Wednesday, May 18, 2016

Liability for DNV recreational trails? Revisited...


"Ladies Only Trail" roller coaster jump ramp on Fromme Mtn. 
(DNV- approved?)

Back in June 26 2012, I wrote about this very topic: http://www.northvancouverpolitics.com/2012/06/liability-for-dnv-recreational-trails.html

It is a topic that needs to be revisited. The following verdict may become a game-changer for the District of North Vancouver and other municipalities:

County liable for man's catastrophic biking incident in Bruce Peninsula, court rules

Colin Perkel, The Canadian Press
Published Tuesday, May 17, 2016

TORONTO -- A man rendered quadriplegic after a mountain biking accident won his battle Tuesday to hold the Ontario municipality that operated the adventure park fully liable for his injuries.

In its decision, the Ontario Court of Appeal rejected an appeal by the municipal County of Bruce that it was not at fault, and that the victim, Stephen Campbell, was at least partly responsible for his catastrophic injuries.

"The reality is that several riders had been injured, including seriously injured, on the wooden obstacles in the trials area before (Campbell's) accident," the Appeal Court said.
"Had the municipality adequately monitored previous accidents and been aware of the number of accidents at the park -- and on Free Fall in particular -- actions would have been taken that would have prevented (Campbell's) injuries."
Read more: http://toronto.ctvnews.ca/county-liable-for-man-s-catastrophic-biking-incident-in-bruce-peninsula-court-rules-1.2905967  

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The District of North Vancouver also operates and funds a mountain biking "adventure park" of sorts on Fromme and portions of Seymour. They allow various "amusement park"-like structures to be built, along with putting various amenities in place for the mountain bikers.

There have been many injuries and even one death coming from those DNV-approved man-made MTB structures in the public forests. We know that mountain biking is already an inherently dangerous sport, without the added "liability" structures.

Those man-made mountain biking structures bring into the picture much bigger liability issues, I believe.

The District of North Vancouver lacks the pertinent parks staff, rangers, etc. to oversee the building and day to day activities. It's still very much a wild west in the woods. What happens if an injured mountain biker should sue DNV. someday?

What will this Ontario court decision mean for BC municipalities, especially the District of North Vancouver? Only time will tell. Thoughts?

Thursday, April 28, 2016

Ministry and DNV reveal plan for Cut, Council skeptical

Last week the Ministry of Transportation and DNV planners revealed a new possible plan for The Cut. Traffic congestion problems in North Vancouver are ongoing and it seems almost everyday sometimes twice, there is some sort of of traffic incident that involves the approaches to the Cut being backed up for kilometers. Sometimes it's just sheer volume of traffic that causes the 'slow hours' Is the new plan the solution?

        Image result for the cut in north vancouver, b.c. canada
   The North Shore News ran this report....     

Related article from 2015:

http://www.nsnews.com/news/highway-1-no-longer-making-the-cut-1.1989414

Tuesday, April 19, 2016

Controversial letter and DNV Public Input segment from Hazen Colbert

             Public Input @ 22:23, April 11th, 2016

Your Worship, Council and Mr. Stuart

Last night I provided public input on the subject of public safety, I provided that input on request of others who fear for their safety, the safety of their families and the security of their property specifically from members of the NSMBA.  They do not consider council chambers a place of refuge where they can provide input. Apparently they do consider that I do not back down from bullying and threats.

Councillor Bond's diatribe directed at me proves their concerns.

Instead of disavowing anti-Semitism and violence on Fromme trails Bond lite into me like a cruise missile. Not one of you rose to defend, not me, but others who may have been threatened by the map and the narrative that followed. It was transparent to me, that you agreed on the approach during the special closed meeting. I trust you had never seen that map before I presented. If yes, than I pray for us all.

It does not help the matter that you fund $100,000 to the NSMBA.  On the advice of the RCMP who tell me they do not enforce the Community Charter, it appears the only way to challenge that particular is through the Supreme Court where the DNV can rely on the public treasury to fund a defence. That is what I called institutionalized bullying.

I started mountain biking, including racing holding a semi-pro license in 1995. I love the sport. I have biked in a wide variety of places  around the world. The NSMBA is a bizarre organization which fails to comply with even rudimentary trail etiquette and land conservation. The threats by NSMBA members against others are unprecedented and chilling.

I request a public hearing on the matter.


Regards

You are welcome to forward the email below along with the attached public input to anyone interested.

It is my position there needs to be a Public Hearing on the matter with everyone allowed to attend and speak safely.

Regards



Hazen S. Colbert



Sunday, February 21, 2016

How is North Vancouver doing under new Federal Government?

Although it's still early days, so far there are no specific or concrete funding proposals for North Vancouver. Based on the Trudeau government's election platform, it would seem we can assume there will be Federal money spent in North Vancouver on infrastructure (transportation and housing). Announcements will likely take place within the next few months, at the latest.

Image result for justin trudeau sunny ways