Archive for » October 17th, 2014«

BC Man’s Emails Making False Allegations Against Boat Dealer Cost Him $40000

KAMLOOPS, B.C. – A judge has ordered a British Columbia man to pay $40,000 in damages for sending emails making false allegations against a Seattle boat dealer.

The emails were sent during a dispute over defective windows on the man’s yacht.

Ray Prokorym, sales manager at a boat dealership, filed a lawsuit in B.C. Supreme Court against Robert Turpin following a series of emails sent in April 2012.

Court heard that in December 2011, Prokorym sold Turpin a used 19.5-meter for $1.16 million.

After Turpin, of 100 Mile House, B.C., took possession of the vessel, he realized some of the windows were defective.

In April 2012, Prokorym offered to split the cost of the windows — an $11,000 fix — in “good faith.”

Turpin did not accept the offer and instead sent an email to dealership employees, falsely describing Prokorym as a convicted sex offender.

Turpin also threatened to hang a banner from his boat calling Prokorym a liar.

He eventually sent the email to 23 addresses associated with yacht sales. He never followed through on his threat to send it to Puget Sound schools and churches and no banner was ever hung from his yacht.

B.C. Supreme Court Justice Ian Meiklem said the emails established publication of the defamatory claims.

In a sworn affidavit, Turpin said he was in “a tailspin, psychologically speaking, of drug and alcohol abuse” when he sent the emails.

He said he was forced to sell the yacht at a loss of $200,000 because he couldn’t afford to replace the 17 defective windows.

Meiklem ordered Turpin to pay $30,000 in general damages, $10,000 in punitive damages and $615 in costs.

Prokorym also filed a criminal complaint with the RCMP. That investigation is ongoing. (Kamloops This Week)


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Coronado High School Sailing Team Finishes 15th at Sea Otter Regatta

Posted: Friday, October 17, 2014 10:08 am
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Updated: 1:13 pm, Fri Oct 17, 2014.

Coronado High School Sailing Team Finishes 15th at Sea Otter Regatta

Nado Natterings by David Axelson

Coronado Eagle Journal

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Making their 2014-15 debut this year in ‘Nado Natterings’ is the CHS Sailing Team under the direction of Head Coach Brian Rigby, in his second season at the helm of the program. Before we get into the results of the Sea Otter Regatta, some background on high school sailing might be relevant.

The high school sailing schedule revolves around five main regattas that are held from October through March each year. Basically the sailing season covers the majority of the school year. The national governing body of prep sailing is the Interscholastic Sailing Association, which conducts the National High School Championships called the Mallory Cup for double-handed fleet racing and the Baker Trophy for team racing. Both events are held in May of each year and in past years Coronado has won their share of hardware in both races. 

The local sailing authority, the CIF of sailing if you will, is the PCISA or the Pacific Coast Interscholastic Sailing Association. The PCISA conducts the aforementioned five regattas which include the Sea Otter Regatta in Monterey (Oct. 11-12); the Anteater Regatta in Newport (Nov. 8-9); the Rose Bowl Regatta in Long Beach (Jan 3-4, 2015); the Golden Bear Regatta in San Francisco (Feb. 21-22) and the Gaucho Regatta in Santa Barbara (March 14-15).

Obviously the beginning of the current season was last weekend, when the Sea Otter Regatta was held. Coronado was well represented with two boats competing in the Gold Division. Unfortunately the sailing conditions weren’t great as there were very light winds off Monterey Pier. At least five knots of wind is needed for a sailing competition to be held. The Sea Otter Regatta races were held from 12 noon to 5 p.m. Saturday and only from 1 to 3:30 p.m. Sunday.

Coronado assigned two skippers and three crew to each of their boats. Only one skipper and one crew actually sails the boat at a time. The Gold Varsity boat skippers were Grace Yakutis and Nicky Simon. The crew included Casey King, Tanner Chapko and Katie Roughneen. The Gold JV boat skippers were Owen Schafer and Stewart Powell. The crew consisted of Rocky Phys, PJ Eaton and Evan Arnold. Coronado’s Varsity Gold boat finished in 15th place at the Sea Otter Regatta, while the Gold JV boat finished in 27th place.

The CHS Sailing Team has a total of 32 kids involved on the team according to program Coordinator Jill Powell. The next competition for the team is a Girls-only event to be held this weekend, Oct. 18-19, at the San Diego Yacht Club. A total of seven female sailors will represent Coronado in the event.

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Friday, October 17, 2014 10:08 am.

Updated: 1:13 pm.


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Emails making false allegations against Seattle boat dealer cost BC man $40000

A judge has ordered a British Columbia man to pay $40,000 in damages for sending emails making false allegations against a Seattle boat dealer.

The emails were sent during a dispute over defective windows on the man’s yacht.

Ray Prokorym, sales manager at a boat dealership, filed a lawsuit in B.C. Supreme Court against Robert Turpin following a series of emails sent in April 2012.

Court heard that in December 2011, Prokorym sold Turpin a used 19.5-meter for $1.16 million.

After Turpin, of 100 Mile House, took possession of the vessel, he realized some of the windows were defective.

In April 2012, Prokorym offered to split the cost of the windows — an $11,000 fix — in “good faith.”

Turpin did not accept the offer and instead sent an email to dealership employees, falsely describing Prokorym as a convicted sex offender.

Turpin also threatened to hang a banner from his boat calling Prokorym a liar.

He eventually sent the email to 23 addresses associated with yacht sales. He never followed through on his threat to send it to Puget Sound schools and churches and no banner was ever hung from his yacht.

B.C. Supreme Court Justice Ian Meiklem said the emails established publication of the defamatory claims.

In a sworn affidavit, Turpin said he was in “a tailspin, psychologically speaking, of drug and alcohol abuse” when he sent the emails.

He said he was forced to sell the yacht at a loss of $200,000 because he couldn’t afford to replace the 17 defective windows.

Meiklem ordered Turpin to pay $30,000 in general damages, $10,000 in punitive damages and $615 in costs.

Prokorym also filed a criminal complaint with the RCMP. That investigation is ongoing.


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Windermere 10mph speed limit row sees fresh calls for change

WINDERMERE’S 10nmph bylaw is ‘not working’ and an area of the lake should be zoned off for water-sports, a major public survey has found.

Nearly a decade after the limit was brought in, lake users are reporting dangerous ‘conflict’ and ‘disarray’ between open water swimmers, which have reportedly risen 10 fold, large sailing boats, and water skiers ‘flouting’ the 10 nautical miles per hour limit.

Some are calling for water-skiing, wake-boarding and mono-skiing to be cordoned off into a special zone and the speed limit in that area to be lifted to 20-40mph.

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But others want to see a total ban on all water-sports and more round-the-clock enforcement by SLDC rangers and the Lake District National Park Authority’s lake patrol team.

The speed limit became enforceable in March 2005 after decades of debate, but the survey now paints a picture of near misses between different types of users.

One respondent said: “On several occasions I saw lone swimmers in low visibility gear without support vessels in the middle of the lake and within 100 metres of powered vessels.”

The bylaw was suggested by the park authority to tackle the growing number of speedboats and reduce noise and disturbance to wildlife and residents.

But opponents argued that it was an attack on their right to enjoy a sport and that the area would lose £5.2 million every year from a small but high-spending tourist market.

While the speed limit effectively bans water-skiing, lessons can still take place under 10nmph and wake-boarding, which involves a single wide board or ‘snowboarding on water’, is still possible, as is mono-skiing, which involves a single slalom-type board.

One respondent said: “The blanket speed limit is proving unmanageable and unpoliceable.”

Another said: “The speed boats are still flouting this ridiculous law after the lake rangers have left at 8pm.”

Another added: “The whole thing needs a sensible re-think,” while another said: “Increase the speed limit in certain areas – lift the 10mph ban.”

The survey was commissioned by South Lakeland District Council and the Lake District National Park Authority and received more than 500 responses.

Responding to the survey at a meeting of the Lake Administration Committee, Coun Ben Berry, the Tory SLDC member for Windermere, has now asked for a background paper to help find a better ‘managed solution’ for discussion at its November meeting.

SLDC says that the report has not yet been finalised and no recommendations have been formulated.

It said in a statement: “The council has not changed its position on this issue since the public inquiry, in which it fully supported the introduction of a 10mph speed limit on the lake.

“Following some comments from respondents to the survey, officers have been asked to produce a background briefing report on managed solutions for water-skiers on the lake.”

Despite the calls for changes, the LDNPA does not believe it four-year-old lake management plan needs wholesale changes. It says it only intends a ‘light touch’ review.

A park spokeswoman pointed out that of an estimated 4,000 lake users only a small proportion took part in the survey, where feedback from sailing boat and motor boat owners dominated 507 of the 529 responses.

Mark Eccles, head of park management, said: “The perception that people have that an incident, accident or conflict is going to take place is often much greater than the reality of actual incidents.

“If some people are not complying with the by-laws, our approach is let’s advise, educate, raise awareness and ultimately, if we have to, prosecute,” said Mr Eccles.

“A tremendous amount of time, effort and input by all interested parties, an extensive public inquiry and judicial review has shown that zoning – especially in light of the inherent rights of way – is not feasible. We want to look forward, not back.”

The LDNPA says that the rights of navigation – which allow all type of users on the lake – means that zones cannot be ‘sectioned off’ for exclusive use by a single group.

But Cllr Berry says the law could be lifted by an Act of Parliament and claims SLDC and the LDNPA are ‘terrified’ of a fresh speed limit debate.

Cllr Berry said: “They have gone out with this survey and usually frame the questions so that they get the responses they want but they left a section open for any other comments and it’s clear the overwhelming majority want change.”

In the last three years, 27 people have been prosecuted for breaking the bylaw and there has been four prosecutions in 2014.

The park says it takes no profit from fines and does not hold prosecution statistics dating beyond 2012. It says staff regularly work after hours during the summer months.

Judith Moore, for the Friends of the Lake District, said the management of the lake ‘works well for the majority of visitors’.

Thomas Noblett, managing director of the Langdale Chase Hotel for 21 years, swims in Windermere every couple of days.

He says that on rainy and misty days, swimmers in black wetsuits and black caps can be ‘invisible’ to power-boaters and sailors – especially if obscured by waves or wakes.

Mr Noblett, who supports the 10nmph limit, says open water swimming has never been ‘more popular’ but there is conflict if a ‘brazen few’ in powerboats disregard the bylaw.

“It’s only a matter of time before someone is killed,” claimed Mr Noblett. “There’s a lot more people on the lake now and it’s opened it up to vulnerability.”

Paul Noble, 50, runs Windermere Canoe and Kayak, at Ferry Nab, and has instructed on Windermere since 1981. Mr Noble is not anti-power-boating but would like to see it sectioned off.

“What has changed is that sailors and canoeists and swimmers have got very used to doing what they want,” he explained. “It’s become a paradise for us.

“It’s become a world class lake to paddle on and open swimming has grown phenomenally but I do think there will be an accident.”

He added: “Swimmers, canoiests and kayakers do not spend the same money as power-boaters used to and don’t stay over the same.”

Forecasts from 2001 suggested the area would lose 210 businesses and take a £5.2 million annual hit.

Paul Hardman, 47, from Kendal, who represents powerboaters on the lake, said: “It is the view of the vast majority of users that I represent that the current blanket management plan of 10 nmph miles per hour is not the finished article and is not providing the best solution. People don’t want a free-for-all but they want an inclusive management plan which allows activities above 10nmph.”

Carole Shaw, chairwoman of the Lake Users Forum, said members believe Windermere can be ‘better managed’. “The forum does not believe that the speed limit should be removed,” she said.

“It will take time to develop a more integrated and proactive management plan that will serve the public better.

“However at the moment neither LDNPA or SLDC, for whatever reasons, are interested in taking a lead and are reluctant to explore ways to respond to the feedback they are getting about the need for a better managed lake resource.”

TIMELINE

FRICTION between those who want Windermere to remain ‘tranquil’ and those who want to use England’s longest lake for power-boating flared up 88 years ago.

In a letter to the Gazette on September 18, 1926, a resident complained about the ‘deafening and persistent roar that pervades the whole length of the lake’ – disturbing it for those seeking ‘rest and peace’.

“For goodness sake,” he or she wrote, “let us stop this vandalism before it takes root.”

It provoked a backlash from supporters who argued that power-boating brought vital money to the resort.

And just four years later, Windermere rolled out the red carpet for American Sir Henry Seagrave to set a new world water speed record.

Tragically, he died on Friday June 13, 1930, undertaking a second run on Windermere having set the new world record.

Windermere had been the only lake available to water-skiers following the Three Lakes Bylaws Inquiry in 1976 which banned watersports on Coniston, Ullswater and Derwentwater.

Back in 1976, what is now the LDNPA, formed a ‘committee’ to prepare a Lake Management Plan for Windermere.

Within 20 years and with echoes of today, the plan was found to have ‘major difficulties’ balancing the ‘contrasting requirements of lake users’.

A seminar held in 1989 found that conflict on the lake was ‘unacceptable’ and led to calls for bylaws to be introduced.

By 1991, the Lake was found to be ‘dangerously congested’ with 812 craft on the water – 368 of which were power-boats.

In 1992, the national park suggested a 10mph bylaw and in August the idea was submitted to the Home Office.

Then Home Secretary Michael Howard ordered a public inquiry which took place between May 1994 andJanuary 1995.

High-profile supporters of the limit included mountaineer Chris Bonington and Cumbrian-born Melvyn Bragg, while former England rugby union star, Bill Beaumont, and then BBC1 Radio DJ Gary Davies, were in the pro-speed boating corner.

The inspector Alun Alesbury submitted his report but the bylaw bid was rejected by the Government – a decision fought by the National Park in judicial review.

By 1997, the then Labour government and John Prescott decided not to contest the judicial review and instead reconsider the inspector’s original report.

In 2000, then Environment Minister Chris Mullin MP confirmed the new bylaws would come in on March 29, 2000, but would not be enforceable until March 29, 2005 to allow tourism business in Windermere time to adapt.


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