Please accept my apologies in advance to those who find copy and paste posts offensive.
I was recently introduced to CanLII, a site that archives court decisions. After a brief search for "UBC", I found this one which was too funny not to pass along.
"The plaintiff says that U.B.C. should not have left a goal upright on McInnes Field at night. I reject the suggestion that the goal as it stood was an allurement or trap to the plaintiff, an adult male, to use as a kind of jungle gym."
An excerpt, condensed and edited to remove extraneous information:
The plaintiff claims damages for injuries suffered when, after clambering onto the crossbar of a portable soccer goal at the University of British Columbia, the goal tipped forward, the plaintiff fell and the crossbar hit his face.
The plaintiff, aged 33 years, is an unemployed mill worker living in Prince George. On Friday, 10 March 1990 he was staying with a friend in Vancouver. He went out with his friend early in the evening for Chinese food. He drank two bottles of beer. After returning to his friend's apartment he left to go out for the evening with another friend, Brian Saarela. They went to a cabaret for an hour or so where the plaintiff said he had one bottle of beer. After waiting in a line-up to get into the Kitsilano Pub, the two friends decided instead to drive to the Pit, a drinking establishment for students at U.B.C. They arrived there shortly after 11 p.m. and stayed for an hour and a half or so. The plaintiff said that while there he drank three or four pints of beer.
The plaintiff had not visited the U.B.C. campus before. He was taken there in Brian Saarela's truck. Saarela parked his truck in a parking lot at the side of McInnes Field, a large grassed sports field adjacent to the Student Union Building which houses the Pit. The plaintiff and Saarela walked across McInnes Field to get to the Student Union Building. There were portable goals on and around the field (perhaps four in total).
The two friends emerged from the Pit at about 12:30 a.m. and began retracing their steps across McInnes field to get to their vehicle. The two men approached a portable goal which was standing upright on the field. The plaintiff began to walk across the front of the goal. Saarela saw his friend put his right hand on the goal's left upright post. He saw nothing more until a few seconds later he heard a thump and saw his friend lying face up on the ground with the goal's crossbar across his chest. Saarela's attention had been diverted when he was fumbling in his pocket for his watch and then dropped it.
The plaintiff says that he jumped up and grabbed the crossbar with both hands. He was facing along the line of the crossbar. He pulled himself up to the bar and then threw his right leg up and around it. Then says the plaintiff, "I think I felt it let go - something give...it happened so fast, I didn't have time to do anything...I was on the ground...with the crossbar on my face".
Brian Saarela assisted the plaintiff back to his truck and drove him to the nearby emergency ward of the U.B.C. Hospital. The plaintiff was found to have suffered severe facial injuries. It was the view of both the emergency ward doctor, and the plastic surgeon intern who saw him later that night at the Vancouver General Hospital, that the plaintiff had been drinking heavily.
The plaintiff says that U.B.C. should not have left a goal upright on McInnes Field at night. I reject the suggestion that the goal as it stood was an allurement or trap to the plaintiff, an adult male, to use as a kind of jungle gym.
Even if it can be said that U.B.C. should have reasonably anticipated that the occasional nighttime visitor, inebriated or not, might try to do chin-ups on an encounter with the portable goal while crossing McInnes Field, that I find is not what happened in this case.
I regret the plaintiff's serious injury, but must conclude that he was the author of his own misfortune.
The plaintiff's claim must be dismissed with costs on scale 3.
Wednesday, April 15, 2009
From the Archives
Tuesday, April 1, 2008
UBC school of music takes a stand against CBC Radio 2 butchering
I admit, this is a topic that I would have written about regardless of the UBC angle. I'm that angry over it. And you should be too. Our wonderful public broadcaster needs to listen to its listeners, for once.
CBC management, with the wisdom of it's lobotomized-gerbil brain trust, decided last Thursday to disband the CBC Radio Orchestra, the last remaining radio orchestra in North America. This move follows closely on the heels of a major overhaul of the Corp's Radio 2 programming away from its core classical programs towards more "diverse" music. Basically, all the best classical programs from the morning and evening primetime slots have been axed, to be replaced with poppy "easy-listening" largely Canadian content. Classical programming will be relegated to daytime hours when most people are at school and work.
This morning around 10:00, 150 people gathered outside the CBC to protest these changes. Among them were UBC students and faculty from the school of music, who had their classes cancelled this morning in order to attend. Read about the protest HERE, and see a couple photos on Tod Maffin's CBC blog HERE.
The "Save Classical Music at the CBC" facebook group summarizes the changes announced for Radio 2:Gone are Music & Company - Tom Allen's morning show, Here's to You - Catherine Belyea's (Formerly Shelley Solmes') all-request show, Studio Sparks - due to the venerable Eric Friesen's "retirement", and Disc Drive - Jurgen Gothe's popular drive-home show after almost 30 years. These changes come on the heels of last years round of cuts to vital programs such as Danielle Charbonneau's much-loved Music for Awhile; Larry Lake's new composer showcase Two New Hours; Symphony Hall - Canada's live orchestra recording showcase; The Singer and the Song - Catherine Belyea's excellent Classical vocal program; Northern Lights - the overnight Classical program beloved by Night Owls everywhere; The reformatting of In Performance- a primarily classical live performance show into the much-reviled Canada Live - a uniformly non-classical and completely unfocused hodge-podge of World music, soft pop, and sort-of Jazz; and the controversial replacement of veteran Howard Dyck from Saturday Afternoon at the Opera after many years of great service.12. The CBC axing the Radio Orchestra one day citing lack of resources, and the next day buying hugely expensive full-page ad in the Globe and Mail to convince us how wonderful everything is going to be in their Brave New World.
This isn't including changes that have already occured, including the cancellation of Rick Philips's wonderful Sound Advice, Two New Hours, the axing of the classical division of the CBC record label, and plenty more. You can get the full list of the denuded classical programs HERE.
All this is to snare elusive and desirable "demographics" and convert them to CBC listeners. Apparently, classical music is only enjoyed and appreciated by retired grandmas, and the rest of us "key demographics" are just way too cool for it. Instead, we would like to listen to Leslie Fiest and Joni Mitchel ad infinitum. Eugh. Jeffery Simpson and Russel Smith had a good articles about all this in last week's Globe. The McGill Daily also reported on it. I agree with Mr. Simpson that CBC is only relevant and worth the investment as long as it caters to Canadians' intelligence and high culture. Diluting Radio 2's classical offerings in a race to the bottom with commercial radio is a lack of foresight of the worst kind. I think it's undeniable that CBC needs another national FM frequency for a wider variety of popular and world music - and that's originally what CBC Radio 3 was envisioned to be. Unfortunately, that idea was also demolished by another foresight-deficient president (Rabinovitch) only leaving a sort of internet residue - and we're paying for it now. It's sad to see Radio 2 being re-directed to straddle both missions - because it won't do a good quality job at either.
If you want classical music to stay, make your voice heard. I've written a letter to my MP, and various members of the CBC brass. Find contact details on the facebook group.
Thursday, August 30, 2007
Eom, Louman-Gardiner, Kreitzman, meet in unprecedented summit
Monday saw the first-ever gathering of three of UBC's preeminent bloggers. In an unprecedented move, the three pen-wielding heavyweights met for sweet-potato frites and girly beer at a depressingly swish, undisclosed Main St. location. In two and a half hours of talks, Eom professed the "new worldliness" of her pinot, and Louman-Gardiner brought up his disapproval of yellow shirts, while Kreitzman revealed plans to change her hair to blue. It was agreed that Cambie would soon be the new Main, and the three unanimously vetted the statement that "it is not one's responsibility to keep track of strings of an ex's SO's names," but there remained an uneasy disagreement on the question of the value judgement inherent in the word "hack."
Louman-Gardiner sported a sharp boy-scout-turned-office-lackey look in a dress shirt and tie, while Kreitzman scored the "what was she thinking?!" prize in a nubly woolen cardigan and cowboy boots. Eom looked ravishing in high-collared silk blouse and signature heels, and Reka Pataky charmed in a cropped hairstyle and draped collar.
This meeting is perceived to be a landmark in the UBC blogging landscape, but it may prove to be of symbolic, rather than practical significance. The three have been blogging together for months without an apparent lack of unity, confirmed a high-level source. This will simply solidify their image as a triumvirate to take notice of, he said. But all may not be as well as it looks in the world of UBC Insiders. Reports of Eom's imminent departure for her native land of Germany could signal a new era for the political blog.
Thursday, July 5, 2007
Stephen Owen appointed VP External and Community Relations of UBC
While I would like to think that propriety calls for our university administrators to remain at arms' length with federal/provincial political parties, this recent development compounds to paint the following picture:
- Stephen Toope is a founder and former chair of the Pierre Trudeau Foundation. While "non-partisan", it's Pierre Trudeau, Mr. Liberal posterchild from the glory days and perhaps a major reason why some individuals still support the party.
- Stephen Owen quits his Liberal MP post to join the UBC administration.
Is it just me, or is our University too close for comfort in arms with the Liberals? We have a conservative federal government, making my point that perhaps we, as a public autonomous institution, should remain appropriately outside of the realm of blatant partylines. I expect Matthew Naylor to post with vigorous defense.
Full media release from the UBC Website behind the jump:
Media Release | Jul. 5, 2007
Stephen Owen Appointed Vice President, External and Community Relations
The University of British Columbia Board of Governors today approved the appointment of Stephen Owen as Vice President, External and Community Relations.
Owen, a UBC alumnus who is the Member of Parliament for Vancouver Quadra, the Vancouver constituency that includes UBC, will resign his seat July 27 before assuming his new UBC position August 15.
“Stephen Owen brings to UBC uniquely broad insight and experience developed through a distinguished career of public service that has been a hallmark of integrity,” said UBC President Stephen Toope. “His decision to join our university underscores the paramount importance we place on effective relations with our communities as UBC, already one of the world’s 40 best universities, prepares to enter its second century of service to British Columbia, Canada and beyond.”
The position description for Owen’s responsibilities states: “The External and Community Relations Portfolio is responsible for guiding and enhancing engagement with government at all levels -- municipal, provincial, national and international. It develops community relationships with civil society, neighbourhood associations and social movements; enhances cultural aspects of university life related to staff, faculty and students studying, living and working together; and builds a sense of belonging to form a vibrant and cohesive community.”
“I am thrilled to return to my alma mater as a member of Prof. Toope’s executive team,” Owen said. “UBC’s strategic plan, Trek 2010, lays out an ambitious plan for the university to become one of the world’s very best. I am thankful for the opportunity to lead the communication effort around the truly compelling story of teaching and research excellence that UBC has created in the last 100 years.”
UBC units Owen will oversee include: Ceremonies and Events, Community Affairs, Government Relations, the Learning Exchange, Public Affairs, University Counsel (legal office), and university operations at UBC Robson Square.
Owen, 58, was born in Vancouver. He and his wife, Diane, a UBC alumna and a UBC online instructor in intercultural communication, have two sons. Owen received his Law degree from UBC in 1972, his Master of Law from the University of London and his MBA from the University of Geneva.
Owen’s career has taken him from legal advocacy work in Vancouver’s Downtown Eastside, through a variety of high-profile senior provincial positions such as Ombudsman and Deputy Attorney General, and forward to the national and international stages.
Following election as MP for Quadra in 2000, he served as Secretary of State for Indian Affairs and Northern Development, Minister of Public Works and Government Services, and Minister of Western Economic Development. From 1997-2000, he was David Lam Professor of Law at the University of Victoria, and he has consulted internationally on a variety of human rights issues.
A complete CV is available at:
www.stephenowen.ca/Content/Default.aspx?pg=1004.
Owen succeeds Dennis Pavlich, who resigned in June to take on the presidency of the Great Northern Way Campus, a consortium of BCIT, Simon Fraser University, the Emily Carr Institute of Art + Design and UBC. The new institution has a focus on arts and culture, urban sustainability and digital media.
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