Surfing etiquette's up in court

Last Updated: Friday, January 22, 2010 | 1:26 PM AT Comments36Recommend57

CBC News

When two surfers collided off Nova Scotia last year, it set off a lawsuit that turned a small claims court into a class on surfing etiquette.

And this week, it became a $839.68 lesson for one of them.

Donald Crowe and Jeffrey Adams ran in to each other while surfing along the Eastern Shore, near Halifax. The two were on good terms, but Crowe was less than impressed when Adams told him to "suck it" and refused to pay for his damaged surfboard, according to a court document released Thursday.

Instead of fighting — the way Crowe said disputes are normally settled — he decided to sue. He demanded $750 US for a replacement board, claiming Adams broke an unwritten rule in surfing circles by paddling into the breaking point of the wave while he was riding it.

Adams argued that that rule was simply a courtesy. He said Crowe could have got out of the way but didn't, and took a risk anyway by participating in a dangerous sport.

Crowe, who goes by the name Buck when surfing, called himself an "expert experienced" surfer. He said he even gave Adams helpful tips over the years.

Several witnesses were called to testify about surfing rules during the one-day hearing in November. They said that Adams, the less experienced surfer, should not have paddled into the breaking part of a two-metre wave when Crowe was in it.

The small claims court adjudicator, David Parker, agreed that the rules of surfing etiquette aren't binding in law, but he concluded that Adams failed to act properly.

"If he had done or taken other action this may have been avoided," Parker wrote.

He ordered Adams to pay $750 Cdn to replace Crowe's board, along with $89.68 in court costs.

More Ruminations

January 19th
At some point tonight a shadowy figure will make its annual pilgrimage to Edgar Allan Poe’s gravesite to mark his birthday. Today is also Robert E. Lee’s birthday, strange bedfellows dates can make. Apparently Poe’s benefactor missed this year. Ironic, Lee’s birthday being the day after Martin Luther King’s.

I’m reading short stories by Michael Bryson. In one he lists the fact that Molson doesn’t sell Canadian in Quebec. Well, Dah! They know their market. It wouldn’t be the first time a product was restyled to suit a local agenda. In the US Lawrence Hill’s Book of Negroes goes by the title ‘Somebody Knows my Name’.
Outside my window a mockingbird has been serenading me off and on all day. It is with great sadness I just read of the death at 63 of Kate McGarrigle, the younger sister in the duo, The McGarrigle Sisters. Their ‘Talk to Me of Mendocino’ was constantly in my mind last year as I camped near Fort Bragg, California with the Redwoods at my back and the Pacific Ocean before me. Aside from owning all their CD’s I have had the privilege of attending two live concerts, one in the intimate Studio Theatre at Harbourfront in Toronto Ontario. Watching them perform live was like seeing one brain in two bodies. They finished one another’s sentences and sensed exactly what the other was about to do without ever looking that way. Their symbiosis was uncanny. Their folk stylings defined an era and I admire them for taking on the music business on their own terms taking a break to raise their families and releasing albums when they were ready, touring in a limited fashion when they felt like it. My sympathies are with Rufus and Martha.
Just read the lead article in this past week’s Onion, that paragon of Faux News published right here in Austin. The Headline reads ‘Gay Teen Worried He May Be Christian’.
http://www.theonion.com/content/news/gay_teen_worried_he_might_be
The story may be a put-on but even so it puts matters in the right perspective.

OOPS

Thousands of Halton parents get unwanted wake-up call

By Adrian Morrow/Toronto Star

News
Jan 18, 2010

It's one thing to install a new auto-dial software system. But it's quite another to announce it to 25,000 households at 5 o'clock on a Saturday morning.

That's what happened to the Halton District School Board this weekend when it accidentally sent out a phone message to parents, advising them that school was canceled.

To add to the embarrassment of school board officials, the message warning of "inclement weather" went out on a balmy morning.

And, of course, it was Saturday.

The trouble began last Monday when, eager to try out an updated version of the system, school board officials held a test run.

An employee created an automated message advising that bad weather had forced the closure of every school in the region for the day and fed it into the system. Once the test was done, the worker thought she had deleted the message.

She was wrong.

At 5 a.m. Saturday, the system started calling homes in Burlington, Oakville and the surrounding area. The employee who made the mistake was one of the people woken up.

Realizing something had gone awry, she scrambled to fix the problem, but it was too late. By 5:30 a.m., every household had been called.

"I was just so distressed from it," said Julie Goode, who lives in southeast Burlington with her husband and two children.

"I leapt out of bed because I thought it was about my parents. That's the first thing you think, is that it's something bad. Then they said the schools are closed. I thought it was a practical joke."

Oakville resident Sharon De Vellis, mother of two children, rises at 6 a.m. on weekdays and was looking forward to catching an extra hour or two of shut-eye Saturday morning.

It was not to be. At 5:07 a.m., she got the call.

"I did grapple for the phone, thinking that someone had died," she recalled.

De Vellis laughed off the rude awakening Saturday afternoon, as she tried to distract her kids with a movie while she stole off to take a nap.

Board officials promised to take steps so it doesn't happen again.

- with files from The Hamilton Spectator

as reported in the Oakville Beaver

Blogged with the Flock Browser

I've Got That Rainy Day Feeling in Austin

Some days just don’t seem to be worth getting up for. If only leaving the curtains closed could make them go away. We had a thunderstorm in Austin last night. Such things are novel in January where I come from; in Austin sizable rainfalls are also uncommon. In arid territories things happen when it rains. Desert plants shed their leaves to conserve moisture, not to protect from cold and snow; so when it rains things start happening. Cacti sprout leaves and bloom, trees start growing again, buds swell, and flowers appear. Dry creek beds, arroyos, suddenly become raging torrents and roads get flooded. Canadians would say, at least we don’t have to shovel it, this side of the border it is hoped we don’t have to sand bag it. In an arid land water is always welcome. I just hope it lets up somewhat before I have to walk over for my concert this evening.

No such luck! I walked the quarter mile to the Long Centre in the middle of a cloud-burst dodging the spray from passing cars. What follows will be a concert review. For the record my centre row seat at the front of the balcony afforded near-perfect accoustics.

In an age when most people hear music recorded on a CD a live concert is an entirely different experience. This was an all-Barber Concert dedicated to his 100th Anniversary and since the feature artist was Nadja Salerno-Sonnenberg playing the Violin Concerto I’ll begin there. Nowhere is the difference between recorded sound and the live experience more dramatically apparent than in the ‘contest’ between a single violin and a large symphony orchestra. Without the close miking of the soloist which allows the violinist to stand out on a recording one is struck by how small is the tone of a single violin in contrast to say a flute or clarinet. In a concerto a solist plays not so much with the orchestra but its conductor. Peter Bey is emphatically a solist’s conductor for without his co-operation in holding back the orchestra the solist could have easily been drowned out completely especially since this solist chose to interpret this concerto with an ethereal delicacy. I have seen solists who looked daggers at their conductor and stalked off stage without giving him a second look, but these two exchanged enthusiastic hugs after the performance and the solist applauded the orchestra. Not since I attended an old-time fiddling concert in PEI have I seen an artist give such an animated performance. This one did not stomp her feet but she definitely danced across the stage feeling the music as much with her body as her with hands and bow.

Symphony # 1 which follows was not familiar and displayed the kind of dense internal development one would associate with the likes of Bruchner. The opening music from Medea was new to me as well. There’s a reason this number opened a program which featured more familiar and popular opuses. The organ concerto which ended the first half suffered largely from the lack of a real organ; watching the stagehands wheel the electronic monster onstage and assemble it being more dramatic than the sound it made.

Given the popularity and ubiquitous nature of the Adagio for Strings giving it a fresh airing is a challenge for any group. Maestro Bey chose a mannered, delicate approach emphasizing the interplay between the tonal groups of the string section.

My walk home was only slightly less damp. In fact Maestro Bey congratulated his audience in braving the elements to attend the evening’s concert.

Left Hand Driving

Fact of the Day: drive-on-the-left locations
No one knows for sure, but some suggest that left-side driving originated from the fact that carriage drivers liked to sit on the right to give their whip hands more freedom. In the Middle Ages, one kept to the left for the simple reason that one never knew when someone unfriendly would come along, and driving on the left kept the right arm free to hold a sword. This custom was given official sanction in 1300 AD, when Pope Boniface VIII invented the modern science of traffic control by declaring that pilgrims headed to Rome should keep left. The first known keep-right law in the U.S. was enacted in Pennsylvania in 1792, and the other states and Canadian provinces followed suit.

A comic aside states that men tend to sleep on the right side of the bed because even in bed they want to be in the driver's seat.

Five Most Ridiculous Lawsuits

The top five Most Ridiculous Lawsuits of 2009 are:

5. Neighbor sues woman for smoking in her own home;
4. Double-murderer sues to claim his victims' classic Chevy pickup;
3. Holocaust denier sues Auschwitz survivor, alleging memoir contains "fantastical tales;"
2. Tourist sues hotel, claiming swimming pool got daughter pregnant;
1. Illegal immigrants sue rancher who stopped them on his property at gunpoint and turned them over to the Border Patrol.

According to the US Chamber of Commerce.

Some lawyer actually took these on? No wonder lawyers have a bad rep.

Slacking Off in Austin

I must apologize to my regular readers for the paucity of personal entries in this blog since I reached Texas. I’ve always rued the fact that I got stuck with Windows Vista when I bought my first laptop but reverting to XP hasn’t been an option since drivers for that OS weren’t available for my model. Just as I reached Austin the OS crashed once again and after 3 attempts to get it up and running again finally broke down and went out to pick up Windows 7. HP does provide drivers for that system. Windows 7 is half the size of XP and Vista and remarkably makes my display look sharper and brighter. The one deficiency of an otherwise rolls royce laptop HP put together for its Pavilion dv-7 line is an underpowered video card. I suppose their concern was heat since it was a video card burnout that destroyed the motherboard on my former model. Among the improvements I’ve noticed is the fact that icons in my system tray always appear in the same location relative to their last entry whether or not they are loaded with Windows or started later. But enough geek tech.

I drove into Austin on Saturday November 14th and set up for the night in the Gethsemane Lutheran Church parking lot where I was promptly met by Pastor Karl Gronberg. There’s a reason I wanted to come back to Austin. Even before I’d had a chance to clear the highway dust from my pores he picked me up and took me along on a couple of pastoral calls. With service next morning I felt immediately at home once more. To solidify the relationship my friend John gave my arm a gentle twist inviting me to join choir for the Christmas Season. Those in the pews have no idea the number of practices and shuttlings back and forth to church involed in those few minutes of special music choirs provide. For the Christmas Season there were also a round of public commitments including a ride in the church van with the Pastor on the Friday before Christmas to carol for sick and shut-in members.

In the last two months I’ve spent way too much time doing computer software maintenance and too little actually using it. There are still programs missing from the present system. When I wasn’t off singing or installing software I did manage to get reacquainted with Austin South of Town Lake. My second day in town I moved back into my former campsite at Pecan Grove Campground, 1518 Barton Springs Rd just down the street from Zilker Park. The grackles still give their typical wolf whistles that I have come to associate with the place and Romeo’s next door still plays live Jazz Friday and Saturday Nights. I was somewhat put out when they started playing Xmas Musak Thanksgiving Day!

I still enjoy Romeos Texan Italian Style Eggs Benedict with a cold bottle of Maine Root Ginger Beer after church on Sundays. Uncle Billy’s on the other side of the park still sell pints for two bucks on Tuesdays and smoke Texas BBQ, I nod to the bartender and he brings my order these days. Green Mesquite up the street still offers blue plate specials daily--don’t know if their hot sausage has gotten milder or my palette more accustomed to hot food but their Jambalaya didn’t repeat on me this time round. Chuys next to the park still have Happy Hour Margaritas and offer up their Tex Mex specialties and complimentary tacos and salsa. I’m still not sold on refried beans and can do without black beans. Got down for lunch at Artz Rib House where the must do is Baby Back Pork Ribs with salad. The weeds grow up through the bricked in patio but the food is good.

Across Town Lake Whole Foods still charge $20 an hour for roof-top skating and Readers Den is next door. Across the street Waterloo Records make me feel I’m back on Yonge Street in Toronto at Sam the Record Man. On sunny days the cinder track around Town Lake is packed with joggers of all shapes, sizes, and fitness levels. Zilker Park lit its famous 160-ft Christmas Tree but economic considerations scaled back the trail of lights to the point where venders out-numbered light displays and the portable generators drowned out the music. The condos next door are still under construction though work is concentrated away from our park. Got my electric bike its yearly maintenance and although it runs better than it did new have not been out much since I got back. There are a large number of for sale signs in the neighbourhood south of us. I did walk down for brunch and a movie at the Alamo Drafthouse.

During the Christmas Season got to attend a benefit concert for North Austin Caregivers which took place at Saint Louis King of France Catholic Church which seats nearly 1000. Sixteen choirs took turns singing while the congregation sang seasonal carols to a huge 3-manual Aeolian-Skinner Pipe Organ. The Peace Tree Ceremony inaugerated after 9/11 had to be one of the more eye-opening events in which I participated. Taking place in the basement of a library in a neighbourhood where signs warned to keep your vehicle locked, the presentations were a multi-cultural mix that included WASPs perfroming African Drumming, Celtic Harp, Irish Tin Whistle, Afro-Americans singing operatic numbers, a barefoot Spaniard playing guitar with bells at his ankles, and two little Hispanic Girls doing Indian Belly Dancing while their overweight brothers did their best impression of the plumbers butt crack display. Keep Austin Weird indeed.

The Campground is indeed in a Pecan Grove and although I’m told this year’s crop was not optimal I still managed to collect nearly a gallon. An early killing frost the first week of December brought down the house, covering my RV in leaf fronds that were still green. To mark the second week of 2010 we are to enjoy yet another deep freeze, this one extending all the way into Florida. I’m just thankful it’s happening now and not last week this time when I went camping at Bastrop State Park with the local Sierra Club.

Oops

Halifax buys illegal sign for community centre
Last Updated: Tuesday, January 5, 2010 9:20 PM AT Comments31Recommend16
CBC News
The message on this sign in Fall River used to change many times a day. Now there's one message. (Phonse Jessome/CBC)
It turns out that you can't beat city hall — even if you are city hall. That's the lesson learned when Halifax Regional Municipality spent thousands of dollars to put up a sign that violates its own bylaws in front of the new Gordon R. Snow Community Centre in Fall River.
The sign showed the time, the temperature and a scrolling message about activities in the centre.
Similar signs are used in other parts of Halifax, but they're not allowed in Fall River. So, when city planners found out about the sign, they issued an order to turn off the scroll. Now, a fixed message is in place on the sign.
District 2 Coun. Barry Dalrymple said that no one bothered to check the rules before forking out the money for the sign, and he doesn't want to know how much this mix-up cost
"To be honest with you, I don't want to know. That would be heartbreak, I'm sure," he said.
The city estimated the sign cost between $40,000 and $50,000. The bylaw states that the constant scrolling on the sign is too distracting to drivers.
"We do often hear that if the signs are changing, they become a traffic hazard, a traffic distraction, "Dalrymple said. "You know, I'm sorry, I was a policeman for a long time — I don't buy it."
For now, the message on the sign can change once a day while city planners review the bylaw.
This is yet another problem for the new $9-million centre.
When it opened in February, officials discovered that the underground well system produced only a little water, and that it contained too much iron and manganese.
The Halifax Regional Municipality had to issue a tender to provide water from a cistern.