Results 1 to 9 of 9
  1. #1
    mtbr member
    Reputation: The Rear Admiral's Avatar
    Join Date
    Apr 2006
    Posts
    167

    Kolapore MTB lawsuit in Ontario

    This started over in the eastern Canada forum... but I thought all y'all western brothers and sisters should know about this in case it sets an ominous legal precedent on the other side of the country...

    Linkies:

    Wanted dead or alive
    re Kolapore: does anyone know...
    http://www.nsmb.com/shore_news/beardwinter_04_05.php

    The story:

    The Kolapore Uplands, 5,000 hectares of the Niagara Escarpment a little south and west of the bottom end of Georgian Bay, is the largest and roughest patch of semi-wilderness left in southern Ontario. Steep and rugged, what isn't cliff face or exposed rock is hardwood forest regrown since being clear-cut a century ago.

    It is a dreamscape for the craziest risk-takers, and since the 1970s, the University of Toronto Outing Club and the Kolapore Uplands Wilderness Ski Trails Committee have cut 60 kilometres of trails through it that are earnestly posted "Challenging Ski Trails Not For Novice Skiers."

    They are volunteer organizations; the trails are maintained by volunteers; anybody can use them for free. Costs are covered by donations, which totalled $2,600 this year, and the sale of a trail map without which it is easy to blunder into even greater peril.

    Since the volunteers' interest is solely skiing, in seasons when there is no snow the trails are left to fend for themselves. But in the 1990s the mountain bike appeared, and with it the mountain bikers who discovered in Kolapore the hellishly beautiful terrain that makes their testosterone-charged adrenalin bubble and boil. The best (that is, the worst) of the trails earn the highest mountain-biking accolade: radical.

    Presumably "totally radical'' would be prying open elevator doors at the CN Tower and biking down the empty shaft.
    It's unlikely that the lack of maintenance for cycling is considered a drawback.

    Then along came James Leone, 31, a Torontonian who, last Aug. 1, was on a trail that bikers grade as "easiest" when, according to documents filed in court, "suddenly and without warning his bicycle came to an abrupt stop" and he was thrown forward, "striking the ground with sudden and violent force."

    Plunging into a "hole in the ground, the depth, size and location of which constituted an unusual danger" might sound like something that's all in a day's (or five minutes') adventure for a mountain biker, except for one thing: Leone is a lawyer. As one of the country's foremost legal experts explained to me, the first thing first-year law students learn the first day of civil procedure is, when you sue, "sue everything in sight."

    Leone is suing the outing club, the ski trails committee, the regional trails network, the local municipality and the province (which owns the land where he encountered the alleged hole) everything but the sky above and the Earth itself. He wants $1,150,000 in damages for expenses and lost income as a result of a fractured vertebra he says he suffered, while his co-plaintiff his wife, Ashley, who wasn't biking "sustained a loss of guidance, care and companionship" she might reasonably have expected if he hadn't run into said hole.

    Leone's stated position is that, whether they like it or not, the volunteer organizations and the province, by permitting the trails to exist on its land, are responsible for creating "a situation of danger from which the plaintiff, despite all reasonable efforts and precautions was unable to extricate himself," and that they "failed to take reasonable care to protect the plaintiff from the unusual danger, of which they knew or ought to have known."


    Here's the guy and some information on him, all from public sources:



    http://www.beardwinter.com/people/profile.asp?56
    James V. Leone
    jleone@beardwinter.com
    (416) 306-1744
    (416) 593-7760
    130 Adelaide Street West Suite 701
    Toronto Ontario
    M5H 2K4

  2. #2
    Double-metric mtb man
    Reputation: Psycho Mike's Avatar
    Join Date
    Apr 2006
    Posts
    4,482
    Once again, another page from the American legal system strikes Canada....if you get hurt, it isn't your fault so sue everyone else. Sheesh...I'm surprised he's not suing the bike manufacturer!
    As if four times wasn't enough-> Psycho Mike's 2013 Ride to Conquer Cancer Page

    Moran? Let your opinion be free -> F88me

  3. #3
    mtbr member
    Reputation: The Rear Admiral's Avatar
    Join Date
    Apr 2006
    Posts
    167
    Hey, check out the Kolapore thread over in the Eastern forum again. Someone sent me a copy of the summary judgement so I posted a copy of it. It's quite long, but an interesting (and infuriating!) read.

  4. #4
    mtbr member
    Reputation:
    Join Date
    Oct 2005
    Posts
    79
    what a slimeball. and that judge to actually let him go through with the suite is a dick themselves.

    I went out on a club ride a couple years back and accidentally sliced my calf open on my chainring. required a ton of stitches and had me on crutches for a week. last thing on my mind was suing anyone, only thing that pissed me off was not being able to ride for a week (was supposed to be about a month but I didn't listen.. hehe).

  5. #5
    mtbr member
    Reputation: thekrow4jc's Avatar
    Join Date
    Apr 2006
    Posts
    171
    this guy needs to get his ass capped there's so much ******** spewing from it that it's rediculous... at least get his email flamed. frickign pisses me off that people don't take personal responsibility for anythign these days and now to go after volunteer orgs?! WTF!!!!!!!!!!!!!!!!

  6. #6
    mtbr member
    Reputation:
    Join Date
    Dec 2006
    Posts
    4
    what a coward. people like this make me sick. What kind of moron doesn't have the sense to expect these things to happen while biking. I hope all of you are flooding this guys email with hate mail.. i know I have. What else can we as the mountain bike community in southern Ontario do to protect our trails?

    When are the proceedings expected to begin?

  7. #7
    SCC
    SCC is offline
    SCC
    Reputation:
    Join Date
    Jan 2007
    Posts
    486
    What do you expect from another idiot from Tronta and a lawyer to boot. Thats a double shot of STUPID LIBERALISM.

  8. #8
    mtbr member
    Reputation: The Rear Admiral's Avatar
    Join Date
    Apr 2006
    Posts
    167
    Nice troll, but that's kind of at a grade 2 level. Try harder. Seem to me it's out in BC that people were stringing razor wire across trails, not here in ON, but no one tries to link that to the idiots you elect...

  9. #9
    SCC
    SCC is offline
    SCC
    Reputation:
    Join Date
    Jan 2007
    Posts
    486
    Quote Originally Posted by The Rear Admiral
    Nice troll, but that's kind of at a grade 2 level. Try harder. Seem to me it's out in BC that people were stringing razor wire across trails, not here in ON, but no one tries to link that to the idiots you elect...

    BC has the same problem as Tronta, it leans too far to the left

Members who have read this thread: 0

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

THE SITE

ABOUT MTBR

VISIT US AT

mtbr.com and the ConsumerReview Network are business units of Invenda Corporation

(C) Copyright 1996-2018. All Rights Reserved.