42 replies to this topic

[jonny]

In the end the person that fired it is responsible. Now, how easy to collect is a different story.

 

This is not correct if it was accidental.

 

Liability implies fault. Fault requires a wilful act or negligence. Accidentally hitting a golf ball off the fairway is neither wilful nor negligent.

 

I came across this with a softball incident. If I hit a softball that strikes a car that is parked next to a softball field, I am not liable. The car owner has assumed risk because a reasonable person knows that an errant ball could leave the field.

 

 

In a negligence claim, there must be some duty owed to the injured party. No court has simply implied a duty to any sports facility without unique facts. So, with an absence of some wrongdoing—and given also potential assumption of risk, and even possible comparative or contributory negligence—it remains highly unlikely that the field, team, or player(s) would be liable for any damage done to a vehicle near a ball field.

 

https://injury-law.f...m-base-ball.htm

 

 

While the law varies from state to state and from case to case it's rarely the offending golfer who is responsible for the damage.

 

http://www.golf.com/...over-your-asset

 

The reason I asked LJ who paid was I was wondering if BM pays, or if this is a homeowner insurance issue.

Edited by jonny, 03 August 2017 - 01:03 PM.

[lanforod]

Here is a good Canadian article on this: https://www.ngcoa.ca... Golfballs.pdf 

[LJ]

This is not correct if it was accidental.

 

Liability implies fault. Fault requires a wilful act or negligence. Accidentally hitting a golf ball off the fairway is neither wilful nor negligent.

 

I came across this with a softball incident. If I hit a softball that strikes a car that is parked next to a softball field, I am not liable. The car owner has assumed risk because a reasonable person knows that an errant ball could leave the field.

 

 

https://injury-law.f...m-base-ball.htm

 

 

http://www.golf.com/...over-your-asset

 

The reason I asked LJ who paid was I was wondering if BM pays, or if this is a homeowner insurance issue.

There is signage on the golf course and on the GPS that states that the golfer is responsible for any damages to private property. 

I was buttering a piece of toast when it hit the window right beside me. I went out and talked to the individuals, well tried to talk to them as they only spoke a little English. They provided us with a room number and their name as they were staying with the Westin Hotel, and we had their cart number which also records their identity.

Long story short, after my wife spent all day on the phone talking to various representatives of the golf course, tour group, group driver, group interpreter, about 9 of them showed up at our house in their travel bus to see the damage. First they tried to say it wasn't them, then wanted the golf ball to inspect, then suggested other remedies for the awning, then haggled on price, then finally paid us in cash.

Having said all that if we had not been home when it happened we would be out of pocket for either the entire cost or the deductible on the insurance, in all likelihood.

[lanforod]

I think golf etiquette says you should just pay up if you cause damage to someones property. I'm sure some would just shrug.

 

I've sliced into the houses at Cedar Hill many times. I never know if I've broken a window (wouldn't hear it). Haven't had an irate homeowner waiting on the fairway yet so hopefully not...

Edited by lanforod, 03 August 2017 - 07:52 PM.

[Duchess84]

Rumour is the sale closes Aug. 28. That is all we know. Some think ALR/p4 zoning should be retained, as much as possible, for community park/ recreation area. ROak is highly densified and under- greenspaced. There is is no municipal park in area as accessible to under- served population - eldery, frail, mobility- challenged, vision- challenged, cognitively challenged as well as families, solo walkers and runners i.e. Everyone. Beaver and Elk are fine if you are none of the above. The former ROGC is safe, open, airy, peaceful, houses nearby a benefit, links Beaver and Commonwealth Place ( safe outdoor training and childcare) has wide relatively low grade paths for wheelchairs, walkers etc. And infrastructure in place. On bus route, lots of parking incl. for handidart. Check it out.

[sebberry]

Welcome to the forum, Duchess84

[lanforod]

Rumour is the sale closes Aug. 28. That is all we know. Some think ALR/p4 zoning should be retained, as much as possible, for community park/ recreation area. ROak is highly densified and under- greenspaced. There is is no municipal park in area as accessible to under- served population - eldery, frail, mobility- challenged, vision- challenged, cognitively challenged as well as families, solo walkers and runners i.e. Everyone. Beaver and Elk are fine if you are none of the above. The former ROGC is safe, open, airy, peaceful, houses nearby a benefit, links Beaver and Commonwealth Place ( safe outdoor training and childcare) has wide relatively low grade paths for wheelchairs, walkers etc. And infrastructure in place. On bus route, lots of parking incl. for handidart. Check it out.

 

Hmm. I'd challenge that. Beaver Lake is just fine for all of that. What's wrong with it, will handidart not go there?

[Hotel Mike]

Will this be an issue in the current bye-election?

[Jackerbie]

Will this be an issue in the current bye-election?

 

Probably not. The golf course is not a designated park in the OCP, so maintaining it as a park would likely require an OCP amendment and purchase of the lands by Saanich.

[lanforod]

Right, and I disagree that is needed. Beaver lake is a stones throw away.

 

I live there. I really don't think Royal Oak needs more green space.

[Mike K.]

When I had an office in that area I discovered just how much Royal Oak has in terms of green space. There's the Elk/Beaver lakes park, for sure, and then there's the massive park/trail network that connects Industrial Buffer Park, Copley East Park, Copely West Park, Brydon Park, etc. There's Rithet's Bog, Royal Oak Middle School's play field, the large park behind Commonwealth Pool and the Pipeline Road trail that connects to Beaver Lake.

 

As far as green space goes, it's got to be a neighbourhood with one of the highest concentrations of parks and trail networks.

[manuel]

A small (e.g. 30 m wide) linear park around the edge of the property with a high quality trail connecting Commonwealth Place to the trails at the south end of Beaver Lake and then a small picnic table area in the SE corner would do the trick for public access.  Since the property is partly ALR, then some green space will be maintained irrespective. 

[Jackerbie]

A small (e.g. 30 m wide) linear park around the edge of the property with a high quality trail connecting Commonwealth Place to the trails at the south end of Beaver Lake and then a small picnic table area in the SE corner would do the trick for public access.  Since the property is partly ALR, then some green space will be maintained irrespective.

 

But public access may not be maintained, unless there are existing public rights-of-way or access covenants. At the end of the day this is private property, so any new park would have to be purchased by Saanich, or be part of a negotiation for development.

[lanforod]

A small (e.g. 30 m wide) linear park around the edge of the property with a high quality trail connecting Commonwealth Place to the trails at the south end of Beaver Lake and then a small picnic table area in the SE corner would do the trick for public access.  Since the property is partly ALR, then some green space will be maintained irrespective. 

 

I wouldn't mind that, particularly if the golf course stayed and reopened. It'd be like the Cedar Hill golf course trail, which is extremely popular.

[Duchess84]

How many of these trail areas are accessible and safe for people with disabilities or mobility challenges? Wheelchairs, walkers, canes. Diminished vision? Cognitive challenges? Frail elderly wanting to be outside and connect with nature, get a little exercise? Can they use existing areas with confidence? Demographics indicate we need better outdoor areas for older population. Check out Saanich's Elder Adult Strategy.

[Mike K.]

No reason why not. They're parks and trails, they're not obstacle courses that purposefully challenge you just to use or experience.

[lanforod]

How many of these trail areas are accessible and safe for people with disabilities or mobility challenges? Wheelchairs, walkers, canes. Diminished vision? Cognitive challenges? Frail elderly wanting to be outside and connect with nature, get a little exercise? Can they use existing areas with confidence? Demographics indicate we need better outdoor areas for older population. Check out Saanich's Elder Adult Strategy.

 

I think you need to get out and walk some of these areas. Most of it is suitable for all ages and abilities, even on the gravel paths - they are packed plenty hard, a wheelchair will do fine.

Edited by lanforod, 25 August 2017 - 08:01 AM.

[pikabu]

Is there any word on the future of this old golf course? Did the sale go through that was to be completed a couple of months ago?

[pikabu]

A sign was posted on the golf course land:

Notice of Exclusion Application Regarding Land in the Agricultural Land Reserve

Four Corners Planning Group, on behalf of the following property owner 122590 BC Ltd, 540 Marsett Place

 

Is anyone familiar with this process? Is the application now presented to the Agricultural Land Commission?

[lanforod]

So, was it sold, and now has an application to remove some or all from the ALR... for the purpose of residential development, I assume?