@eastridge I mean't what we want to support for Thorax browser version. It looks like IE8 is still at [25% of usage](http://thenextweb.com/apps/2013/01/01/ie10-below-1-market-share-firefox-back-under-20-chrome-recovers-from-three-months-of-losses/) in generic contexts so we can't throw it off the cliff just yet. Let's see what happens with Chai 2.0 on that front. 
@Candid  ok lets see what the rework looks like, but if we do have to do a time tracker for whatever reason we should use the constructor version as ugly as that is :/