The Hamilton Port Authority Battle

April 27th,2006, an application of charter was again put in front of the court, this time in Superior Court, although an issue was raised by the Port lawyer that the application should be dismissed, the Justice set a date to here arguments for the end of May, and a trial date some time in August so will have to see what happens

March issue of Gam, letter from Port and My response/ posted here 03/02/05

UPDATE: April 16th,2005

Those of you watching this probably think the same thing I have, why on earth would the CEO respond in the manner he did? kinda like shooting fish in a barrel.

But look in Gam for April issue (I will add it here shortly) Miss Thompson's letter which accuses me of misinforming, but doesn't say really much about anything. But the important fact are left out!! Lets see her maiden name is Wilson, recognize that? yes she was on the board at the HPA surprise !!well not really. If she cant tell the hole story then why should anyone listen? political buddies that's all it is!!

Now for those who wanted to know about court, the Marina Manager could barely remember his name never mind if the charge a fee for non-service, but he could remember setting the price of fuel at a higher rate as based on three other marina's. (isn't that price fixing)

Jeffrey Brookfield, V.P. Operations was there and gave a great performance, to bad in the middle of the testimony it was found out threw my questioning that Mr. Brookfield and Mr. Hollander had discussed Mr. Hollanders earlier testimony despite a motion to exclude witness to preserve the testimony. Now a fairly high up ranking official in the port would know better, upon a motion by me to disqualify the witness, the Justice felt that "it clearly did not look good" and ordered a mistrial, new trail dated for May 30th, 2005

For those of you that have been at the port, know what I'm am saying out loud has been going on at the port for years, funny both witness at the port had no memories of any of it...hmmmm Golf balls!!

The next trail date promises to be cliff hanging!!

End of up date:

 

Are you up for it? most would just pass this issue by until they see just how much control they have over our water ways, and its about to get much larger.

As things happen and issue change I will post to the top of this page, that way you can stay current, what is the fight about ? In my opinion its about? an act in parliament back in ohh I think 1900 created the Harbor commissioners, the government was trying to head off the problems New York had with gangs and mafia controlling the ports, little did they know they were hatching there own little government with out any kind of control over them.

Okay so enough of the history lesson here is how it affected me, from the very beginning they believed that they own and operate this land, follow there rules or out you go, notice I said follow there rules, because most business if conducting themselves like this, they would find themselves in court more often then not.

With me they didn't like that I stood up to them, grouping boaters into a force, they wanted me to pay a kick back or lets call it grafts to them on every sale of a boat, of course I told them were they could place that request, and soon after they banned me from the port.

How could they do this you may ask? with charter of Rights and all the laws that support me, well they told the police that I was breaking into boats, stealing there equipment, and harassing boaters, however when it got to court, hmmm the manager couldn't remember actually saying that to the police. They had the Vice-president  of the port show up to give what he could , he looked like a very credible person with all them fancy words and facts, to bad thou that despite a motion to remove witness from the court to keep testimony pure, they decide to discus the case over lunch, and once that was found out ...the justice called a mistrial, imagine that government people affectively exchanging info on the break, why do you think they did that???

Anyway were set for court again on June 10 at 10:30 here we go again!!

So here is what were planning, Stop the Port days, yep three weeks of shutting the port down, everything from transport to marina to fuel and pickets, got an Idea? lets here about it!!

 

 

Well I made it to the Toronto Boat show,  letting everyone know what I thought!! Below is a picture of a tee shirt , it was white and on both sides printed the same!! and yes I had it on the whole time at the show!!

 

Hey folks yet another speaks up !! article in the Spectator

This is a link of some of the recent comments made on our site

Here is the lease between the port and the city

HERE IS a link to a letter sent some time ago with regards to complaints:

The famous article in Gam that you have heard so much about

This Link will have the up and coming court stuff!! Our date is February 25th, 2005 at 10:30 am "Feel like showing up?? come on down!!

45 Main Street, Hamilton, Ontario Court Room 300

As we build this part of the site I will post comments from people whishing to be heard, as well I will post as much info as I can and as often as I can.

All of this noise were making is basically to stop the strangle hold that the local Port Authority has on the marine industry, its felt that their position or role is about to get much larger, and given the problems we have had with them in the past , I don't think its a good Idea to give any party this much authority over our water ways.

Currently I am personally Banned from all of the Port Governed property, Yes that's right I can't step foot on property you and I own as Canadian, well at least they think that is what they can do. Were on our way to court and that suits me fine, but I realized they are able to conduct themselves like this and have nobody of authority to challenge them, I guess its the David and goliath thing happening.

GAM is printing an article in its December issue, so pick up a copy or drop in I will post a link to there site once its up!!

We are having printed in the local paper, also Gam and the auto trader as well as boat for sale the following with hopes of some input on the whole thing, by the way all the above printed this in their mag's for free!!

Snip>

Ever purchased a boat or sold a boat ? Had work done or your boat stored by
the Hamilton Port Authority (Formally Harbor West Marina) and feel like you
were mistreated in some way? We would like to here about it.
Contact: Randy Desnoyers
               Yachtware Canada
                randy@yachtware.net
or mail to 522 Regional road #24
                WellandPort , Ontario
                Lor-2JO
Snip>

On December 21/2004 

I received first an email then a conference call from Todd Fox he is from the  NAFTA Compliance Team, although they mainly deal with the US to Canadian direction they wanted to share information, during the conversation he told me that the Undersecretary in charge of transport, our version of the Minister of Transport, has forwarded a letter with there concerns regarding the marine act, they also are very aware of the conduct of anti-competition behavior here in Canada in regards to our ports.

Dec 10/2004

I got a very up lifting email that I wanted to share a comment that hits straight to the point:

This isn't just something that impacts boaters, it's a template becoming all to common around Ontario giving supreme authority to very select groups of individuals. It's a practice that violates the very fundamentals of democracy. Societal interests are bypassed to accommodate political favorites emplaced by appointment and accountability becoming a thing of the past.

Dec 12/04