Comments on: Collect $200 As You Pass Go http://ubcinsiders.ca/2009/04/collect-200-as-you-pass-go-2/ Separating the wheat from the chaff. Wed, 13 Nov 2019 15:50:57 +0000 hourly 1 http://wordpress.org/?v=3.1.2 By: Alex Lougheed http://ubcinsiders.ca/2009/04/collect-200-as-you-pass-go-2/comment-page-1/#comment-10148 Alex Lougheed Sat, 11 Apr 2009 23:41:21 +0000 http://ubcinsiders.ca/wp/2009/04/collect-200-as-you-pass-go-2/#comment-10148 Interesting.. I guess I missed that on my gloss-over of the ruling. And you raise an interesting point Neal. My understanding runs dry here.<br/><br/>Calling on TLG, our lawyer hack, for legal commentary/insight. Interesting.. I guess I missed that on my gloss-over of the ruling. And you raise an interesting point Neal. My understanding runs dry here.

Calling on TLG, our lawyer hack, for legal commentary/insight.

]]> By: Neal Yonson http://ubcinsiders.ca/2009/04/collect-200-as-you-pass-go-2/comment-page-1/#comment-10140 Neal Yonson Thu, 09 Apr 2009 04:45:47 +0000 http://ubcinsiders.ca/wp/2009/04/collect-200-as-you-pass-go-2/#comment-10140 In the judge's decision 27(2)(d) was never mentioned. Instead, he referenes 27(2)(t) "to control vehicle and pedestrian traffic on the university campus" as what UBC's original defense appears to be based on.<br/><br/>I agree that a court's interpretation of 27(2)(d) would be very interesting, but I don't think it would have come up in this case. Alex, I finally know how you can use your newfound free time... sue the university! :)<br/><br/>What about Univ. Act 27(2)(m)(ii), which gives BOG the power to "to set, determine and collect the fees to be paid for instruction, research and <b>all other activities in the university</b>"?<br/><br/>What are the limitations on that clause such that it does not apply to parking violations? In the judge’s decision 27(2)(d) was never mentioned. Instead, he referenes 27(2)(t) “to control vehicle and pedestrian traffic on the university campus” as what UBC’s original defense appears to be based on.

I agree that a court’s interpretation of 27(2)(d) would be very interesting, but I don’t think it would have come up in this case. Alex, I finally know how you can use your newfound free time… sue the university! :)

What about Univ. Act 27(2)(m)(ii), which gives BOG the power to “to set, determine and collect the fees to be paid for instruction, research and all other activities in the university“?

What are the limitations on that clause such that it does not apply to parking violations?

]]> By: Alex Lougheed http://ubcinsiders.ca/2009/04/collect-200-as-you-pass-go-2/comment-page-1/#comment-10139 Alex Lougheed Mon, 06 Apr 2009 20:33:09 +0000 http://ubcinsiders.ca/wp/2009/04/collect-200-as-you-pass-go-2/#comment-10139 The unfortunate part here /is/ that they dropped their original University Act argument, which I imagine was based around the powers of the BoG to manage and control the real property of the University (Univ. Act 27(2)(d)). It's this one clause that most of the authority the University claims it has comes from.<br/><br/>Strategically, their interpretation of that clause is worth much more than this class-action, so we'll continue to dance around the actual issue here, they'll be in the courts for a while, and then at some point the government will step in, issue an order and UBC will be able to fine for parking legally. It's the job of the AMS to step in here though and ensure that such an order has the appropriate accountabilities in place, as the University is going for an ask from the government and that typically means there's room for concessions.<br/><br/>Alex The unfortunate part here /is/ that they dropped their original University Act argument, which I imagine was based around the powers of the BoG to manage and control the real property of the University (Univ. Act 27(2)(d)). It’s this one clause that most of the authority the University claims it has comes from.

Strategically, their interpretation of that clause is worth much more than this class-action, so we’ll continue to dance around the actual issue here, they’ll be in the courts for a while, and then at some point the government will step in, issue an order and UBC will be able to fine for parking legally. It’s the job of the AMS to step in here though and ensure that such an order has the appropriate accountabilities in place, as the University is going for an ask from the government and that typically means there’s room for concessions.

Alex

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