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Claudette Losier
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C50990 Court of Appeal Dismissal Error ignoring extension
posted on Sunday, February 21st 2010 Last week I received dismissal order of my appeal against the Minister of Attorney General for fraud per tort of deceit. I had faxed the court on February 4th the respondents' approval to an additional extension due to the Court Reporters' delay in completing and providing me with the court transcripts. I had already sent the Court of Appeal 2 other faxes requesting additional time that they had no problems accepting and now they are ignoring my February 4th fax which I sent to them again on February 18th plus left message. Here is another fax I am sending them to correct their mistake. Regards, Claudette
February 21, 2010
Court of Appeal For Ontario
Osgood Hall
130 Queen Street West
Toronto, Ontario
M5H 2N5
Attn.: Carole Ibsen ? Deputy Registrar
File: C50990 - Losier v. MMP Limited et al (appeal against the Crown Defendants
only)
Fax: 416-327-5032
Dear Ms. Ibsen,
I am requesting the correction on your system and removal of this dismissal order per my February 4th filled fax well within time limit of February 9th of additional extension of time from Respondents to perfect my appeal of 60 days from date of completed court reports and not date of enclosed fax. The Hamilton Court Reporters advised me by fax that they have been given an extension to complete the motion reports till end of February and I cannot perfect my appeal without the court reports.
I followed the same steps as my first filing of additional time per Ms Huguette Thomson?s notice of intention to dismiss on October 20th which this court granted till January 9th. Ms. Thomson?s letter clearly states that the perfection of the appeal may be obtained only by filing of the consent of the parties which I did file with my February 4th fax and copy of the Respondent?s January 25th approval for the additional extension. On February 18th l refax my February 4th filing plus left a phone message for you to call me to resolve this mistake. I will be home in the afternoon on Monday, February 22nd.
I look forward to hearing from you to correct this mistake. Your assistance in this matter is greatly appreciated.
Sincerely,
Ms. Claudette Losier
Copy: Maria Kotsopoulos Fax: 416-593-5437
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The Cats Meow
posted on Saturday, February 20th 2010 The Cat's Meow, an Exhibition & Fundraiser, which will be held at
the Intolerant Gallery, 239 King Street East, Hamilton ON Tuesday March 2nd, 2010 until Wednesday March 31st Opening Night: Saturday March 6th at 7pm This Exhibition is the brainchild of Claudette Losier and Zorica Krasulja, both of whom are avid cat fanciers. They have invited other artists who share their love for the cat to participate in this exhibition. Those artists are: Theresa Dinsmore, Carolyn Endacott, Gis?le Grenier, Emma Moumblow Hewitson, Heather Horton, Amanda McKinney, Joan Moumblow, Cathy Peng, Patricia Robertson, Lauren Sehdev, Laurie Woods and James Wylie. Their artist statement: The cat, what can one day about this glorious creature? With its majestic form, formidable meow, rhythmic purr, and its uncanny ability to hear a can of tuna being opened from three rooms away? One cannot help but fall madly in love with such a glorious creature! Therefore, and quite happily, we as avid cat fanciers have created an homage exhibition consisting of paintings, drawings, jewelry, transfer art and sculptures to express our love for the cat. There will also be a silent art auction, the proceeds of which will help raise funds for a local Hamiltonian organization, Animal Welfare Association, which rescues cats and the occasional dog. For more information on AWA, please visit their site >http://www.awa.xux.net/. The Silent Art Auction ends on Thursday March 25th. Gallery Hours: Tuesday, Thursday, Friday and Saturday 1pm until 5pm For more information on the exhibition please contact any of the following people, Zorica, e-mail: zoriie@yahoo.ca Claudette, e-mail: losierart@aim.com Dawn (Gallery owner), e-mail: intolerantgallery@sympatico.ca, or by phone at 905.527.1133 Permanent Link
2010 Art Events
posted on Thursday, December 17th 2009 Claudette Losier will be exhibiting her doodles and transfer art entitled ?The Harvest 2010? from February 12th to March 10th at the Blue Angel Gallery on
?The Harvest 2010? represents the output of my growing season as an artist these past two years from gathering my ideas, seed-form, through the process of regular yoga spiritual practice, modeling for animation students influencing my work, doodling in my sketch book and snapping photos with my digital camera to reaping an abundance of output creative crops. In 2007 I started to go back to drawing with my first few drawings being careful renderings with black pen from anatomy books and the masters DaVinci and Michelangelo. Although I was pleased with these drawings they took a long time and they did not get me to develop the habit of drawing regularly. So I went to a smaller sketch book, 3?X5?, which I was able to carry with me wherever I went and no longer felt precious about each drawing which started the habit of drawing regularly and 2 years later I have a nice collection of more than 15 sketch books. I started at first using the blind contour or quick gesture techniques and later added drawing on top of the less successful doodles and going back into them by noodling them and later switching to a gel black pen. I also purchase my first digital camera and saw the world in a new way as this technology provided me with greater capabilities for my creative image explorations. This past year I made photo copies of these works to create my transfer art and coloured them up using left over pastels and later added acrylic inks, plus combine transfer image and oils. My yoga practices lead me to read from all scriptures for the underlying equality and harmonizing truth in all religions, and sciences particularly physic and Nero plasticity that explained to me a new reality about the Universe that is influencing my creations. I sing cosmic chants while creating in my studio to promote positive vibrations and now create art to promote peace and Universal love. All of these explorative steps I took resulted in my creative outflow expending and into a more intuitive process way of working and more automatic drawing or creating full of exciting energy.
In the past I have won awards in Juried Shows in
March 2010 art show called "Cats Meow" at the Intolerant Gallery with Zorica and other cat fancier art friends! Permanent Link
Ontario Human Rights Code is Fraud per Tort of Deceit
posted on Tuesday, November 10th 2009 The Ontario Human Rights Code is Fraud per Tort of Deceit
The Ontario Human Rights Code as applied by Minister of Attorney General Michael Bryant in 2005 through his department at the Ontario Human Rights Commission is fraud per the tort of deceit with refusal to abide by the public policy of "everyone in Ontario is equal" the positive statement that is fraud in the preamble of the code. This fraud is also a refusal by the Ontario Government to abide by the code public policy to eliminate discrimination which cannot be done when the Minister of Attorney General refuses to manage his department at the Commission and Tribunal, and Judges in our Court System to abide by the policy "everyone in Ontario is equal" and ignores the measures to codify sections 5 to 10 of the code and stare decisis to Human Rights case laws. This includes section 7 that any woman exposed to pornography in the work place has a prima facie complaint of sexual harassment. What the Minister is offering through his departments at the Commission and Judicial Courts System with discretion to decision makers instead of discretion to stare decisis and "everyone is equal" public policy is an image Human Rights Process: It does not matter about the truth it only matters that we provide a process so when they say we disadvantage them we say we provide a process.
The Minister of Attorney General through the MAG Act is responsible for all justice in Ontario this includes Judges as well as the Commission and part of this management includes training his staff to abide by the United Nations Treaty for women to eliminate discrimination. In open court Justice Lofchik advised me he does not have to abide by the UN Treaty and he refused my arguments using the UN Treaty and left out of his endorsement record any analysis to the UN Treaty. Justice Lofchik also stated in open court that the Commission does not have to abide by stare decisis of section 7 of the Code that everyone exposed to pornography has a prima facie complaint made of sexual harassment due to discretion which is one of the material issue in dispute for this Appeal since I was exposed to pornography at my employers place of employment like other successful HR complainants dismissed due to fettering of discretion. Thus the current Minister of Attorney General and pass are responsible for this discriminatory attitude coming from Justice Lofchik and other judges refusing to abide by our equality laws and the UN Treaty. The material issue in this appeal is fettering discretion by Minister of Attorney General, Michael Bryant, and his staff at the commission and the judges in our courts refusing to abide by the top law in Canada and public policy of "everyone is equal" to eliminate discrimination and also the UN Treaty.
I have been given an extension till January 9th to perfect my appeal C50990 because the Hamilton Court reporters have not provided me with copy of the court report.
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Ontario Human Rights Code is Fraud per Tort of Deceit
posted on Monday, October 12th 2009 The Ontario Human Rights Code as applied by Minister of Attorney General Michael Bryant in 2005 through his department at the Ontario Human Rights Commission is fraud per the tort of deceit with refusal to abide by the public policy of "everyone in Ontario is equal" the positive statement that is fraud in the preamble of the code. This fraud is also a refusal by the Ontario Government to abide by the code public policy to eliminate discrimination which cannot be done when the Minister of Attorney General refuses to manage his department at the Commission and Tribunal, and Judges in our Court System to abide by the policy "everyone in Ontario is equal" and ignores the measures to codify sections 5 to 10 of the code and stare decisis to Human Rights case laws. This includes section 7 that any woman exposed to pornography in the work place has a prima facie complaint of sexual harassment. What the Minister is offering through his departments at the Commission and Judicial Courts System with discretion to decision makers instead of discretion to stare decisis and "everyone is equal" public policy is an image Human Rights Process: It does not matter about the truth it only matters that we provide a process so when they say we disadvantage them we say we provide a process.
The Minister of Attorney General through the MAG Act is responsible for all justice in Ontario this includes Judges as well as the Commission and part of this management includes training his staff to abide by the United Nations Treaty for women to eliminate discrimination. In open court Justice Lofchik advised me he does not have to abide by the UN Treaty and he refused my arguments using the UN Treaty and left out of his endorsement required any analysis to the UN Treaty. Justice Lofchik also stated in open court that the Commission does not have to abide by stare decisis of section 7 of the Code that everyone exposed to pornography has a prima facie complaint made of sexual harassment due to discretion which is one of the material issue in dispute for this Appeal since I was exposed to pornography at my employers place of employment like other successful HR complainants dismissed due to fettering of discretion. Thus the current Minister of Attorney General and pass are responsible for this discriminatory attitude coming from Justice Lofchik and other judges refusing to abide by our equality laws and the UN Treaty. The material issue in this appeal is fettering discretion by Minister of Attorney General, Michael Bryant, and his staff at the commission and the judges in our courts refusing to abide by the top law in Canada and public policy of "everyone is equal" to eliminate discrimination and also the UN Treaty.
Court of Appeal File #C50990 AMENDED NOTICE OF APPEAL Ontario Human Rights Code is Fraud per Tort of Deceit THE APPELLANT, CLAUDETTE LOSIER, APPEALS to the Court of Appeal of Ontario from the final judgment of Justice Lofchik dated August 21st, 2009, for the Crown Defendants (Ontario Human Rights Commission, Dina Waiks, Shannon Meadows-Lee, and Minister of Attorney General (Michael Bryant) only, made at the Superior Court of Justice at 45 Main St., Hamilton, Ontario, L8N 2B7. THE APPELLANT ASKS that the judgment made by Justice Lofchik for the Crown Defendants be null and void, and reverse to an order allowing the plaintiff to continue and amend her claims against the Crown Defendants as joint tortfeasors with her employer defendants to these suits (04-13797 and 05-18500) be granted for intentional torts and causes of actions pleaded: Constitutional Tort, Misfeasance of Public Office, Deceit, Defamation, Conspiracy to injure and Intentional Inflection of Emotional Distress.
THE GROUNDS OF APPEAL are as follows: 1. Breach of Rule 21 Rule to dismiss Crown?s motion for delay in filing Rule 21 Motion; 2. Breach of Rule 21 ?plain and obvious? test taking advantage of self represented litigants with no law training to write proper statement of claim and creating an unequal justice system; 3. Abuse of Discretion by Justice Lofchik and Crown Defendants per Discretion Principal of ?an intangible principle that is used to bar proceedings that are inconsistent with the objectives of public policy? and that policy is per the Ontario Human Rights Code Preamble ?that everyone in Ontario is equal?; 4. Violation of the United Nations Treaty the Convention on the Elimination of Discrimination against Women and its Optional Protocol 2000 Article 2, a to f; 5. Breach of the Charter sections 15, 24, and 52; 6. Breach of Ontario Human Rights Code preamble that ?everyone in Ontario is equal? and sections 5 to 10 the measures to codify; 7. Seneca College of Applied Arts and Technology v. Bhadauria SCC 1981 8. Kulyk para 41 ? Sopinka J, 1996 S.C.R. Mooring v. 9. The Longley v. Revenue Canada case dated 1999 refers to Supreme Court case of Eldridge v. British Columbia (Attorney General) dated 1997 that nullifies all of the Crown?s case authorities particularly Bhadauria case dated 1982 and clearly states that a person who is being discriminated by a government staff or institution or the legislation itself can rely on the Charter as a Constitutional Tort and sue for damages civilly; 10. Supreme Court of Canada precedent case of Slaight Communications Inc. v. Davidson dated 1989 after the 1982 Bhadauria case and also nullifies all of the Crown?s case authorities; 11. Eldridge v. British Columbia (Attorney General) dated 1997 that nullifies the Bhadauria case and Justice Lofchik?s argument in Court left out of his endorsement record that the Commission has discretion to violate my human rights due to time and resources allocation problems; 12. Error in law in misapplying the common law principal of stare decisis that a judge should not give a judgment contrarory to that of another judge unless it is shown that some binding authority in case law or some relevant statute was not considered such as the United Nations Treaty and SCC? case law on the United Nations Treaty application in our Justice System; 13. Error in law of misapplication of the common law principal of stare decisis such as the process referred to as ?distinuishing the facts? of opposing precedents when Justice Lofchik ignores all of the applicant?s precedents that make the Crown?s precedents on discretion null and void; 14. Breach of Rule of Law; 15. Institutional Bias; 16. Preferred treatment to Crown evidence of Institional Bias re: Justice Lofchik allowing me to amend my statement of claims against Employers but not the Crown defendants when they are joint tort feasores per principal of joint tortfeasors for tort of Conspiracy and defamation; 17. Justice Lofchik?s endorsement record is not a proper endorsement record and analysis of material issue in dispute with absolutely no references to my alleged pleadings that he claims are in error per the example of Justice Crane?s endorsement record in KRP Enterprises Inc., et al and Corporation of Haldimand County, et al, [2007] (pg 4 to 6 thumbnail chronology from Statement of Claim, para 25 page 15 facts from statement, para 30 page 18/19, para 33 page 20/21/22 ), and Hunt v. Carey; 18. Refusing my request to amend my claims with additional facts and continuation of wrong doing through the courts is evidence of discrimination by Justice Lofchik via differential treatment per Crown?s authority HVK pg 16 para 56 Himel J?s decision in rule 21 motion: ?in that the pleadings contain bald assertions, I order that particulars be provided with respect to paragraphs 51 to 57 of the claim within 30 days of this decision? 19. KRP Endorsement record from Justice Crane para 29 page 17: does not contain the typically pleaded essential elements of this cause of action. 20. Breach of rules of natural justice per Cashin case law by Crown defendants, Justice Lofchik, Divisional Court and Ontario Court of Appeal for 2006 Judicial Review: fair hearing, and impartiality; 21. Breach of Human Rights Case decision that all provincial and federal human rights legislation is relevant to the interpretation of one human rights statute; 22. No pleadings of Natural Justice cause of action in statement of claim identified by Justice Lofchik with specific paragraph, because the paragraph pleads breach of natural justice as improper purpose for tort of Misfeasance of Public Office; 23. Breach of fair hearing as Justice Jofchik on July 2 and 3rd 2009 refused me to submit my rebuttals of the Crown?s argument pleaded no facts to show Justice Lofchik where the facts where pleaded so that he can say in his endorsement no facts pleaded; 24. Elements of Tort of Misfeasance of Public Office met per Roncarelli v. Duplessis 1959 SCR case para 169 ?fraud, malice, collusion?? pleaded sufficiently for improper purpose; 25. No pleadings of tort of negligence only pleadings of Intentional Torts: Conspiracy to Injure, Deceit, Defamation, Constitional Tort, Misfeasance of Public Office, and Intentional Infliction of Emotional Distress; 26. Authority of Starline Entertainment Centre Inc. v. Ciccarelli (1995) that no special immunities when public officers act beyond the powers which are accorded to them, and common law court remedies allowed for civil causes of action and not via a Judicial Review; 27. Bad Faith pleaded sufficiently; 28. That the precedent case of Westlake set in 1971 was an unconsidered decision prior to the United Nations? Treaty where there is no immunity for Human Rights Violations, and the Charter in 1982 which the decision in White v. OHRC was based on. The facts and causes of action in Westlake are not similar to this case; 29. Error in law by not applying the common law principle of ?declining jurisdiction? which in turn leads to ?exceeding jurisdiction? which removes immunity and allows the Crown Defendants to be sued. That is the principle in law that judicial immunity is lifted if act maliciously in order to harm claimants; 30. Error in law by not applying the common law principle that of the normal rights of the injured individual can be applied to pursue intentional tort remedies against the administrator: such as Conspiracy to injure, deceit, defamation, Constitutional Tort, and Intentional Infliction of Emotional Distress; 31. Pleaded sufficiently for the Tort of Conspiracy per precedent case authorities: Cement Lafarge, Chahal v. 32. Pleaded sufficiently for tort of defamation per Klar?s Tort law authority; 33. I have a cause of action for the tort of deceit as the code?s preamble ?that everyone is equal in Ontario? is a false positive respresentation and the Ministers of Attorney General are responsible for this fraudulant law in Ontario per the MAG Act; 34. I have pleaded sufficiently for the tort of intentional infliction of emotional distress per Clark vs. Canada, and Odhavji Estate v. Woodhouse; 35. I have a valid claim against the ex Minister of Attorney General and the current one per the United Nations Treaty, MAG Act, and case of KRP with continuing causes of actions and damages after date of statements of claims, and the 05 matter clearly stated I was intending to ammend my claim; 36. Supreme Court of Canada Practice is that they are not a court of error submitted to Justice Lofchik with comment that this results in corruption by lower court judges knowing their decision won?t be overturned; 37. Institutional bias by Supreme Court of Canada on refused leave to appeal per law clerks? memo?s on line for my 3 files #31438, #31518, and #31517 due to Ex Minister of Attorney General had connections at the Supreme Court of Canada per recent news events state he use to be a law clerk at the Supreme Court of Canada in 1997 and to protect the career of a political star Mr. Micheal Bryant; 38. And any other argument that arises before the appeal.
THE BASIS OF THE APPELLATE COURT?S JURISDICTIONS IS: is the Courts of Justice Act section 6(1)(b), Rules of Civil procedure 61 to 61.12. The judgment appealed from is final. Leave to appeal is not required. The Appellant requests that this appeal be heard at the Court of Appeal for Ontario, Osgoode Hall, 130 Queen Street West, Toronto, Ontario, M5H 2N5. Permanent Link
Imagination ...It's Limits Are Only Those of the Mind Itself
posted on Tuesday, September 29th 2009 Sept 28th 2009 to Jan 18th 2010 Woodside Public Library 1274 Rebecca St., Oakville Chair Lucy: 905 844 6327 Two of my doodles in transfer art format are now on display in Oakville through the Oakville Artworks Association. Permanent Link
Neo Pop Realism Starz: 21st Century Art
posted on Tuesday, September 29th 2009 Three of my transfer art will be included in book-catalog NeoPopRealism Starz: 21st Century ART by Nadia Russ, compendium of new millennium contemporary art and will be available in stores September 2009, including in www.barnesandnoble.com and www.amazon.com. ; Visit the following for more details: >http://neopoprealismstarz.com/id80.html
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Cyclist Dies in Toronto - Michael Bryant Charged
posted on Wednesday, August 19th 2009 News results for michael bryant
TheStar.com | GTA | Michael Bryant's deadly duel 2 Sep 2009 ... Bryant charged in cyclist's death Former Ontario attorney general Michael Bryant makes a statement after being charged with criminal ...
www.thestar.com/news/gta/article/689771 - Cached Permanent Link
Honourable Mention Award for "Phantom Riders"
posted on Sunday, April 19th 2009
This transfer art mixed media piece was submitted to the Burlington Fine Arts Association's Kaleidoscope event April 15, 17, and 18th 2009 and won an Honourable Mention award. The jurors were Toronto artists and teachers John Leonard and his wife.
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Body Voyage - Return to the Sacred
posted on Wednesday, April 15th 2009 Press Release ?Body Voyage ? Return To The Sacred?
Claudette Losier will be exhibiting paintings in solo show entitled ?Body Voyage- Return To The Sacred? at Arts The opening reception is on Friday June 5th from
?Body Voyage ? Return to the Sacred? is a continuation of my journey of self-discovery of identity since graduating from
My water paintings in the pass described metaphorically life?s journey such as: drifting, keeping afloat, Venus, clam digging clan, storms, calmness, travel, mastery, well spring, erosion process, sea shells, etc. In this show I am using my experience of snorkeling to create works that speak specifically of yoga science such as restlessness, light floatation of the body, focus concentration on breath, vibrations, om, and meditative state of being one with the material matter world and beyond.
In the past I have won in Juried Shows in
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Contact Photography Show in Toronto
posted on Wednesday, April 15th 2009
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Transer Art Workshops in 2009
posted on Sunday, March 8th 2009 I am doing a Transfer Art Workshop in 2009 on the following: Saturday May 30th at Mohawk College. Call the college for details.
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Blue Angle Gallery on James Street from March 11 to April 8
posted on Wednesday, February 4th 2009 My Show at the Blue Angel Gallery has been moved up from December to March: March 11th to April 8th and extended in April till May. Opening Reception on March 13th and April 10, James St. North Crawl night second Friday of the month. Blue Angel Gallery, 243 James. St. N., Hamilton 905-522-8735 Hours Tuesday to Saturday open at 2:00 till 8 most days but till 11:00 on Friday night. Every Friday she has open mic for music entertainment.
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Neopoprealismstarz 1st International Competition
posted on Wednesday, February 4th 2009 I participated in this international call by submitting 6 works, 5 of which where transfer art and one painting. The works I submitted used materials or concepts borrowed from the original pop artists Robert Rauschenburg and Andy Warhol. Some of which may be produced in a book called 21st Century Art later in 2009. Sent_to_Corporate_Purgatory.jpg. Claudette Losier (Hamilton, Ontario, Canada), Sent to Corporate Purgatory, 12"x36". Photo Copy Transfers with Polymer ...
www.neopoprealismstarz.com/competitions/id77.html - 132k - Permanent Link
Bruno Capolongo's Invitational 2009 Show
posted on Saturday, December 6th 2008
Three of my floral paintings have been selected in Bruno Capolongo's Invitational 2009 Show: Pink Poppy Rythm, Going Japanesa, and Puzzle of the Black Eyed Suzzies #3. See www.brunocapolongo.com/fs_exhibits.htm - it has been updated
for the exhibit. Permanent Link
Opposing Sea of Troubles
posted on Tuesday, October 14th 2008
This painting from my snorkeling Dominican series was selected for the Glenhyrst Art Gallery of Brant's Juried show called "Breaking New Ground". Jurors: Carol Podedworny, Curator McMaster Museum of Art, Hamilton, and Ryszard Sliwka, Artist, Professor of design and architectural theory at University of Waterloo. The opening reception will be on Saturday, November 15 from 7 to 9 p.m.
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"Spring Ride on Sulphur Springs Road" published
posted on Thursday, October 2nd 2008
Losier's painting "Spring Ride on Sulphur Springs Road" was published on site on the new "Exercise and Stress" page. You can check it out here: >http://www.overcomebullying.org/exercise-and-stress.html
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Showings of Claudette Losier's Art
posted on Sunday, July 6th 2008
I currently have my floral paintings for Sale or Rent at the Art Gallery of Hamilton Art Shop, the Burlington Art Center's Art shop, and at Rodman Hall's Art Shop in St. Catharines. My studio can be visited at any time by appointment just call 905-388-7794.
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Oil Painting for Beginners
posted on Sunday, July 6th 2008 The Burlington Art Center will be offering this 8 week beginner oil painting course in September 2008 as: Introductory Level A14 Permanent Link
Art Classes in 2008
posted on Friday, January 11th 2008 Botanical Drawing A21 @
AND:
NEW! Transfer Workshop W22 ONE DAY WORKSHOP
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Claudette Losier is a member of the Arts Hamilton Community. This page is Copyright Claudette Losier. All rights reserved. | |||