BETWEEN: (1) BANK OF SAINT LUCIA LIMITED No. 1 Bridge Street, Castries, Saint Lucia Claimants and (1) MERLISA DIDIER Beausejour, Gros Islet, Saint Lucia (2) CHRIS SMITH Beausejour, Gros Islet, Saint Lucia Defendants TO: (1) MERLISA DIDIER and (2) CHRIS SMITH whose last known address was Beausejour, Gros Islet, Saint Lucia NOTICE TAKE NOTICE that an action has been commenced against you in the High Court of Justice (Saint Lucia) No. SLUHCV2013/1071 by THE BANK OF SAINT LUCIA LIMITED in which the Claimants claim a specified sum. AND service of the Notice of the Claim Form and notice of all proceedings in this action be effected by this advertisement in two (2) consecutive issues of the Local Newspaper circulating in Saint Lucia and in two (2) consecutive issues of the Official Gazette. AND the Claim Form and Statement of Claim can be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia or at the Chambers of Francis & Antoine, 1st Floor Financial Centre, Bridge Street, Castries, Saint Lucia. IF YOU DESIRE to defend the said action or to be heard you must within Twenty-eight (28) days of the last publication of this advertisement file an Acknowledgement of Service at the Registry of the High Court of Justice, Peynier Street, Castries, Saint Lucia. IN DEFAuLT of filing such Acknowledgement of Service within the time stipulated, the Court may hear the case in your absence without further notice and Judgment may be granted in favour of the Claimants. Dated the 04th day of February, 2014 TM Antoine Partners Per: Thaddeus M Antoine Of Counsel for the Claimants This Notice is being filed on behalf of the Claimant's whose address for service is: T M ANrOINE Partners, Chambers, Suite 1, 2nd Floor, No. 4 Bridge Street, Castries, Saint Lucia; Telephone 453-2000; Fax: 453-2100; E-mail: tmantoine@fachambers.com. The Court Office is at Peynier Street, Castries, Saint Lucia; Telephone (758) 453-1916; Fax: (758) 453-2071. The Office is open between 9:00 a.m. and 2:00p.m. Mondays to Thursdays and 9:00a.m. to 3:00p.m. on Fridays except public holidays. The Office can also be contacted via E-mail at stluhco@eccourts.org [ First Publication ] Saint Lucia Government Gazette 278 Issue 10 Monday March 10, 2014 IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) SAINT LUCIA CLAIM NO.: SLUHCV 2012/0895 BETWEEN: (1) BENNET PETER also known as BENNETTE PETER Praslin, Micoud Claimant and TO: (1) MAURICE JEAN BAPTISTE Ravineau, Choiseul (2) CHAD BAPTISTE (3) CHARDEN BAPTISTE Defendants MAURICE JEAN BAPTISTE NOTICE TAKE NOTICE that the Claimant in this matter has applied to the High Court of Justice for Assessment of Damages in the instant Claim. SERVICE is hereby being effected upon you (pursuant to Rules 6.1, 6.2 and 5.13 of CPR 2000), via two consecutive advertisements in a newspaper circulating in Saint Lucia and the Official Gazette; of the Notice of Application, Affidavit in Support and Certificate of Exhibits. IF YOU DESIRE to participate in the Assessment of Damages, you may file an Affidavit in Answer at the Court Office, Peynier Street, Castries and attend the hearing which is set for the 20th day of May, 2014 at the said High Court. Even though you do not file an Affidavit in Answer, you are entitled to attend the hearing and make oral representations. If you fail to file an Affidavit in Answer or attend the hearing of the Assessment, the Court may deal with the matter in your absence. Dated the 4th day of March, 2014 Lydia B. Faisal Legal Practitioner for the Claimant The court office is at Peynier Street Castries Saint Lucia. Telephone number 453-1916 Fax 453-2071. The Office is open between 9:00 am and 2:00pm Mondays to Thursdays and 9:00am to 3:00pm on Fridays except Public Holidays. The Office can also be contacted via Email at stluhco@eccourts.org.The Claimant's address for service is: Lydia B. Faisal's Chambers. NO.12-16 Lamar Building, 1st Floor. Suite No.4. Bridge Street, Castries, Saint Lucia. Tel: (758) 451-7773/8883. Fax 451-7373. Email: Iydiafaisal@hotmail.com. [ First Publication Only ] Issue 10 Monday March 10, 2014 279 Saint Lucia Government Gazette IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2000/0070 BETWEEN: (1) FIRST CARIBBEAN INTERNATIONAL BANK (BARBADOS) LIMITED formerly CIBC CARIBBEAN LIMITED Claimant and TO: (1) BENJAMIN PAUL Defendant BENJAMIN PAUL NOTICE TAKE NOTICE that an action has been commenced against you in the High Court of Justice (Saint Lucia) Claim No. SLUHCV2000/0070 by FirstCaribbean International Bank (Barbados) Limited formerly CIBC Caribbean Limited in which the Claimant desires to vary the upset price. SERVICE pursuant to Rule 6.2(a) and 5.13 CPR 2000 of the Notice of Application to Vary Upset Price in this action will be effected on you by advertisement in two publications in a newspaper circulating in Saint Lucia and two issues of the Official Gazette. AND take notice that the hearing of the Application on the part of the Claimant for an Order to vary an upset price shall be heard on Wednesday the 4th day of June, 2014 at the High Court of Justice, Peynier Street, in the City of Castries at 9 o'clock in the forenoon. Dated the 3rd day of March, 2014 FLOISSAC FLEMING & ASSOCIATES Per: Cheryl C Goddard-Dorville Legal Practitioner for the Claimant The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-1917. The office is open between 9:00 a.m. and 2:00 p.m. on Mondays to Thursdays and between 9:00a.m to 3:00p.m on Fridays expect public holidays. This Notice is filed by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: ffa@candw.lc [ First Publication ] Saint Lucia Government Gazette 280 Issue 10 Monday March 10, 2014 IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2008/0377 BETWEEN: (1) FIRST CARIBBEAN INTERNATIONAL BANK (BARBADOS) LIMITED Claimant and TO: KENNEDY CHARLES Defendant KENNEDY CHARLES whose last known address was Mon Repos, Micoud NOTICE TAKE NOTICE that the Judgment Creditor FIRSTCARIBBEAN INTERNATIONAL BANK (BARBADOS) LIMITED has filed an Application in the High Court of Justice, Saint Lucia, to Fix an Upset Price for the sale of the immovable property owned by you and situate at Praslin in the Registration Quarter of Micoud and registered as Parcel Number 1831 B 302. The Application will come on for hearing at the High Court of Justice, Peynier Street, Castries on Wednesday the 19th day of March, 2014 at 9:00 am. AND THAT pursuant to CPR 2000 Part 5.13 service of the said Application is effected on you by advertisements of this NOTICE in two (2) consecutive issues of a local Newspaper circulating in Saint Lucia and two (2) consecutive issues of the official Gazette of Saint Lucia. AND FURTHER TAKE NOTICE that if you fail to attend the hearing the Application will be heard and an Order made in your absence. Dated the 15th day of January, 2014 Peter Foster & Associates Per: Shellone I Surage Legal Practitioner for the Claimant Presented for filing by: Peter I. Foster & Associates. Legal Practitioners for the Claimant. whose address for service is: Chambers. Suite No.1. 1st Floor. 25 Brazil Street, Castries. St. Lucia. West Indies. Tel. No.: 758 453-1100. Fax No.: 758 452- 4940, E-mail: contact@piflaw. com. The Court Office is at Peynier Street, Castries, Tel. No. 758 453-1916. Fax No. 758453-2071. The Office is open between 9:00 a.m. and 2:00 p.m. Monday to Thursday and between 9:00 a.m. and 3:00 p.m. on Friday except public holidays. Email: stluhco@eccourts.org. [ Second Publication ] Issue 10 Monday March 10, 2014 281 Saint Lucia Government Gazette IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/0932 BETWEEN: (1) THE BANK OF NOVA SCOTIA Petitioner and PIZZA! PIZZA! LIMITED Respondent NOTICE TAKE NOTICE that a Petition for the winding up of Pizza! Pizza! Limited, Company No. 024/1998 whose registered office is Rodney Bay, Gros Islet, was filed on the 5th day of November 2013 by The Bank of Nova Scotia of 6 William Peter Boulevard, Castries, St. Lucia. AND take notice that the hearing of the Petition for the winding up of Pizza! Pizza! Limited shall be heard in open court on Monday the 30th day of June 2014 at the High Court of Justice, Peynier Street, in the city of Castries at 9 0' clock in the forenoon. IF YOU desire to appear at the hearing of the said Petition to support or oppose the Petition, you must file and serve a notice of intention to do so before the date of the hearing of the Petition. THE Petition can be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia. Dated the 19th day of February, 2014 FLOISSAC FLEMING & ASSOCIATES Per: Michael DuBoulay Legal Practitioner for the Petitioner The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-2071, E-mail sduhco@eccourts.org. The office is open between 9:00a.m and 2:00p.m. on Monday to Thursday and between 9:00a.m. to 3:00p.m. on Friday except public holidays. This Notice is f.tled by Floissac Fleming & Associates, Solicitors for the Petitioner, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com [ Second Publication ] Saint Lucia Government Gazette 282 Issue 10 Monday March 10, 2014 IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/0933 BETWEEN: (1) THE BANK OF NOVA SCOTIA Petitioner and SINEAD INVESTMENTS LIMITED Respondent NOTICE TAKE NOTICE that a Petition for the winding up of Sinead Investments Limited, Company No. 121/1998 whose registered office is Cap Estate, Gros Islet, was filed on the 5th day of November 2013 by The Bank of Nova Scotia of 6 William Peter Boulevard, Castries, St. Lucia. AND take notice that the hearing of the Petition for the winding up of Sinead Investments Limited shall be heard in open court on Monday the 30th day of June 2014 at the High Court of Justice, Peynier Street, in the city of Castries at 9 0' clock in the forenoon. IF YOU desire to appear at the hearing of the said Petition to support or oppose the Petition, you must file and serve a notice of intention to do so before the date of the hearing of the Petition. THE Petition can be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia. Dated the 19th day of February, 2014 FLOISSAC FLEMING & ASSOCIATES Per: Michael DuBoulay Legal Practitioner for the Petitioner The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-2071, E-mail sduhco@eccourts.org. The office is open between 9:00a.m and 2:00p.m. on Monday to Thursday and between 9:00a.m. to 3:00p.m. on Friday except public holidays. This Notice is f.tled by Floissac Fleming & Associates, Solicitors for the Petitioner, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com [ Second Publication ] Issue 10 Monday March 10, 2014 283 Saint Lucia Government Gazette IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/0934 BETWEEN: (1) THE BANK OF NOVA SCOTIA Petitioner and CHARTHOUSE RESTAURANT LIMITED Respondent NOTICE TAKE NOTICE that a Petition for the winding up of Charthouse Restaurant Limited, Company No. 151/1998 whose registered office is Rodney Bay, Gros Islet, was filed on the 5th day of November 2013 by The Bank of Nova Scotia of 6 William Peter Boulevard, Castries, St. Lucia. AND take notice that the hearing of the Petition for the winding up of Charthouse Restaurant Limited shall be heard in open court on Monday the 30th day of June 2014 at the High Court of Justice, Peynier Street, in the city of Castries at 9 0' clock in the forenoon. IF YOU desire to appear at the hearing of the said Petition to support or oppose the Petition, you must file and serve a notice of intention to do so before the date of the hearing of the Petition. THE Petition can be viewed at the High Court Office at Peynier Street, Castries, Saint Lucia. Dated the 19th day of February, 2014 FLOISSAC FLEMING & ASSOCIATES Per: Michael DuBoulay Legal Practitioner for the Petitioner The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-2071, E-mail sduhco@eccourts.org. The office is open between 9:00a.m and 2:00p.m. on Monday to Thursday and between 9:00a.m. to 3:00p.m. on Friday except public holidays. This Notice is f.tled by Floissac Fleming & Associates, Solicitors for the Petitioner, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com [ Second Publication ] Saint Lucia Government Gazette 284 Issue 10 Monday March 10, 2014 IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/0824 BETWEEN: (1) 1st NATIONAL BANK ST. LUCIA LIMITED Claimant and MICHAEL MARTIN FRANCIS Defendant JUDGMENT IN DEFAULT OF ACKNOWLEDGMENT OF SERVICE (Rule 12.4, CPR 2000) NO ACKNOWLEDGMENT OF SERVICE, having been filed by the Defendant herein, it is this day adjudged that the Defendant do pay to the Claimant the sum of EC$715,064.01 together with interest continuing on $543,865.24 at the rate of 9% per annum from 20th July 2013 until date of payment and costs in the sum of $3,010.50. Dated this 21st day of January, 2014 BY THE COURT Registrar The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-2071, E-mail sduhco@eccourts.org. The office is open between 9:00a.m and 2:00p.m. on Monday to Thursday and between 9:00a.m. to 3:00p.m. on Friday except public holidays. This Notice is f.tled by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com [ Second Publication ] Issue 10 Monday March 10, 2014 285 Saint Lucia Government Gazette IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/0823 BETWEEN: (1) 1st NATIONAL BANK ST. LUCIA LIMITED Claimant and LUCIA CLARKE Defendant JUDGMENT IN DEFAULT OF ACKNOWLEDGMENT OF SERVICE (Rule 12.4, CPR 2000) NO ACKNOWLEDGMENT OF SERVICE, having been filed by the Defendant herein, it is this day adjudged that the Defendant do pay to the Claimant the sum of EC$281,312.25 together with interest continuing on $261,598.98 at the rate of 10% per annum from 20th July 2013 until date of payment and costs in the sum of $2,510.50. Dated this 17th day of January, 2014 BY THE COURT Registrar The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-2071, E-mail sduhco@eccourts.org. The office is open between 9:00a.m and 2:00p.m. on Monday to Thursday and between 9:00a.m. to 3:00p.m. on Friday except public holidays. This Notice is f.tled by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com [ Second Publication ] Saint Lucia Government Gazette 286 Issue 10 Monday March 10, 2014 IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2013/0801 BETWEEN: (1) 1st NATIONAL BANK ST. LUCIA LIMITED Claimant and STEPHEN PAUL Defendant JUDGMENT IN DEFAULT OF ACKNOWLEDGMENT OF SERVICE (Rule 12.4, CPR 2000) NO ACKNOWLEDGMENT OF SERVICE, having been filed by the Defendant herein, it is this day adjudged that the Defendant do pay to the Claimant the sum of EC$76,034.63 together with interest continuing on $64,996.64 at the rate of 14% per annum from 19th July 2013 until date of payment and costs in the sum of $2,010.50. Dated this 17th day of January, 2014 BY THE COURT Registrar The court office is at Peynier Street, Castries, Saint Lucia telephone number 453-1916, Fax 453-2071, E-mail sduhco@eccourts.org. The office is open between 9:00a.m and 2:00p.m. on Monday to Thursday and between 9:00a.m. to 3:00p.m. on Friday except public holidays. This Notice is f.tled by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com [ Second Publication ] Issue 10 Monday March 10, 2014 287 Saint Lucia Government Gazette IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 2005/0475 BETWEEN: (1) ROYAL BANK OF CANADA Claimant and BEFORE : (1) NORMAN ST. VILLE (2) SHARON ST. VILLE (nee Charles) Defendants Her Ladyship, the Honourable Justice Marlene Carter (Ag) (A JUDGE IN CHAMBERS) APPEARANCES: Michael DuBoulay of Counsel for the Claimant No appearance of Counsel for the Defendant PRESENT: Claimant's representative, Sharon Augustin. DATED: The 30th day of October, 2013 ENTERED: The 6th day of January, 2014 NOTICE UPON THE CLAIM filed herein coming on for hearing AND UPON HEARING COUNSEL for the Claimant that the Defendants had not been served with Notice of Hearing. IT IS HEREBY ORDERED The matter is adjourned to the 19th March, 2014 for service on the Defendant BY THE COURT Registrar This Order is filed by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com The court office is at Peynier Street, Castries, Saint Lucia telephone number 453- 1916, Fax 453-2071. The office is open between 9:00a.m. and 2:00p.m. on Monday to Thursday and between 9:00am to 3:00pm on Fridays except public holidays. The office can be contacted also via email at stluhco@eccourts.org. [ Second Publication ] Saint Lucia Government Gazette 288 Issue 10 Monday March 10, 2014 IN THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NO.: SLUHCV 1998/0226 BETWEEN: (1) 1st NATIONAL BANK ST. LUCIA LIMITED formerly known as SAINT LUCIA CO-OPERATIVE BANK LIMITED Claimant and (1) ANTHONY EDWARD (2) BERTHALINA EDWARD BEFORE : Her Ladyship, the Honourable Justice Rosalyn E. Wilkinson (A JUDGE IN CHAMBERS) DATED: The 5th day of February, 2014 ENTERED: The 13th day of February, 2014 Defendants ORDER AND UPON THIS MATTER being determined without hearing pursuant to Rule 11.14 of Civil Procedure Rule 2000. UPON THE APPLICATION TO ISSUE Writ of Seizure and Sale of Immovable Property after 6 years from Entry of Judgment filed herein. IT IS HEREBY ORDERED (1) That the Claimant/Applicant be and is hereby granted permission to issue a writ of execution against: (a) Block 1450B Parcel 247 BY THE COURT Registrar This Order is filed by Floissac Fleming & Associates, Solicitors for the Claimant, Cnr. Brazil and Mongiraud Streets, Castries, Saint Lucia, Tel: 452-2887/452-3250, Fax 453-1496, Email: info@floissaclawyers.com The court office is at Peynier Street, Castries, Saint Lucia telephone number 453- 1916, Fax 453-2071. The office is open between 9:00a.m. and 2:00p.m. on Monday to Thursday and between 9:00am to 3:00pm on Fridays except public holidays. The office can be contacted also via email at stluhco@eccourts.org. [ Second Publication ] Issue 10 Monday March 10, 2014 289 Saint Lucia Government Gazette EASTERN CARIBBEAN SUPREME COURT CRIMINAL PROCEDURE RULES PRACTICE DIRECTION No. 1 of 2014 PRISON VIDEO LINK This Practice Direction is made pursuant to Rule 1.1 of the Criminal Procedure Rules 2008. 1. PURPOSE 1.1 The purpose of this Practice Direction is to establish the procedure for the use of the prison video link (PVL) in criminal proceedings conducted in Saint Lucia. PVL will use technology that allows one or more persons to participate remotely in Court proceedings from a prison. This will result in time saved transporting remand prisoners to Court and better access to justice. 1.2 This Practice Direction will apply to all appearances via PVL. 1.3 This Practice Direction requires that PVL will be used for administrative appearances, where facilities are available. PVL can also be used for hearings where evidence is heard if the Judge/Magistrate deems its use appropriate for the appearance (taking into account whether the parties consent). 2. CONTEXT 2.1 In this Practice Direction the reference to the “Court” is the Courtroom in which the hearing is listed. 2.2 The “Instructions Suite” where available, is located on site at each Courthouse and may be used to facilitate communication between attorneys and defendants in custody. 2.3 The “Private Telephone Line” will be available in each courtroom to allow private communications between attorneys and defendants in custody. 2.4 The “Court PVL Coordinator” will be a court officer designated to facilitate the use of the PVL according to this practice direction. 2.5 The “Prison PVL Coordinator” will be a prison officer designated to facilitate the use of the PVL according to this practice direction. 2.6 “Judge” means a judge of the Supreme Court and a master of the Supreme Court and includes a person appointed to act in either office. 2.7 Proceedings conducted by way of PVL will proceed as a normal Court appearance with the use of normal protocols and procedures. There should not be any adverse view or conclusion drawn against a defendant appearing by PVL. 3. GENERAL CRITERIA FOR ALLOWING USE OF PRISON-VIDEO LINKS 3.1 A Judge/Magistrate must consider the following criteria when he or she is making a determination as to whether or not to allow the use of PVL for the appearance of any participant in a proceeding: (a) The nature of the proceeding; (b) The availability of the technology that is to be used; (c) The potential impact of the use of the technology on the defendant’s constitutional rights associated with the hearing, and, in particular the ability of the defence to: (i) comprehend the proceedings; (ii) to participate effectively in the conduct of his or her defence; (iii) to consult and instruct an attorney privately; (iv) to access relevant evidence; and (v) to examine the witnesses for the prosecution when appropriate. 4. USE OF PRISON VIDEO LINKS 4.1 A Judge/Magistrate must determine whether a defendant will appear in Court using PVL if it is available. 4.2 PVL must not be used in any criminal substantive matter unless a Judge/Magistrate determines that it is appropriate to allow its use for an appearance: (a) In accordance with the criteria in paragraph 3.1; and (b) Taking into account whether the parties to the proceeding consent to its use. Saint Lucia Government Gazette 290 Issue 10 Monday March 10, 2014 4.3 A Judge/Magistrate can consider of his or her own volition that a PVL is the most appropriate way to proceed, applying paragraphs 3.1 and 4.2. This decision will require notification to be sent to the prosecution, defence attorney and the Prison PVL Coordinator, no less than 3 working days before any such PVL hearing. When a notice is sent that a hearing will be by way of PVL, the Practice Form 1 in the Schedule to this Practice Direction will be sent confirming the Judge/Magistrate’s reasons for using the PVL. 4.4 The prosecution or defence can also apply for a PVL hearing in the prescribed Practice Form 2 in the Schedule. Such application must be filed with the Court PVL Coordinator and the prosecution or defence, 5 working days before any current listing for a matter. A Judge/Magistrate will then consider the application and confirm his or her decision to both the defence and prosecution within 2 working days of receiving the application. If a PVL matter is to be listed, the Prison PVL Coordinator must also be notified at the same time as the defence attorney and the prosecution. Please note that any extant Order to Produce must then be cancelled. 4.5 An application can also be made at a hearing in Court for the next hearing to be by PVL. Any application must consider paragraphs 3.1 and 4.2. The Court PVL Coordinator must be contacted before any decision, to allow the matter to be listed for a suitable time and date. 4.6 If a Judge/Magistrate decides that the next hearing should proceed by PVL, and after consultation about listing with the Court PVL Coordinator, he or she will state the following in open Court: “You are remanded in custody and directed to appear by prison video link at (time) on (date)” 4.7 The Court PVL Coordinator will then notify the Prison PVL Coordinator of the date and time of the PVL hearing. 4.8 If the next appearance is in a different Court, the Court PVL Coordinator (Court 1) must contact the appropriate Court PVL Coordinator for that other Court (Court 2), to confirm that the listing is convenient. This should take place in accordance with paragraph 4.6 to allow the Court 2 listing to be announced in Court 1.The Court PVL Coordinator for Court 1 must then contact the Court PVL Coordinator for Court 2 to confirm the listing for the next PVL hearing. 4.9 PVL must not be used for the appearance of the defendant in a trial that determines his or her guilt or innocence unless the defendant consents to its use. 5. JUDGE/MAGISTRATE MAY VARY OR REVOKE DETERMINATION 5.1 A Judge/Magistrate may at any time vary or revoke a determination to allow the use of PVL for the appearance of a defendant, if the Judge/Magistrate considers that for any reason, the determination with respect to PVL, applying the criteria in paragraph 3.1, are no longer satisfied. 6. JUDGE/MAGISTRATE MAY MAKE A DIRECTION 6.1 A Judge/Magistrate who makes a determination under this Practice Direction in relation to the use of PVL for the appearance of a defendant in a proceeding, may make a direction in accordance with that determination. 7. EMERGENCIES 7.1 In Court: 7.1.1 In the case of an emergency at the Court, either the presiding Judge/Magistrate or the Court PVL Coordinator will advise the Prison that the PVL will be terminated. 7.1.2 When the emergency is over the Court PVL Coordinator will contact the Prison PVL Coordinator by phone and arrange the continuation of the PVL, unless the presiding Judge/Magistrate issues a contrary direction. 7.2 In Prison: 7.2.1 If immediately prior to or during a PVL hearing there is a lock down or an emergency at the prison, a corrections officer will immediately inform the presiding Judge/Magistrate. As a result the PVL will be terminated by the Court. When the lock down or emergency is over the Prison PVL Coordinator will communicate this to the Court PVL Coordinator via telephone. The PVL may either be re-established and the hearing continued, or the presiding Judge/Magistrate may give other directions. 8. TECHNICAL FAILURE 8.1 In the event of a technical failure while preparing for, or during a hearing, the court staff will, in the first instance, contact the Court PVL Coordinator. 8.2 The hearing, if it has commenced, may be temporarily adjourned by the presiding Judge/Magistrate. If it is Issue 10 Monday March 10, 2014 291 Saint Lucia Government Gazette determined that the link cannot be restored within a reasonable period of time, the court staff will, after consultation with the presiding Judge/Magistrate, inform the prison that the hearing has been adjourned or re-scheduled. The Prison PVL Coordinator will then inform the defendant of the outcome in person. 8.3 If there is a technical issue prior to the appearance in Court, the Private Telephone Line or the Instructions Suite, the Court PVL Coordinator will contact the Prison PVL Coordinator via telephone and any other parties to explain the situation. If the problem is unable to be fixed in time for the hearing, other arrangements are to be made for an alternative time and date (if necessary) and the defendant, the defendant’s attorney and the prosecution, will be advised. 8.4 In all instances the technical register is to be completed (Practice Form 3) and the Court PVL Coordinator must notify the Supreme Court Headquarters IT Manager and the onsite IT Manager via email, where they are available, informing that there is a problem, the details of the problem , and when it is likely to be resolved. 9. APPEARANCE FROM PRISON 9.1 The Court PVL Coordinator will liaise with the defendant’s attorney and the Prison PVL Coordinator regarding the appearances scheduled for the day to ensure the smooth running of the Court. This will also include liaison regarding the order of the appearances. 10. NOTIFICATION 10.1 Once it has been determined that an appearance will be made via PVL, the Court PVL Coordinator will e-mail both the defence and prosecution to confirm the date and time of the PVL hearing. This email will be followed by a fax from the Court PVL Coordinator to the prosecution and defence confirming the date and time of the PVL hearing. 10.2 For ease of reference, the email from the Court PVL Coordinator should contain a direct URL link to this Practice Direction on the Court’s website. 10.3 Where the defendant is unrepresented, the Prison PVL Coordinator will ensure the defendant is informed of the date and time of his appearance via PVL. He or she will also be offered a copy of this Practice Direction. 11. COURT LISTS 11.1 Court lists will be displayed as normal at each Court. For information on any future PVL appearances the Court PVL Coordinator should be contacted. 12. PRIOR TO PVL APPEARANCE: FILING SUBMISSIONS 12.1 If a case has been set down for a hearing via PVL any submissions must be filed with the Court 24 hours prior to the hearing. If this is not done it may result in the case being adjourned. 13. DISPLAY SCREENS 13.1 At Court the presiding Judge/Magistrate will have a view of the room used for the PVL to confirm whether the defendant is alone and is not being coerced. 13.2 At the prison the monitor will be set up so the defendant can view whoever is addressing the Court at any given time. 14. ATTIRE 14.1 Court officials, Judge/Magistrates and attorneys must wear normal Court attire. 14.2 The defendant will have the option to appear in his or her own clothing or in prison issued clothing. 15. TESTING AND SET UP 15.1 Testing of both the equipment and the link must take place at the Court and the prison prior to the scheduled time for the PVL hearing. 15.2 Testing of the Private Telephone Line and Instructions Suite will also occur on the days it is being used. This testing will be completed by the Court and Prison PVL coordinators in the morning before Court is due to start (approximately 30 minutes prior) and then again 5 minutes before Court starts when the link is established with the prison. 15.3 The link must be established before the presiding Judge/Magistrate enters the Court. Saint Lucia Government Gazette 292 Issue 10 Monday March 10, 2014 15.4 Normal Court etiquette and procedures will apply. 16. COMMENCEMENT OF HEARING 16.1 Upon entering the courtroom the Judge/Magistrate should then: (a) Introduce himself or herself to the defendant; (b) Satisfy himself or herself that the defendant appearing by PVL is the person directed to appear; (c) Inquire from the defendant whether there is anyone else present other than the necessary prison officers; (d) Satisfy himself or herself that the defendant can hear and see the: Judge/Magistrate; and Prosecutor; and Defence Attorney (e) State the purpose of the hearing (for example bail application); (f) State that the defendant if necessary may speak with his or her attorney using the Private Telephone Line. 17. CONCLUSION OF HEARING 17.1 At the conclusion of the hearing, the presiding Judge/Magistrate should ensure that the defendant has understood what has occurred and will then exit the courtroom while the transmission remains active. 18. COURT OUTCOME 18.1 Where possible, at the end of the hearing, the Court PVL Coordinator will either scan and e- mail or fax the Prison PVL Coordinator correspondence indicating the result of the hearing. 18.2 The subject line of the correspondence must include: the defendant’s name; remand status (using the relevant abbreviation); and the next hearing date. EXAMPLE: Joe Bloggs – Remanded In Custody – 21st August 2013 This email is to notify prison PVL staff for internal management purposes only. The prisoner’s status should not be acted on until the official documentation has been received from the Court. 19. DEFENDANT’S FAILURE TO COMPLY 19.1 If the defendant fails to comply with any direction or acts inappropriately, the Judge/Magistrate may direct the Court PVL Coordinator to disconnect the link. 19.2 The Court PVL Coordinator will then contact the Prison PVL Coordinator directly in the first instance or update and advise them of the outcome. 20. RECORDING 20.1 The audio component of the hearings in the Court will be recorded for the purpose of standard evidential transcription. Video recording of the hearings will not be mandatory. 20.2 Any private communications between the defendant and his or her attorney via the Private Telephone Line will not be recorded or form part of the evidential transcript. 21. OATHS AND AFFIRMATIONS 21.1 If required, an oath or affirmation will be administered from the Court by the court clerk. 22. INTERPRETERS 22.1 If a PVL participant requires an interpreter, the interpreter will be located in the courtroom. Depending on the availability of the camera the interpreter will either stand next to the defence attorney or in to the interpreter, as per normal Court protocol. 23. CORRESPONDENCE 23.1 If a defendant wants to give a letter or correspondence to the Judge/Magistrate, this should be provided to the prison staff either on the day before or on the morning of his or her court appearance. 23.2 The Prison PVL Coordinator will then fax or scan and email the letter or correspondence to the Court PVL Coordinator. This should be done by no later than 8:00am on the morning of the hearing. Issue 10 Monday March 10, 2014 293 Saint Lucia Government Gazette 23.3 The Court PVL Coordinator will then pass the letter or correspondence on to the defendant’s attorney who, if appropriate, will advise the prosecutor and give to the Judge/Magistrate. 24. PUBLIC ACCESS 24.1 Unless the presiding Judge/Magistrate directs otherwise, members of the public may be present in the courtroom during the PVL appearance. Members of the public, family members or partners etc are not permitted in the Instructions Suite or to communicate with the defendant via the Private Telephone Line. 25. INSTRUCTIONS SUITE 25.1 Communication with Attorney 25.1.1 A means of communication between the defence attorney and defendant at the prison will be made possible with the PVL Instructions Suite where available. If not available, communication will be via the Private Telephone Line. The Instructions Suite, or if unavailable the Private Telephone Line, will be booked in 15 minute slots through the Court PVL Coordinator. 25.1.2 The key requirement for these communications is privacy with both ends of the conversation being secure and private. As noted above these communications will not be recorded. 25.1.3 On the occasions that paper work is required to be seen by the defendant in the prison, the defence attorney must give this to the Court PVL Coordinator as soon as possible. This will be scanned and emailed to the Prison PVL Coordinator and handed to the defendant. 25.1.4 If any last minute instructions are required the Private Telephone Line may be used. The Private Telephone Line is only to be used for unforeseen or incidental requests from the defendant during the hearing and only after permission is given by the Judge/Magistrate. Once the handset to the Private Telephone Line is lifted, the audio and visual feed to the AVL should be disabled to allow privileged communications between the defendant and his or her attorney. These communications will not be recorded or form part of any evidential transcription. 25.2 Other Authorized Parties 25.2.1 To assist with the progression of a case there may be a requirement for other authorized parties to use the Instruction Suite, or if unavailable the Private Telephone Line, to communicate with a defendant. 25.2.2 Authorized parties would include Police officers, Probation Officers and other court representatives for the purpose of completing reports, assessments etc. Priority will be given to cases with dates of hearing within 24 hours of booking. All such bookings must be made with the Court PVL Coordinator. 25.3 Restrictions 25.3.1 At no time is the PVL Instructions Suite or Private Telephone Line to be used for personal links. The only persons allowed in the Instructions Suite or to use the Private Telephone Line are defence attorneys with bookings through the Court PVL Coordinator and other authorized persons. No family members or associates are permitted. 25.3.2 Due to time restraints, all parties who are authorized to use the PVL are expected to keep to the timeslot allocated to them. There will be no leeway to extend links. 25.4 Obligations of Attorneys 25.4.1 Should an attorney wish to cancel a pre-arranged timeslot in the Instructions Suite or Private Telephone Line, it is the duty of the attorney to notify the Court PVL Coordinator. If possible 24 hours notice of this cancellation is preferred. An attorney should also notify the Court PVL Coordinator if their conference is concluded before the allotted time. 25.4.2 If there is a technical issue with the Instructions Suite or Private Telephone Line, the attorney is required to complete the PVL Technical Error Register (Practice Form 3) and advise the Court PVL Coordinator. 25.5 Training 25.5.1 The Court PVL Coordinator will provide training for attorneys who wish to use the Instructions Suite or Private Telephone Line. The training will cover the technological aspects of the process as well as this Practice Direction. The Court PVL Coordinator is also able to run refresher training, if required. 26 PRISON CONTACT 26.1 In relation to the PVL all liaising with the prison will be done through the Court and Prison PVL Coordinators. This will include notification of problems or issues and movement of prisoners. Saint Lucia Government Gazette 294 Issue 10 Monday March 10, 2014 26.2 Bookings 26.2.1 The Court PVL Coordinator will ensure that the prison receives a draft cause list 48 hours prior to the hearing and a confirmed list 12 hours prior. 26.3 Authority to hold 26.3.1 The defendant will be held at the prison under the usual authority. Once the appearance via PVL has been completed the Court PVL Coordinator will either forward a new warrant, order to produce, or a bail notice, depending on the outcome of the appearance. 26.3.2 It is the expectation that all paper work will be sent by fax or email to the prison within two hours of each prisoner’s appearance. 26.3.3 When a defendant is granted bail the Prison PVL Coordinator must: (a) Give the bail notice to the defendant; (b) Inquire from the defendant whether he or she understands the conditions of bail; and (c) Ensure that the defendant signs the bail notice. 26.3.4 The bail process is not complete until the defendant signs the bail notice containing the bail conditions. Should the defendant refuse to sign the notice, or for some other reason the process is not completed the Court PVL Coordinator should be notified and a message sent to the presiding Judge/Magistrate who will determine the appropriate course of action. 26.3.5 Once the bail notice has been signed a copy is to be scanned and emailed or faxed to the Court PVL Coordinator and the original posted to the originating Court within 24 hours. When received, the Court PVL Coordinator will then place the original document on the Court file or send pass it on to the appropriate stakeholder e.g. DPP, police. 27. LISTING 27.1 The following can be listed for PVL when a defendant is remanded in custody: (a) Bail Applications; (b) Further remands; and (c) Any other hearing as directed by a SCHEDULE Prison Video Link PRACTICE FORMS Practice Direction No. 1 of 2014 Form 1: Order for a Prison Video Link Hearing [sub-paragraph 4.3} IN THE [NAME OF COURT] [name] [name] Applicant v Defendant Whereas I am satisfied by an application by (name of prosecutor or defendant), or on the Court’s own motion, that considering the nature of the proceeding; the availability of the prison video link; and having regard to all the circumstances, the hearing by way of prison video link would be consistent with the defendant receiving a fair hearing; It is hereby ordered that the hearing listed for [time] on [date] is by way of prison video link Dated this day of , 20 [Signed] Judge/Magistrate. Prison Video Link Issue 10 Monday March 10, 2014 295 Saint Lucia Government Gazette Practice Direction No. 1 of 2014 Form 2: Application for a Prison Video Link Hearing [Sub-paragraph 4.4] Application for a Prison Video Link Hearing IN THE [NAME OF COURT] [name] v [name] Applicant Defendant Application is made that a hearing be by prison video link. The next hearing date is: The purpose of the next hearing is: This application is made 5 working days before that hearing. We confirm the Prosecution/Defence have no objection to this application [delete as appropriate] The use of the Prison Video Link, having regard to all the circumstances, would be consistent with the defendant receiving a fair hearing Dated this day of , 20 [Signed by Applicant] Prosecutor/defendant’s [attorney-at-law] Prison Video Link Practice Direction No. 1 of 2014 Form 3: Prison Video Link Technical Error Register [Sub-paragraphs 8.4 and 25.4.2] Date: Time: Court: What happened? (Circle one) No Sound in Instructions Suite No Sound on Private Telephone Line No Sound from Prison No Picture in Instructions Suite No Picture from Prison Defendant did not attend Attorney did not attend Emergency at Court Emergency at Prison Unable to link in/out Other (please describe) Completed By: _________________________________ NOTE: Once completed please email/provide copy to Court PVL Coordinator. Saint Lucia Government Gazette 296 Issue 10 Monday March 10, 2014