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Who is it that is suing for personal injury incurred while riding at Kolapore? Does anyone know this clown?

The shitty aspect of this is that those trails were started long before trail riding became popular in these parts, and the original user group has worked very hard to accomodate mountain biking as it grew throughout the 1990's. Now, those people are the ones that will end up getting the shaft. Their insurance costs are virtually certain to go up, regardless of the outcome. If by some outrageous fortune this bs lawsuit is successful, they'll be finished.

The land owners/managers will possibly decline to permit a multi-use trail system unless it is being actively managed, including liability insurance. So, there is a legitimate concern about the future of these trails. For a change, this risk has nothing to do with the usual issues related to hikers, dog-walkers, erosion, bird-watchers, reckless destruction of the Carolinian forest, new subdivisions and roads, equestrians, naturalists, undue stress on the wild animals, or the rest of the world. It's pretty much contained within the cycling community this time.
 

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Drag

I can't see it being a seasoned MTB'er, more likely someone who stumbled upon the trails through a family outting and were in way over their heads.

I've never ridden there but the place seems to be quite good according to some of the writeups I've seen on the web.

Post up if you hear of any other developments.


Clem
 

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I haven't heard anything but I definitely intend to ride there this summer in case something does happen. I may even fall and get a chance to sue. :)

IMBA may have some info on this if you contact them.
 

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almost there!
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...for not shoveling their sidewalks?

What the hell can you sue a park land owner for when you injure YOURSELF when mountain biking on the property?

A rock was in a bad place that made him wipe out?
There was no place to refill his water bottle?
He was trying to riding over a fallen tree and wiped out?
The hills were too steep?

I don't get it?

It's called the f*#king outdoors.

Can anyone explain?
 

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Crap, when did this happen??? :mad:

We should hunt the [email protected] down and beat him to death before it goes to court.

I love that place!!!

And you're absolutely right....those x-country skiers that maintain those trails shouldn't be taking the hit for someone else's stupidity. They've been good enough to allow mtb'ers to ride in there, what a slap in the face for their generosity.
 

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rbart45066

rbart4506 thinks all this stuff should just be delt with.

"I personally think this all comes down to a bunch people being worried about losing access to the trails in their own back yard because of overuse by outsiders."

Yup that's right.Our hikers are worried to. I don't think that the roady geeks care to much though.
 

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Phat Tyred said:
rbart4506 thinks all this stuff should just be delt with.

"I personally think this all comes down to a bunch people being worried about losing access to the trails in their own back yard because of overuse by outsiders."

Yup that's right.Our hikers are worried to. I don't think that the roady geeks care to much though.
Don't try and quote somebody out of context here...You can't just hijack somebody else's comment from one thread and bring it over to another thread and think it is okay...

I think this thread is about somebody taking legal action because somebody fell and they are ashamed for falling there...That's it...

I've fallen at kallopore and I didn't take legal action it's all part of the sport of learning how to mountain bike on different trails...

Shell
 

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Discussion Starter · #8 ·
Shell_76 said:
Don't try and quote somebody out of context here...You can't just hijack somebody else's comment from one thread and bring it over to another thread and think it is okay...

I think this thread is about somebody taking legal action because somebody fell and they are ashamed for falling there...That's it...

I've fallen at kolapore and I didn't take legal action it's all part of the sport of learning how to mountain bike on different trails...

Shell
Thanks for your note Shell. The lawsuit is requesting over $1,000,000 in damages plus costs, expenses, and what have you. If this lawsuit has any merit at all, why have the claimaint and its lawyer refused to be interviewed??

Once again I'm asking, does anyone know who this guy is?
 

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Story made it on the front page of the Star's website today.....

http://www.thestar.com/NASApp/cs/Co...968793972154&DPL=IvsNDS/7ChAX&tacodalogin=yes

For all of you interested his name is also mentioned in the story...

SO now everyone knows who it is...


----------------------------


The pothole, the cyclists and the lawyer

SLINGER

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."

Leone and his lawyer declined several requests for an interview, so we don't know the answers to three questions I left on his voice mail. Was he alone? Given the seriousness of his injuries, how did he make his way from the site of the wreck? And how much mountain-biking experience did he have, or was this his first time?

These lead to other questions. If a hole in the ground was such a surprise, would he have been better off mountain biking on a sidewalk in Toronto (although holes abound in them)? If the hole was big enough to crack up in, how did he fail to see it if he was "exercising reasonable care for his own safety" as his statement of claim attests?

And how come nobody else crashed into such a big hole, or did they and just figured that's the way it goes?

Certainly skiers have gotten hurt on the trails, some of them local experts, some severely — but nobody has ever sued before. Mountain biking ain't kiddie car.

By suing, James Leone might make it so that nobody can do either. Even if he loses, chances are that the limited insurance the volunteer organizations carry will become so expensive they can't afford it, or it won't be available at all. This would force them to stop the work they've done for years. The trails would disappear.

It is a curious thing, and it seems to be verging on epidemic — people refusing to accept responsibility for their own actions. If something bad happens to you, even if it happened because you did something beyond your abilities or plain foolish, blame somebody else. Nothing is your fault.
 

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This guy will likely lose his case. But that does not matter all that much. All of us have lost alot already because of his actions. The impact of his actions will be felt all over Ontario as groups try to protect thru INS.

This is our new Ontario.
 

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It sounds like this is his job.

[Link to where he works removed.]

You can easily find his bio online and basically his job is what this case is if that makes sense. I don't know how his case can pass the reasonable man test but it'll be interesting to see it play out in the courts.
 

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Phat Tyred said:
This guy will likely lose his case. But that does not matter all that much. All of us have lost alot already because of his actions. The impact of his actions will be felt all over Ontario as groups try to protect thru INS.

This is our new Ontario.

Lets go have an old fashioned lynching!
 

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Remember when we were kids and the geeks who needed a beating never got one because they cried to the teacher before the problem could be corrected.

Same here, James Leone, 31, his hand will shoot up so fast. Teacher I am being picked on.

Stay in the city, we do not want your kind in the country.
 

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Braids said:
It sounds like this is his job.

[Link to where he works removed.]

You can easily find his bio online and basically his job is what this case is if that makes sense. I don't know how his case can pass the reasonable man test but it'll be interesting to see it play out in the courts.[/QUOTE


yay google...


I hope this guys looses, we need an online petition...
 

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We shuold all be there

I think it would be great if as many of us that can get the day off work all show at the court house the day this trail opens. I think it is pathetic the way laywers try to justify the **** they do by saying it what a first law student learns. Your average grade 5 student knows not to try something he cant do. If I don't stop typing now I am going to get nasty.
 

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Johnny Hair Boy said:
I think it would be great if as many of us that can get the day off work all show at the court house the day this trail opens. I think it is pathetic the way laywers try to justify the **** they do by saying it what a first law student learns. Your average grade 5 student knows not to try something he cant do. If I don't stop typing now I am going to get nasty.

Hmmm this is a great idea, I feel for those who have ridden and worked on these trails over the years... surely it means much more to those associations... we need more details regarding the trial..
 

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I guess he wasnt making enough money at the firm so now is digging deeper the only way a good lawyer knows. :rolleyes:
 

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I think the landowners/managers could use everyone's support on this one... perhaps ppl with their own sites could set up a petition kind of a deal just to show ppls support ;)
 

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shabbasuraj said:
yay google...


I hope this guys looses, we need an online petition...
As someone already said, damage is done. You better get all the riding in you can this summer because after this case goes through either way it's probably going to be very limited. :(
I don't even understand how a REASONABLE PERSON wouldn't have an assumed risk of danger while mountain biking. This guy is a lawyer and this type of case appears to be his specialty and I also assume he has another lawyer working with him so there must be some merit to this case.
I'm debating contacting the guy running the Coulson's Hill races because if he doesn't clean up after the races that will be trouble. There is no way a reasonable person would expect tape across the trails and piles of logs at intersections like the organisers leave after the races especially on the weekend after the race occured. As I've stated in another thread, that is a lawsuit waiting to happen.

A petition will do nothing, this is a tort matter and the best thing we could do is give money to help them (the people being sued) hire the best lawyers and pay for the rising cost in insurance.
 
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