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04-10-07, 05:38 PM

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Greetings Folks,

The Kolapore vs. James V. Leone lawsuit is still ongoing. There have
been new developments since you posted up about it in April 2005.

I've attached some links that go to updated information (and active
threads) on mtbr.com addressing this issue. Some gents have obtained
some of the legal documentation which gives some interesting details.

http://forums.mtbr.com/showthread.php?t=274784
http://forums.mtbr.com/showthread.php?t=74213
http://www.nsmb.com/shore_news/beardwinter_04_05.php

So if you can, give those a read. The most interesting snippet I've
taken in part from
http://forums.mtbr.com/showthread.ph...36127#poststop :

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First of all I have the notes filled as Leone v. University of Toronto,
Barrie Court File No. 04-B8059, heard before the Ontario Superior Court
of Justice on August 3 and September 6, 2006, with judgment on September
25, 2006.

There are some important items that are mentioned in the “Findings”
section of the document, that are useful for the public and land owners
alike to know about to provide ever increasing wisdom in the world we
live in.

- Always put up signage indicating users of trail must do so at own
risk, and that trails are not regularly maintained, inspected, and may
contain hazards. Otherwise you could be held responsible for accidents
if you own the land or had a hand in building the trails.

- Signage must be at all points of trail entry, not just the head of
trails. Mr. Leone apparently entered the trails system on a side road
and therefore saw no signs.

- Even though you may only allow trails to be used for cross country
skiing during the winter months, the fact you may be doing trail
maintenance during other months of the year means that the trails are
your responsibility all year round (unless you put up signage mentioned
in first point, or clearly put up signage prohibiting other specific
activities).

- If you know that other types of users are using your trails for other
activities than intended, like mountain biking, ATV’s, camping, or
horseback riding, then you have a duty of care (ie. responsibility) for
these people. Unless, of course, you put up signage as mentioned in
first point.

- If someone has an accident on your property, always make sure you act
by doing something to prevent it from happening next time. Otherwise you
will be accused of negligence if you do nothing.

- Even though a hole may be created by an ATV on your trails, causing
someone to trip over it and break their spine, you are responsible for
this hazard and fixing it (unless you have clear signs indicating that
ATV’s are not allowed, or again, if you have signage as mentioned in
first point).

>From the statements of the court mentioned in this document, it appears
that Mr. Leone has a good case to win so far.
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