text:
Massey College, Toronto
"Massey College" redirects here. It is also the former name of Massey University in New Zealand. For the former business college chain in the United States, see Massey Business College.
The Principal and Fellows
of Massey College
Coat of arms of Massey College
Sapere aude (Latin)
Motto in English
Have the courage to be wise
College of the University of Toronto
Nathalie Des Rosiers
Robert Prichard
masseycollege.ca
Massey College is a graduate residential college at the University of Toronto that was established, built and partially endowed in 1962 by the Massey Foundation and officially opened in 1963. It was modeled around the traditional Cambridge and Oxford collegiate system and features a central court and porters lodge. Similar to St. John's College, Cambridge, and All Souls College, Oxford, senior and junior fellows of Massey College are nominated from the university community and occasionally the wider community, and are elected by the governing board of the college. The President of the University of Toronto, the Dean of graduate studies and three members of the Massey Foundation are ex officio members of the governing board, chaired by the elected member of the governing board. Members of the governing board are elected for five years; the Principal of the college is elected for seven years.
The college is well-connected with prominent figures of the national establishment, and is the sponsor and host of the annual Massey Lectures. It hosted the Man Booker International Prize of 2007.
2 Grounds and architecture
3 Fellowships
4.1 Principals of Massey College
4.2 College Visitors
6 Clarkson Laureateship in Public Service
7 Cultural references
Massey College was conceived by Vincent Massey, the 18th Governor General of Canada, who attended University College, Toronto, as an undergraduate. Of the establishment of a new graduate college, Massey wrote, "It is of great importance that it should, in its form, reflect the life which will go on inside it and should possess certain qualities—dignity, grace, beauty, and warmth."[1] The Massey Foundation, for which Vincent Massey served as a trustee, provided the financial endowment.
Opened officially in 1963, the college was designed by Canadian architect Ron Thom, who subsequently designed the master plan for Trent University. Alan Beddoe designed the Massey College coat of arms,[2] which derives from the arms of Vincent Massey.[3]
The founding head of Massey College (1963–81) was the celebrated Canadian journalist and author Robertson Davies. Professor Patterson Hume was the second head (1981–88), and Professor Ann Saddlemyer was the third one (1988–95). The fourth head of the college (1995–2014) was journalist John Fraser. On July 1, 2014, Hugh Segal, formerly a member of the Senate of Canada, became the fifth head of the college for a seven-year term, but he resigned in 2019. The current principal is Nathalie Des Rosiers, a former Liberal member of the Legislative Assembly of Ontario.
During the 2006–07 academic year, Massey College hosted the King and Queen of Sweden, held a special tribute in honour of the founding head of the college, Robertson Davies, and was the host of the Man Booker International Prize in April 2007.[4]
Grounds and architecture[edit]
View from the college's quadrangle
The pond in the quad provides constant sound which muffles the city noise from beyond the college walls
Ron Thom's design for Massey College was inspired by the medieval Oxbridge style college. As in Oxford and Cambridge, the buildings of Massey College all centre around one court which is accessible through only two gates. The main gate is at the foot of the tower, along with the porter's lodge. The quad contains a large pond with fish and fountains as well as the St. Catherine's Bell in the clock tower attached to the porch. The bells are rung three times a day during the school term to mark meal times. Around the quad are a total of five residence houses on the east, north, and west sides. The ground floors of these houses contain some administration offices. The largest building, containing the majority of the public space available to members of the fellowship, is on the south side along with the principal's house. Public space at Massey College includes the large dining hall, a small private dining room, a college common room and bar, an upper library, the lower library, the "puffy couch room" (an informal common room with television and games), the Colin Friesen seminar room, a computer room, and non-resident study carrels.
Similar to Oxford and Cambridge colleges, Massey is also home to an ecumenical worship space, St. Catherine's Chapel, the interior of which was originally designed by stage designer Tanya Moiseiwitsch. The Chapel features a 17th-century Russian iconostasis and cross, as well as "portativ" pipe organ specially designed for the chapel by the Quebec organ builder, James Louder. The chapel was extensively redesigned in 2006 by the College architects, Brigitte Shim and Howard Sutcliffe, and rededicated in June 2007.[citation needed] In June 2017, the Chapel was designated as the third Chapel Royal in Canada and it is the first interdenominational and interfaith Chapel Royal in the country.[5]
The college buildings are frequently studied by architecture students.[6] In 2013, which marked its 50th anniversary, Massey College received two prestigious architecture awards. The 2013 Prix du XXe siècle, awarded by The Royal Architectural Institute of Canada, recognizes "the enduring excellence of nationally significant architecture, such as landmark buildings in the historical context of Canadian Architecture. The award can go to a building in Canada, designed by an architect from any country, or a building anywhere designed by a Canadian architect." The commentary from the award's jury reads as follows: "Massey College is a skillful and humane interpretation of Arts and Crafts sensibilities in a modernist idiom. It is remarkable for its seamless integration of exterior and interior design, including the rich detailing of its custom furnishings and fittings. It has aged well, and is one of the University of Toronto's most treasured modern buildings." The 2013 Landmark Award was awarded to Massey College by the Ontario Association of Architects. "Recognizing buildings that demonstrate architecture's beauty, endurance and lasting contribution to the community and to society", a Landmark building "establishes a design excellence standard for future generations, enhances its environment and the public realm, recognizes and respects its surroundings; and contributes to the neighbourhood, the community or the city through its unique identity." Fall 2013 issue of Perspectives magazine, published by OAA, was dedicated to Ron Thom and featured Massey College.
The Robertson Davies Library, also known as the lower library, houses the college's librarian as well as an office for the University of Toronto's Book History and Print Culture Program.[7] This library contains display cases for exhibitions curated from the collection by Book History students and Massey students.
The Library includes a collection of working 19th century printing presses. The Library's Bibliography Room has the largest collection of wood type in North America (some 350+ pieces). Several working hand presses are housed here. The most frequently used presses are two Albion presses, an Imperial Press, and a Washington Press. Some students work here as apprentices under the college printer.[8] Printed keepsakes for college events are often made here.
Fellowships[edit]
Ondaatje Hall, the main dining hall of the college used for daily meals and High Table dinners
This inscription hangs in the main stairwell of Massey College, which reads: "This House was built by the Massey Foundation in 1962. It was the intention of the Founders to bring into being a College to serve a body of graduates limited in numbers but of high promise in scholarship and qualified to make of worth the fellowship to which they belong. It is the Founders' prayer that through the fulness of its corporate life and the efforts of its members, the College will nourish learning and serve the public good."
Junior Fellows are postgraduate students "of distinguished ability"[9] at the University of Toronto, either in the study of art and sciences subjects or a professional discipline such as law or medicine. Resident Junior Fellows generally live in the college for up to three years before becoming non-resident Junior Fellows for another two years. Typically, about sixty Junior Fellows are resident and another ninety are non-resident. Each year, new prospective Junior Fellows apply to the college to be elected by the governing corporation. Junior Fellows are elected based on:
academic achievement;
scholarships and honours; and
community engagement outside academia.[9]
Journalism Fellows are distinguished Canadian and international journalists in mid-career who are selected annually by a special committee that includes the president of the University of Toronto, the head of Massey College, and other members appointed by them. Journalism Fellows stay at the college for one academic year from September to May. The college participates in the Canadian Journalism Fellowship Program (formerly known as the Southam Fellowship) and the Scholar-at-Risk program for international scholars caught in sectarian, political or religious intolerance. Additionally, the college hosts a writer-in-residence chosen each year by the college and the University of Toronto's department of English.
Senior Fellows are elected from members of the University of Toronto faculty and other individuals who represent the academic and professional interests of the university. Senior fellows can serve as members of the governing board. The college also hosts visiting academics, generally on sabbatical leave, who are given the title of Senior Residents.
Notable Senior Fellows and Senior Residents of the college have included John Polanyi, Ursula Franklin, Mikhail Baryshnikov, Margaret Atwood, Sir Christopher Ondaatje, James Orbinski, Peter H. Russell, Janice Stein, Michael Ignatieff, Adrienne Clarkson, Beverley McLachlin, Hal Jackman, John Ralston Saul, Michael Bliss, Anthony Pawson, Julie Payette, Chantal Hébert, Justice Rosalie Abella and Bob Rae.
The former chancellor of the University of Cambridge (Prince Philip, Duke of Edinburgh) and the chancellor of the University of Oxford (Lord Patten of Barnes) both served as Distinguished Honorary Fellows. The Chief of the Mississaugas of the New Credit First Nation (currently Chief Stacey LaForme) is the third honorary Senior Fellow.
Governance[edit]
Massey College operates as a charity that is legally registered with the Canada Revenue Agency charities directorate as The Master and Fellows of Massey College. The governing body of Massey College is its Governing Board, composed of 26 Senior Fellows and chaired by the elected member of the board, with the president of the University of Toronto and the dean of graduate studies both serving as ex officio members. Additionally, three other ex officio members are nominated to the governing board by the Massey Foundation. Massey College relies on income derived from its own endowments and endowments held for its purposes by the University of Toronto, supplemented by other income from its catering facilities and summer rental programs.
The Visitor is the ceremonial and constitutional head of the college. Officers of the college, who report to the head of the college, include the bursar, the dean and the librarian. Junior Fellows and Senior Fellows are elected to their positions by the governing board at one of its quarterly meetings. The Quadrangle Society consists of individuals who are not fellows of the college, and serves as a bridge between Massey College and the non-academic community.
Massey College is one of three exclusively graduate residential colleges in Canada which are modeled on the Oxbridge system, along with Green College and St. John's College, University of British Columbia; Massey College is the only one of the three that is self-governing.
Principals of Massey College[edit]
Nathalie Des Rosiers, current Principal of Massey College
(formerly Masters of Massey College, until 2018)
Robertson Davies (1963–1981)
Patterson Hume (1981–1988)
Ann Saddlemyer (1988–1995)
John Fraser (1995–2014)
Hugh Segal (2014–2019)
Nathalie Des Rosiers (2019–present)
In February 2018, the title of 'Master' of Massey College was changed to 'Principal' due to concerns regarding the title's authoritarian and racist connotations. This change occurred as a result of a controversy that arose in September 2017 after history professor Michael Marrus (who was a Senior Fellow of the college until he resigned in October 2017) introduced the Master to a Black student by saying "You know this is your 'Master', eh? Do you feel the lash?"[10]
College Visitors[edit]
Vincent Massey (1963—1967)
Dalton C. Wells (1973—1976)
John Black Aird (1990—1995)
Rose Wolfe (1996—2003)
H.N.R. Jackman (2003—2016)
Beverley McLachlin (2016—2020)
Robert Prichard (2020-present)
Activities[edit]
Exterior of the college
Massey College sponsors the annual Massey Lectures broadcast across the country on CBC as well as the Walter Gordon Symposium on Public Policy. In conjunction with the University of Toronto's School of Graduate Studies, Massey fellows organize an annual symposium of interest to the broader community. There is an annual magazine for all its constituent members: Senior and Junior Fellows, Alumni (which include former Senior Residents, and members of its Quadrangle Society (non-academic community members).[citation needed]
Massey Grand Rounds (MGR)[11] is composed of members of the Massey College community, including physicians, medical students and graduate students in areas related to medicine and health sciences. It convenes monthly during the school term and serves as a discussion forum for topics related to medicine, the health sciences, and issues of interest to students. Guest Mentors attend regularly. Planning for the Annual MGR Symposium is a significant element of these gatherings. The group is guided by Dr. Aubie Angel, MD, FRCPC, Senior Resident/Fellow, President of Friends of CIHR.
The college has a strong connection to the Canadian establishments and Canadian journalism. The college also strives to preserve an Oxbridge-type atmosphere by mandating the wearing of gowns at dinner, and incorporating regular High Tables—into its schedule; and balances this with very active outreach programs[citation needed]. The mandated goal of the college is to demonstrate through its corporate life the interconnectedness among all learning.
Massey College also hosts its own Junior Fellow Lecture Series, sometimes called WIDEN-Massey, where graduate student members of the community are invited to talk about their research in a general way to their non-specialist peers.
Local and national arts organisations are affiliated with the college. Many college events feature singers from the Canadian Opera Company or musicians from the Talisker Players as well as many talented Junior Fellows who share their music after supper or at events.
Clarkson Laureateship in Public Service[edit]
The Clarkson Laureateships in Public Service are the highest honour the College awards annually to members of its community.[12] Over the years, notable philanthropists, academics, community organizers, politicians, and activists have been awarded a Clarkson Laureateship, including Ursula Franklin, William Davis, and Mary Eberts.
The awarding of Clarkson Laureateships was approved by the Governing Board in 2003 and the first awards were given out in 2004, during the final year that Madam Clarkson, a Senior Fellow of the College, was Governor General of Canada. The award honours her many years of service to Canada by recognizing those members of its community who also contribute to the common good.[13]
The Laureateships are usually awarded at the first High Table in January in the presence of the Laureates' families and Massey College peers. It is tradition for the Laureates to donate the monetary component of the award to a charitable cause of their choosing, often detailed in their acceptance speech. The evening somewhat echoes the ceremonies Madam Clarkson presided over for the Order of Canada when she was Governor General and she herself attends, often joined by past Clarkson Laureates, to honour the awardees.
Cultural references[edit]
Massey College was used by David Cronenberg as a location for his 1970 film Crimes of the Future.[14]
^ "History of Massey College". Archived from the original on 2007-10-08. Retrieved 2017-09-04.
^ http://collectionscanada.gc.ca/ourl/res.php?url_ver=Z39.88-2004&url_tim=2010-03-07T21%3A52%3A20Z&url_ctx_fmt=info%3Aofi%2Ffmt%3Akev%3Amtx%3Actx&rft_dat=104827&rfr_id=info%3Asid%2Fcollectionscanada.gc.ca%3Apam[permanent dead link] Alan Beddoe collection at Library and Archives Canada
^ "Coat of arms of Vincent Massey". Official website of the Governor General. Retrieved 2019-11-05.
^ Judges' list for Man Booker International 2007 Archived 2012-03-08 at the Wayback Machine
^ https://www.thestar.com/news/gta/2017/06/20/massey-college-chapel-designated-canadas-third-chapel-royal.html
^ "photographic study of Massey College". blogger / architecture student. 2012. Retrieved January 23, 2012.
^ "Book History and Print Culture Collaborative Program". University of Toronto / University of Toronto. 2012. Archived from the original on 2012-01-19. Retrieved January 23, 2012.
^ "Printing Fellowship Program". Massey College. 2012. Archived from the original on 2017-07-11. Retrieved July 27, 2017.
^ a b "How to Apply". www.masseycollege.ca. Archived from the original on 2016-03-08. Retrieved 2016-03-05.
^ "Massey College nixes 'Master' title four months after racist incident". Toronto Star. February 2, 2018. Retrieved June 9, 2019.
^ "Massey Grand Rounds - Stimulating discussion in the healthcare community". Retrieved 28 July 2016.
^ "2018 Clarkson Laureates Announced – Massey College". www.masseycollege.ca. Retrieved 2018-01-08.
^ "Champion". The Right Honourable Adrienne Clarkson. Retrieved 2018-01-08.
^ "Crimes of the Future". 10 August 1984. Retrieved 28 July 2016 – via IMDb.
Judith Skelton Grant (2015) - A Meeting of Minds: The Massey College Story - University of Toronto Press.
Judith Skelton Grant (1994). Robertson Davies: Man of Myth. Viking.
Val Ross (2009). Robertson Davies: A Portrait in Mosaic. Random House of Canada.
John Robert Colombo (1984). Canadian Literary Landmarks, p. 193. Dundurn Press Ltd.
Wikimedia Commons has media related to Massey College.
Massey College Alumni Association
Massey Grand Rounds
Archival papers of James Nairn Patterson Hume, second head of Massey College, held at the University of Toronto Archives and Records Management Services
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Past April Microsoft announced the general availability of Azure Container Regitry. Since I will be using ACR during my next posts about ACS and Kubernetes I tought it would be helpful to write a quick intro about it.
Azure Container Registry, or ACR, is an offering from Microsoft to manage and store Docker container images on Azure, compatible with Docker Registry v2 specification. The service can be managed using Azure Portal, Azure PopwerShell or Azure CLI and the images can be managed using standard Docker tools. And can be easily integrated within an existing CI/CD pipeline.
ACR is Docker Registry V2 compatible.
Allows to store Docker images from a cluster deployed with Azure Container Service, a manually deployed container cluster on Azure,a developer workstation or from an on-prem cluster.
Supports Windows and Linux container images. It also has integration with other Azure services that supports Docker images like Service Fabric and App Service.
Azure Active Directory integration for the authentication.
One of the advantages of using ACR with your ACS clusters or Azure services is the low latency for the pulling and pushing operations. Lets see how can we create and manage our Docker registry in Azure.
As always create your resource group.
Now create the registry, provide the name for the registry, the resource group and the SKU which as of today is just Basic.
This operation will produce two resources in Azure.
The registry, behind the scenes a Docker registry has been deployed.
One Storage Account to store the images.
The registry is automcatically assigned a fqdn with the form <registry_name>.azurecr.io.
Te registy is created but right now is not usable since there is no way to authenticate. ACR by default does not even have an admin user, although it can be enabled during the create task it can also be enabled afterwards as we will see now.
Having an admin account is useful however the best option is to use a service account in the form of a Service Principal. A Service Principal is an account used by cloud apps and services to access Azure APIs. The good thing about Service Principals is that they are backed by Azure Active Directory meaning you can audit and revoke the account at any time.
You can create a new Service Principal, assigning the proper role and scope over ACR during the operation. The roles can be Owner, Contributor or Reader. The first one will give the SP account full control over ACR, the second will allow to push and pull images and the last one will have read-only permissions allowing the SP account just to pull Docker images from the registry.
Alternatively you can use an existing service principal and assign access to your registry.
Test the authentication from your Docker host with docker login.
Azure CLI allows you to perform some basic tasks for the images stored in a registry.
List the repositories currently in the registry.
Retrieve the tags of a given registry.
While pushing, pulling and tagging images are non-trivial tasks performed from docker client, removing an image can be a bit tricky. Currently there is now way to easily remove an image from ACR, yes Docker registry v2 has a delete API but unfortunately is not exposed on ACR registries.
However there is a method to remove an image from ACR but the caveat is that it must be done from the Azure Portal and the user must have the Owner role either for the registry or the whole subscription.
From Azure Portal access the storage account backing up your registry and then select Blobs.
Inside Blobs navigate through the different folders until you get to Respositories. <no-name> -> docker -> registry -> v2 -> repositories. In repositories select one, in my case baseimages.
Inside the repository select the container image, I choose fedora.
Then click on _manifests and inside it select tags. The different tags for the image will be listed.
Select the tag and then click on Delete folder at the top bar.
If we go back to Azure CLI and list the tags for baseimages/fedora the deleted one will not show up.
Managing you Docker images in the cloud with Azure Container Registry was published on May 29, 2017 .


Happy 4th of July weekend everyone. Summer is such a time for BBQs, parties and if you are like us, lots of birthdays! Parties are made for eating, drinking and having a great time! I like to bring 1 or 2 healthy side dishes to the party because I love knowing there is a healthy option available. Today I'm sharing three of my favorite healthy side dishes that are sure to be crowd pleasers!
I just made this salad recently for a friend get-together and it was so, so good. It is light and flavorful with the fresh taste of basil. It would also be great on top of some grilled chicken.
Combine tomatoes, mozzarella and basil in bowl.
Add EVOO and lightly mix.
I love pretty much anything with Mexican spices and cilantro! This coleslaw is really good, ya'll. I'm linking the recipe here. I used a yogurt ranch dressing instead of the one they recommend. I would imagine this would be fantastic with some avocado as well, because what isn't?
Again with the avocados! Guacamole is my go-to healthy side dish to bring to a party. It is fresh, easy and loaded with real ingredients and real flavor. You can pair it with classic tortilla chips or try it with jicama and celery sticks. This is roughly my recipe without using a recipe.
Chop, mix and enjoy...with a tasty marg! If you are using a salty chip, salt in the guac isn't necessary. I love it because it brings out more of the flavor.
My other favorites to bring to a party are hummus and veggies or an easy fruit salad. Fruit is always a hit, especially if there are kids at the party.
Hope you all have a happy and safe 4th of July full of great food and great memories! Party on!


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Beloved McIntire Professor Carrie Heilman has been named to the second annual list of Top 50 Undergraduate Business Professors by business education website Poets&Quants for Undergrads.
Heilman, who has been teaching at the University since 2003, is perhaps best known for her strong guidance of the "Advertising and Promotions" course, a two-semester, nine-credit program for fourth-years; UVA teams have achieved great success under her leadership, winning the American Advertising Federation's National Student Advertising Competition (NSAC) in 2016, taking third place in 2017, and second in 2018. Students credit their accomplishments to her high standards and legendary generosity with time outside of the classroom.
Nominations for the honor included comments that revealed students' extraordinary regard for the "special mix of teamwork, real client interaction, and tremendous mentorship" in the class, noting that Heilman prepares them exceptionally well for their future careers.
In addition to her commitment to "Promotions," Heilman teaches the M.S. in Commerce "Brand Management" course, and as faculty athletics representative for the University, ensures that UVA student-athletes have their voices heard in the ACC and the NCAA.
Read the full article about Professor Heilman at Poets&Quants for Undergrads.


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You can attend our beginners' yoga in Perth even if you're not new to yoga; all are welcome. Our Beginners Vinyasa classes are great for getting 'back to basics' and for cultivating a 'Beginner's Mind'. Our drop-in classes run weekly so you can practice when it suits you!
Practice the way you want. At Tamara Yoga we offer both courses and drop-in classes for Beginners Yoga.
We offer Beginners Courses as well as Beginners Drop-In Classes.
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All about the Chris Hemsworth Weight Loss routines! Aerobic exercise is one of the most important types of exercise for a healthy body and good quality of life, as a Chris Hemsworth weight loss exercise routine illustrates. It provides a long list of advantages and additionally will leave you feeling great. So what are some of the reasons for taking up aerobic exercise?
Aerobic exercise provides your muscles with more blood and oxygen and is vital for good cardiovascular health. The term 'aerobic' means 'with oxygen'. Indeed, the whole purpose of this type of exercise is to get the oxygen pumping around your body. You should however be able to carry on a short normal conversation whilst exercising. If you can't without puffing, then you've probably moved over into anaerobic exercise, which is a different type of exercise.
Aerobics exercises are generally low in intensity but long in duration. Each exercise concentrates on using one group of muscles repetitively with the objective being to raise the heartbeat by 60 to 80% and then maintain that heart rate for the duration of that exercise. This is the most effective way to get your heart working and burn more calories. You may hear people talking about the aerobic curve. This simply refers to the way you start working out slowly then build up in intensity to reach a peak heart rate before slowing down gradually. The fitter you get, the longer it will take to reach your target heart rate.
One of the best ways to start your fitness journey with aerobics is to join a fitness group. You will have an instructor who can show you which exercises are best for low or high intensity cardiovascular workouts. Intensity is measured by the height to which you lift your limbs during the workout. High limb movement for example increases the intensity. It's important when starting out to only perform to the degree of intensity that is right for your level of fitness.
Aerobic exercises provide us with such a huge range of health benefits that it's hard to understand why more people don't take the time out of their day to do it. A brisk daily walk with the family pet for instance is a fun and easy way to incorporate some aerobic exercise into a daily routine. And it keeps pooch fit as well. Or walk to the local shops instead of driving. Ride a bicycle to work if possible, or when shopping locally. Playing with the kids is another good form of exercise. Other common aerobic exercises are jogging or treading water if you're into water sports. Even something as simple as running on the spot for a while is a form of aerobic exercise. There are dozens of ways to get the daily dose of aerobic exercise you need.
Benefits include reducing body fat, boosting stamina, providing energy, helping fight off tiredness, increasing lean body mass and also building muscle. Mentally it can improve mood, reduce tension, anxiety, and depression, as well as help improve sleep. Most people could benefit from all or any of these.
If you find it difficult to do aerobic exercises initially, hang in there because it will get easier the more often you do them. With good cardiovascular health you should be able to maintain that by exercising 3 or 4 times a week. If you are trying to improve your health, shed weight or build muscle then you'll need to exercise 5 times or more per week.
Anaerobic exercise on the other hand is exercise that is short and intense. This type of exercise, which is also part of the Chris Hemsworth weight loss and muscle building regime, is used to build muscle. Chris used plenty of anaerobic exercises as part of his workouts to prepare for Thor. Most high energy sports, including sprinting, are classed as anaerobic exercise.
Leaving the celebrity chit-chat aside: What are these (as we like to call them) Chris Hemsworth Exercise "Helpers" that lead to many stunning celebrity transformations?


California Park is a Chicago Park District Park on the northwest side. It extends from Addison Avenue to Irving Park Boulevard; California Avenue to the North Branch of the Chicago River.
This is one of the six parks created the River Park District in 1917. These were established by the efforts of local residents. They sought to constrain commercial development along both the North Branch of the Chicago River and the North Shore Channel. They also sought to provide for recreation opportunities in this region. These parks were ultimately consolidated into the Chicago Park District in 1934.
The park features playgrounds, baseball diamonds and indoor facility for ice skating and tennis. This is known as the McFetridge Sports Center.
Unfortunately, due to the growth of trees and bushes, the North Branch of the Chicago River is barely visable from this park.


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current page peter hook perform anniversary concerts celebration joy division and donate epilepsy society
Peter Hook to perform anniversary concerts in celebration of Joy Division and donate to Epilepsy Society
Published on 30 April 2019
Peter Hook has recently announced two special concerts with his band, The Light, to perform 'Joy Division: A Celebration' to commemorate four decades of the group's and Ian Curtis' continuing influence.
The shows will take place at the O2 Academy Brixtion and O2 Apollo Manchester on Friday 15 and Saturday 16 May 2020.
Performing for the first time in the UK since their sold out Camden Roundhouse show in December 2017, both concerts see them play "Unknown Pleasures" and "Closer" in full, along with an opening set of New Order material.
These Joy Division album shows have become much less common for The Light as they move through their progression of touring the New Order albums in succession since 2012.
Aside from some one-off gigs such as The Roxy in LA and Manchester Academy, these are the first major shows to be announced for this set in some years.
In addition to coming some 44 years since Joy Division formed, these gigs also mark 10 years since The Light began at The Factory in Manchester on 18th May 2010. That journey has seen them now perform 11 of both his bands' albums all round the world including numerous tours of North and South America, Australia, New Zealand and the Far East.
A portion of the proceeds from the shows will be donated to Epilepsy Society and CALM (Campaign Against Living Miserably).
Peter Hook at the Royal Albert Hall, 29 Sept 2018. Photo credit: Jody Hartley.
The influence of Joy Division and their music remains strong in popular culture, holding a sincere reverence. The albums are played in track order, respecting the inspiration and impact of the stunning debut album "Unknown Pleasures" and the immaculately produced second "Closer".
"Unknown Pleasures" features "Disorder" "Insight", "New Dawn Fades", and "She's Lost Control" while "Closer", considered "a start to finish masterpiece" by Pitchfork Media, counts "Atrocity Exhibition", "Heart And Soul" and "Twenty Four Hours" In addition to the albums, the Brixton and Manchester May 2020 concerts will span the entirety of Joy Division's rich but short career including early Warsaw material, tracks from the compilation LP "Still" to the final songs "Ceremony" and "In a Lonely Place" written by Joy Division which were to form New Order's first single.
We'd like to thank Hooky for performing these concerts in aid of us
Tickets for the performances are currently on sale.
To purchase the tickets, please go to:
Brixton – http://bit.ly/TheLightAcademyBrixtonMay2020
Manchester - http://bit.ly/TheLightApolloMCRMay2020
On "Unknown Pleasures" – The Album (NME)
"The band's debut 'Unknown Pleasures' is simply one of the best records ever made, and is still powerful enough to floor you 30 years on. With an almost dub-like, spacey atmosphere sculpted by studio genius Martin Hannett, the band's sound was almost the polar opposite of the punk music which had brought them together after a Sex Pistols show in 1976." 10/10
On "Closer" – The Album (Pitchfork Media)
"Closer is even more austere, more claustrophobic, more inventive, more beautiful, and more haunting than its predecessor. It's also Joy Division's start-to-finish masterpiece, a flawless encapsulation of everything the group sought to achieve" 10 / 10.
Website: peterhookandthelight.live
For videos and concert footage from The Light, please go to: www.youtube.com/peterhookandthelight
Facebook: www.facebook.com/peterhookandthelight
Twitter: www.twitter.com/peterhook
Instagram: www.instagram.com/peterhook_thelight


Age: Candidates age must be up to 30 years. Age relaxation is applicable as per govt. rules.
Pay Scale: Rs.9300-34800 (PB-2) + Rs.4600/- (G.P) (pre-revised), Level 7 of 7th CPC. General Central Service, Group 'B', Gazetted, Non-Ministerial.
Essential Qualification: Candidates must possess, (i) Degree in Commerce or Degree with Economics/ Sociology/ Social work as one of the subjects from a recognized University or equivalent. (ii) Post-Graduate Degree/ Diploma in Law, Labour Relations, Labour Welfare, Labour Laws, Sociology, Commerce, Social work/ Welfare, Business Administration, Personnel Management or any other allied subject relating to labour from a recognized University/ Institution or equivalent.
Desirable: Experience in Labour Laws, Labour Welfare, Labour Relations or Personnel Management in an Industrial Organisation or a Government establishment.
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How to Apply: Candidates fulfilling the eligibility criteria may apply online through the website www.upsconline.nic.in till 13-04-2017.


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VARIOUS ARTISTS: New Geographic Music
You Don't Need Darkness To Do What You Think Is Right (Domino Records)
Domino Records' You Don't Need Darkness To Do What You Think Is Right - New Geographic Music is a graceful collection of various shades of pop. From the spacey pop of The Pastels' "Intro" which fades into track two "Everybody Is A Star", a melodically soothing piece, to the Japanese pop of Nagisa Ni Te's "Me, On The Beach". Pedro, Sister Vanilla, Empress, and National Park all deliver (along with all sixteen bands) beautifully crafted pop songs. The two stand out tracks for me are Kevin Shields' "Outro", an airy instrumental, and Future Pilot AKA's jazzy/hip-hop pop on "Remember Fun (Like We Was Young)". A grand collection of memorable pop songs; I'll give it an A.
VARIOUS ARTISTS: BYO Presents: Sample This, Too! VARIOUS ARTISTS: Power of Metal - Symphonies of Steel
[Issue Forty-Six // March 2002]


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Can you donate one hour's wage every month?
Animal Farming and Fishing is destroying our Planet.
But we have the solutions!
Help us make a Plant-Based Future Possible.
Give A Monthly Amount
Our achievements to date include:
Delivering the initial launch in October 2019 which got over 300 news articles and mobilised thousands to the centre of London.
Disrupting the McDonald's distribution centre in 2021 which shut hundreds of restaurants and was the BBC no.1 news stories and seen by 55% of the British public.
Launching the Plant-Based Councils campaign in November 2020 in 40 locations around the country with wins including Oxfordshire and Cambridgeshire committing to their council events being 100% plant based.
The Universities campaign started in November 2021 which aimed to pass motions for 100% plant-based campuses is now in 20 universities and will launch in 40+ in September.
Organising last year's Animal Rights March attended by 5000+, and we will be doing the same again this year.
Freeing five beagles from the MBR Acres puppy breeding facility, the first time anything similar has been done since the 90s.
The campaign is estimated to cost over £100,000. Here's what your support can fund:
£50 could pay for a young person to travel to an Animal Rebellion event or training.
£100 can buy banners, to send a clear message calling for a Plant-Based Future.
£500 could help support a volunteer for a month.
£1000 could support an action team for one week.
Help us Stop the Supply of Dairy this September by financially supporting us. We appreciate anything you choose to give – most people choose to donate an hour's wage or more a month.


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Q: Is there a way to format a C# double exactly? Is there a way to get a string showing the exact value of a double, with all the decimal places needed to represent its precise value in base 10?
For example (via Jon Skeet and Tony the Pony), when you type
double d = 0.3;

the actual value of d is exactly
0.299999999999999988897769753748434595763683319091796875

Every binary floating-point value (ignoring things like infinity and NaN) will resolve to a terminating decimal value. So with enough digits of precision in the output (55 in this case), you can always take whatever is in a double and show its exact value in decimal. And being able to show people the exact value would be really useful when there's a need to explain the oddities of floating-point arithmetic. But is there a way to do this in C#?
I've tried all of the standard numeric format strings, both with and without precision specified, and nothing gives the exact value. A few highlights:

*

*d.ToString("n55") outputs 0.3 followed by 54 zeroes -- it does its usual "round to what you probably want to see" and then tacks more zeroes on the end. Same thing if I use a custom format string of 0.00000...

*d.ToString("r") gives you a value with enough precision that if you parse it you'll get the same bit pattern you started with -- but in this case it just outputs 0.3. (This would be more useful if I was dealing with the result of a calculation, rather than a constant.)

*d.ToString("e55") outputs 2.9999999999999999000000000000000000000000000000000000000e-001 -- some of the precision, but not all of it like I'm looking for.

Is there some format string I missed, or some other library function, or NuGet package or other library, that is able to convert a double to a string with full precision?

A: I believe you can do this, based on what you want to accomplish with the display:
Consider this:
Double myDouble = 10/3;

myDouble.ToString("G17");

Your output will be:
3.3333333333333335

See this link for why: http://msdn.microsoft.com/en-us/library/kfsatb94(v=vs.110).aspx

By default, the return value only contains 15 digits of precision although a maximum of 17 digits is maintained internally. If the value of this instance has greater than 15 digits, ToString returns PositiveInfinitySymbol or NegativeInfinitySymbol instead of the expected number. If you require more precision, specify format with the "G17" format specification, which always returns 17 digits of precision, or "R", which returns 15 digits if the number can be represented with that precision or 17 digits if the number can only be represented with maximum precision.

You can also do:
myDouble.ToString("n16");

That will discard the 16th and 17th noise digits, and return the following:
3.3333333333333300

If you're looking to display the actual variable value as a number, you'll likely want to use "G17".  If you're trying to display a numerical value being used in a calculation with high precision, you'll want to use "n16".

A: You could try using # placeholders if you want to suppress trailing zeroes, and avoid scientific notation.  Though you'll need a lot of them for very small numbers, e.g.:
Console.WriteLine(double.Epsilon.ToString("0.########....###"));

redpajama_set_name: RedPajamaStackExchange


text:
Recreation Law
It's not what I write, It's what you Learn
Buy Now: Outdoor Recreation Risk Management, Insurance & Law
Brush, v. Jiminy Peak Mountain Resort, Inc., Et Al, 626 F. Supp. 2d 139; 2009 U.S. Dist. LEXIS 52204
Posted: March 25, 2013 | Author: Recreation Law | Filed under: Legal Case, Massachusetts, Release (pre-injury contract not to sue), Ski Area, Skiing / Snow Boarding | Tags: Eastern Intercollegiate Ski Association, Edward Grees, Federation Internationale de Ski, FIS, Giant Slalom, Inc., Jeffrey Pier, Jiminy Peak, Jimmy Peak, Jimmy Peak Mountain Resort, Kelly Brush, Massachusetts Ski Safety Act, Middlebury College, MSSA, National Collegiate Athletic Association, NCAA, Oyestein Bakken, St. Lawrence University, United States Ski and Snowboard Association, USSA, Williams College, Williams College Outing Club, Williams Winter Carnival | Leave a comment
Kelly Brush, Plaintiff v. Jiminy Peak Mountain Resort, Inc., Et Al, Defendants and st. Lawrence university, Defendant/Third-Party Plaintiff v. Middlebury College, Et Al, Third-Party Defendants
C.A. No. 07-10244-MAP
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
626 F. Supp. 2d 139; 2009 U.S. Dist. LEXIS 52204
June 11, 2009, Decided
COUNSEL: [**1] For Jeffrey Pier, ThirdParty Plaintiff: Michael H. Burke, LEAD ATTORNEY, George W. Marion, Bulkley, Richardson & Gelinas, Springfield, MA.
For Barry Bryant, Defendant: John B. Connarton, Jr., LEAD ATTORNEY, Luke R. Conrad, Donovan Hatem, LLP, Boston, MA.
For Williams College, Defendant: William J. Dailey, Jr., Brian H. Sullivan, LEAD ATTORNEYS, Sloane & Walsh, LLP, Boston, MA.
For St. Lawrence University, ThirdParty Plaintiff: Thomas E. Day, Edward J. McDonough, Jr., LEAD ATTORNEY, Flanagan & Cohen, PC, Springfield, MA.
For Kelly Brush, Plaintiff: Walter E. Judge, Jr., LEAD ATTORNEY, Downs, Rachlin & Martin, Burlington, VT; Robert B. Luce, LEAD ATTORNEY, Downs, Rachlin & Martin PLLC, Burlington, VT.
For Williams College, Defendant: Lawrence J. Kenney, Jr., Sloane & Walsh, Boston, MA.
For Forest Carey, ThirdParty Defendant: Gerald F. Lucey, Nelson, Kinder, Mosseau & Saturley, P.C., Boston, MA.
For Jiminy Peak Mountain Resort, Inc., Defendant: David B. Mongue, LEAD ATTORNEY, Donovan & O'Connor, LLP, North Adams, MA.
For Middlebury College Middlebury, VT 05753, ThirdParty Defendant: Robert B. Smith, Nelson, Kinder, Mosseau & Saturley, P.C., Boston, MA.
JUDGES: MICHAEL A. PONSOR, United States District [**2] Judge.
OPINION BY: MICHAEL A. PONSOR
[*143] MEMORANDUM AND ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT
(Dkt. Nos. 135, 137, 138, 139, 140, 143, 157)
PONSOR, D.J.
This case stems from a tragic skiing accident that left the plaintiff, Kelly Brush, permanently disabled. The accident occurred during a collegiate ski race on February 18, 2006 when Brush lost control and crashed into a ski lift stanchion just off the trail. In her six-count amended complaint Brush alleges that the severity of her injuries was the result of negligence or gross negligence on the part of the following defendants: Jiminy Peak, Inc., the operator of the ski area where the accident occurred; Williams College and two of its ski coaches, Edward Grees and Oyestein Bakken, who organized the competition; St. Lawrence University and its ski coach, Jeffrey Pier, who was the referee of the race during which Brush was injured; and Barry Bryant, who served as the competition's Technical Delegate from the Federation Internationale de Ski ("FIS"). Pier and St. Lawrence University have also filed a third-party complaint seeking contribution from Brush's school, Middlebury College, and its ski coach Forest Carey, who was a race [**3] referee for a race on the same trail the day before Brush's accident. Before the court are motions for summary judgment from all of the parties.
Jiminy Peak argues that pursuant to the Massachusetts Ski Safety Act ("MSSA") it, as the ski area operator, has no liability because Plaintiff's injuries were caused by her collision with an object off the trail. The other Defendants assert that Plaintiff cannot recover from them because she executed a liability waiver that covered Defendants and their alleged negligence when she registered with the United States Ski and Snowboard Association ("USSA"). The Third-Party Defendants argue that as a matter of law they have no obligation to contribute even if Third-Party Plaintiffs Pier and St. Lawrence are liable to Plaintiff. Plaintiff asks the court to rule that the MSSA does not bar her claims against Jiminy Peak and the USSA liability waiver is not applicable to bar the claims of the other Defendants. Finally she asserts that the facts are sufficient to permit this case to go to trial on a theory of gross negligence, even if the USSA waiver is valid.
For the reasons set forth below, the court will allow all Defendants' motions for [*144] summary judgment, [**4] deny Plaintiff's motion, and order entry of judgment for Defendants.
II. BACKGROUND
The facts are largely undisputed. Where disputes exist, the court has viewed the facts in the light most favorable to Plaintiff.
A. The Accident.
Brush was injured while competing in the Williams Winter Carnival, a two-day event at the Jiminy Peak ski area in Hancock, Massachusetts hosted by the Williams College Outing Club in association with the Williams College ski team. The Winter Carnival is part of the regular season of the Eastern Intercollegiate Ski Association (EISA), one conference within the ski program of the National Collegiate Athletic Association (NCAA). The competition was also held under the auspices of the USSA and the FIS, which in the United States operates through the USSA. As a result of the USSA/FIS affiliation, all competitors in the Winter Carnival had to be USSA members, though not all had to be NCAA athletes. The USSA/FIS designation meant that skiers could earn "points" to improve their international, individual standing by competing in the Winter Carnival events.
The particular event during which Plaintiff was injured was the Giant Slalom, which took place on the second day of [**5] the Winter Carnival. This event requires skiers to pass through "gates" set along the trail as they descend the slope as quickly as possible. Skiers are ranked based on their best time through the course and are not penalized for any runs they fail to finish, due for example to a fall. Technological changes in the past decade have increased the sport's risks. New ski designs allow skiers to reach speeds of forty miles per hour. At the same time it has become harder to predict how skiers will fall if they lose control. Some courses now are set with gates at the edges of the trail to maximize the distance skiers must travel from one side of the trail to another in order to slow skiers down. Persons involved with competitive skiing are aware that technical changes have increased the importance of proper placement of safety equipment during competitions.
Under NCAA and USSA rules, members of the "competition jury" have a responsibility to inspect the layout of a trail prior to its use during a competition. The competition jury for the race during which Brush was injured included the "Chief of the Race," Defendant Edward Grees, the head ski coach at Williams; the "Chief of the Course," Defendant [**6] Oyestein Bakken, an assistant ski coach at Williams; the "Race Referee," Jeffrey Pier, a ski coach at St. Lawrence University; and the "Technical Delegate," Defendant Barry Bryant. Third-party Defendant Forest Carey, the Middlebury coach, was the "Race Referee" for a race that used the same trail the previous day.
The USSA requires that trails used in competitions be "homologated," which means that the trail has been confirmed to meet the relevant FIS regulations. The USSA also mandates that trails be prepared in keeping with homologation requirements. The parties disagree about whether all members of the jury were responsible for confirming that the trail was set consistent with the homologation report, but for purposes of this memorandum the court will assume they were. Additionally, there is a dispute as to whether the trail was, in fact, prepared as set out in a homologation report drafted in keeping with FIS requirements. Again, for purposes of its rulings here, the court will [*145] assume that the trail was not prepared as the homologation report contemplated.
Plaintiff asserts that the relevant homologation report required that "B-netting," a type of netting used to slow errant skiers [**7] before they collide with objects, be placed along the edge of the trail starting uphill from any lift tower and continuing downhill some distance past the lift tower. The homologation report, completed in 2002 by Defendant Grees and an FIS representative for the area where Plaintiff was hurt, included a diagram showing such B-netting. While at least some of the defendants assert the report merely displays safety equipment that might be necessary, rather than the minimal required safety equipment, the court will, again, assume for the current purposes that the report indicated that B-netting should have been installed above and below lift towers. The parties do agree that B-netting was not set up according to the diagram on the day Plaintiff was hurt.
At the time of Plaintiff's accident there was B-netting along the left edge of the trail, stopping at a point approximately even with the gate where Brush lost control and somewhat uphill from a lift tower. No other netting was placed between the trail and the tower, so that the area directly in front of the tower lacked any protection. In prior years B-netting was placed in accordance with a diagram in the homologation report, extending [**8] past the lift tower above and below.
Not only was there less B-netting on February 18, 2006 than there was in the past, there were no triangular nets set around the lift tower itself. Triangular nets are another available type of safety netting used to deflect a skier from a particular hazard. Additionally, neither the tower nor its support stanchion was equipped with a type of padding known as Willy Bags, though such padding is regularly used in speed events.
After the Giant Slalom course was set, Plaintiff had an opportunity to ski down the slope to assess the course, and she did so. Later, during one of her timed runs, Plaintiff caught an edge of one of her skis and lost control. As a result she left the trail and struck the unprotected lift tower support stanchion. The collision caused life-altering injuries to Plaintiff, including paraplegia.
B. Relevant Agreements.
1. USSA Waiver.
At the time of her accident Plaintiff was a member of the USSA and the FIS. During the summer of 2005 registration forms for both organizations were completed on her behalf. 1 The FIS waiver included language acknowledging the risks of skiing competitively. Additionally, it stated that national or club organizations [**9] in the United States may require a skier to waive any liability claims in order to participate in their activities.
1 The parties agree that Plaintiff's mother signed the relevant USSA Release and FIS Registration with Plaintiff's full consent and authorization. They further agree that the weight given to those documents should be the same as it would be if Plaintiff had signed them herself. (Dkt. No. 162, Pl.'s Resp. to Defs.' Joint Statement of Undisputed Material Facts at 18.)
Those completing the USSA registration form had to sign a clearly-labeled liability release. (Dkt. No. 142, Ex. 9.) Pursuant to that release a USSA member
unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY USSA FROM ANY CLAIMS, present or future, to Member or his/her property, [*146] or to any other person or property, for any loss, damage, expense, or injury (including DEATH), suffered by any person from or in connection with Member's participation in any Activities in which USSA is involved in any way, due to any cause whatsoever INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of USSA.
As used in the release "USSA" referred to the [**10] United States Ski and Snowboard Association and "its subsidiaries, affiliates, officers, directors, volunteers, employees, coaches, contractors and representatives, local ski clubs, competition organizers and sponsors, and ski and snowboard facility operators." Id. The term "Activities" included "skiing and snowboarding in their various forms, as well as preparation for participation in, coaching, volunteering, officiating and related activities in alpine, nordic, freestyle, disabled, and snowboarding competitions and clinics." Id.
2. Agreements Between Defendants.
The Williams College ski team utilized the Jiminy Peak ski area for its Winter Carnival and for practice sessions pursuant to a written agreement between the parties. (Dkt. No. 158, Tab 18, Jiminy Peak/Williams College Contract.) That five-paragraph agreement gave Williams and members of its community various types of access to the ski area in exchange for a single annual payment. Jiminy Peak agreed to have its mountain manager work with the Williams alpine coach to determine safe conditions for ski team training and to make and groom snow for the trails that were used during the annual winter carnival.
Jiminy Peak and Williams [**11] College were also parties to an Alpine Schedule Agreement with the USSA. Pursuant to that agreement the competition was listed on the USSA's official schedule; all competitors had to be members of the USSA; competitors, as noted, were able to earn "points;" competition organizers had to agree to allow some non-collegiate USSA members to compete; and members of the competition jury had to be members of USSA. Additionally, the agreement required that facilities "to be used in the actual competition events . . . conform with applicable rules and with requirements of the [Technical Delegate] and competition jury." (Dkt. No. 158, Tab 8, Alpine Schedule Agreement 2, P 8.) The competition organizer, the Williams College Outing Club, was responsible for "working with" Jiminy Peak, the USSA, and the competition jury to select facilities and ensure that they were prepared in accordance with "such rules or requirements, and homologation or facility approval requirements according to discipline and type of competition." Id.
III. DISCUSSION
"Summary judgment is appropriate where 'there is no genuine issue as to any material fact and [] the moving party is entitled to judgment as a matter of law.'" [**12] Coffin v. Bowater, Inc., 501 F.3d 80, 85 (1st Cir. 2007) (citing Fed. R. Civ. P. 56(c)). "[C]ourts are required to view the facts and draw reasonable inferences 'in the light most favorable to the party opposing the [summary judgment] motion.'" Scott v. Harris, 550 U.S. 372, 378, 127 S. Ct. 1769, 167 L. Ed. 2d 686 (2007) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S. Ct. 993, 8 L. Ed. 2d 176 (1962)). "Cross-motions for summary judgment do not alter the basic Rule 56 standard, but rather simply require us to determine whether either of the parties deserves judgment as a matter of law on facts that are not disputed." Adria Int'l Group, Inc. [*147] v. Ferre Dev., Inc., 241 F.3d 103, 107 (1st Cir. 2001).
A. Claims Against Jiminy Peak.
Plaintiff asserts three claims against Jiminy Peak: negligent operation of a ski area in violation of the MSSA (Count I); negligent failure to undertake duties assumed under a contract with Williams (Count II); and negligent inspection (Count III). [HN1] "To prevail in a negligence action under Massachusetts law, a plaintiff must prove that (1) the defendant owed the plaintiff a duty of reasonable care; (2) the defendant breached this duty; (3) damage to the plaintiff resulted; and (4) the breach of the duty caused this [**13] damage." Brown v. United States, 557 F.3fd 1, 3 (1st Cir. 2009) (quoting Jupin v. Kask, 447 Mass. 141, 849 N.E.2d 829, 835 (Mass. 2006)). Jiminy Peak asserts that under the MSSA it did not owe Plaintiff any duty to use reasonable care to prevent her collision with an object off the ski trail. Plaintiff argues that Jiminy Peak had a duty to her pursuant to the MSSA and its agreements with Williams College and the USSA.
1. Statutory Duty.
[HN2] The MSSA serves two somewhat contradictory purposes, (1) to limit the liability of ski operators in order to ensure their economic survival and (2) to ensure skier safety. McHerron v. Jiminy Peak, Inc., 422 Mass. 678, 665 N.E.2d 26, 27 (Mass. 1996). Pursuant to the MSSA a ski area operator has a general duty to operate the "ski areas under its control in a reasonably safe manner." Mass. Gen. Laws ch. 143, § 71N(6) (2008).
However, this duty is sharply limited by other provisions of the act. Of particular relevance in this case is that the MSSA places "the duty to avoid any collision with any . . . object on the hill below" solely on the skier, so long as the object was not improperly marked. Id. at § 71O. The MSSA does shift the duty to avoid collisions back to the ski area operator [**14] when the ski operator has not marked the obstruction "pursuant to the regulations promulgated by the [recreational tramway] board" or "as otherwise provided" in the statute. Id.; see also Eipp v. Jiminy Peak, Inc., 154 F. Supp. 2d 110, 116 (D. Mass. 2001) (declining to enter summary judgment for the ski area operator where skier was injured after striking "a snowgun in the middle of a ski trail"). At the time of Plaintiff's accident the only active regulations, at 526 C.M.R. § 10, did not address signage requirements.
The other requirements established by the MSSA require ski area operators to (1) mark maintenance and snow-making equipment that is in use (Id. at § 71N(1)), (2) mark with flashing lights trail maintenance and emergency vehicles in use in a ski area (Id. at § 71N(2)), and (3) mark the location of snow-making hydrants "within or upon a slope or trail" § 71N(4)).
[HN3] Under the MSSA, skiers are also solely responsible for any injuries resulting from skiing anywhere other than on an open slope or trail. 2 Id. at § 71O; Spinale v. Pam F., Inc., 1995 Mass. App. Div. 140, 142 (Mass. App. Div. 1995) ("[Section] 71O expressly imposes responsibility for injuries sustained while 'skiing [**15] on other than an open slope or trail within the ski area' on the skier, and thereby exempts the ski area operator from liability for the [*148] same."). The ski area operator has no duty to provide netting or padding around obstacles off the trail. Walsh v. Jiminy Peak, Inc., No. 02-11890-MAP, 2005 U.S. Dist. LEXIS 18463 at *12-13 (D. Mass. Aug. 29, 2005). Nor does it assume such a duty by padding some obstacles. Id. Indeed, this court has previously noted that "imposing liability on ski area operators for duties voluntarily assumed but negligently performed would undercut a key goal of the MSSA," because it would discourage ski area operators from adding safety features. 2005 U.S. Dist. LEXIS 18463 at *16.
2 [HN4] A "[s]ki slope or trail" is limited to the "area designed by the person or organization having operational responsibility for the ski area as herein defined, including a cross-country ski area, for use by the public in furtherance of the sport of skiing . . . ." Mass. Gen. Laws ch. 143, § 71I.
The parties agree that the lift tower stanchion 3 Plaintiff struck was "off the course and off the trail." (Dkt. No. 162 at 23.) Given these facts, the MSSA placed the duty to avoid collisions on Plaintiff alone. 4
3 Plaintiff [**16] separately argues that Jiminy Peak had a specific duty to protect skiers from collisions with ski lift stanchions pursuant to 526 C.M.R. 10.09(4)(b). That regulation specifies that ski area operators are to fence or barricade any area of the tramway that could cause injury to a person. However, that requirement appears within a section entitled "Protection Against moving parts or Other Hazards and Clearance Envelopes." Id. at 10.09(4). Given that context, it is clear that this fencing requirement is only intended to keep members of the public from getting too close to moving parts of a tramway system which might cause injury and does not apply to nonmoving elements like stanchions and support towers.
4 Ski area operators' liability is also limited such that they "shall not be liable for damages to persons or property, while skiing, which arise out of the risks inherent in the sport of skiing." Mass. Gen. Laws ch. 143, § 71N(6). The parties disagree about the applicability of this limitation to this case. Jiminy Peak argues that collisions with off-trail objects, regardless of their cause, are a risk inherent in the sport of skiing. Plaintiff notes that the "inherent risks" enumerated [**17] in the statute are natural conditions that can cause a skier to lose control, not dangers that result from such a loss of control. Id. at § 71O (enumerating the "risks inherent in the sport of skiing" as including "variations in terrain, surface or subsurface snow, ice conditions or bare spots"). Plaintiff appears to have the stronger argument that off-trail collisions, though not unexpected, are in a different category than the inherent risks identified in § 71O. As neither party suggests that Plaintiff's crash resulted from an encounter with a natural condition like those listed in the statute, the limitation on ski area operator liability related to inherent risks of skiing is irrelevant. The determinative fact in this case, undisputed on the record, is that Plaintiff lost control and struck a stationary object, the stanchion, off the trail. The MSSA shields Jiminy Peak from liability in this situation. There is no need for an "inherent risk" analysis.
Plaintiff argues that Jiminy Peak's duty to her was not fully circumscribed by the MSSA because her injury occurred during the course of a race. Ski racing is certainly dangerous, perhaps more dangerous than ordinary recreational skiing [**18] because speed is pursued sometimes to the limit of a skier's competence, and beyond. Jiminy Peak undoubtedly was aware of the dangers associated with ski racing and took some steps, together with the race organizers, to try to reduce those dangers. However, no authority suggests that Jiminy Peak or any other ski operator in Massachusetts owes a greater duty to racing skiers than to other, perhaps less experienced, recreational skiers.
Plaintiff asserts that Jiminy Peak assumed a greater duty to racing skiers, similar to the heightened duty one Massachusetts trial court determined ski area operators owed to a minor child enrolled in an instructional program. Sanchez-Souquet v. Jiminy Peak, Inc., 1997 MBAR-094, 1997 Mass. Super. LEXIS 198 (Mass. Super. Ct. 1997). In Sanchez-Souquet, the state court concluded that it was unfair to require "a ski student to 'assume the risk' for his injury" [*149] because ski area operators knew that such skiers lacked experience and judgment and were relying on their instructors to keep them safe. 1997 Mass. Super. LEXIS 198 at *9. Plaintiff urges this court to conclude that racing skiers also should be held to a lower standard than regular recreational skiers because, like students [**19] learning to ski, competitive skiers ski at the edge of their ability. Even if the court was persuaded that the court reached the correct outcome in Sanchez-Souquet (a decision the court need not, and does not, reach) it would not be inclined to carve out a further exception for competitive skiers. While it may be unreasonable to presume that a child learning to ski "know[s] the range of his own ability to ski on any slope, trail or area," a similar presumption cannot be applied to collegiate competitive skiers. Mass. Gen Laws ch. 143, § 71O.
More importantly, [HN5] the MSSA applies to all skiers, a group which includes "any person utilizing the ski area under control of a ski area operator for the purpose of skiing . . . ." Id. at § 71I; Fetzner v. Jiminy Peak, The Mountain Resort, 1995 Mass. App. Div. 55, 56 (Mass. App. Div. 1995) ("The definition of skier in G.L.c. 143 includes any person utilizing the ski area."). Competitive skiers thus have the same responsibility to avoid collisions with objects off the trail as other skiers. Ski area operators simply have no duty under the statute to prevent the injuries suffered by a skier who collides with an off-course obstacle. Without such a duty, [**20] Jiminy Peak's alleged negligence cannot give rise to liability. McHerron v. Jiminy Peak, Inc., 422 Mass. 678, 665 N.E.2d 26, 28 (Mass. 1996) ("As the defendant had no duty to remedy a statutorily defined unavoidable risk inherent in the sport of skiing, the defendant's alleged negligence in failing to eliminate the [risk] does not create liability.").
2. Contractual Duty.
Plaintiff asserts that even if Jiminy Peak did not have a duty to her pursuant to the MSSA or through its voluntary safety efforts, it did have a contractual duty to undertake specific steps to ensure the competition would be as safe as possible. Failing to take those steps, Plaintiff asserts, constituted a breach of a separate, non-statutory duty. Massachusetts recognizes that "a claim in tort may arise from a contractual relationship . . . and may be available to persons who are not parties to the contract." Parent v. Stone & Webster Engineering Corp., 408 Mass. 108, 556 N.E.2d 1009, 1012 (Mass. 1990). However, Jiminy Peak did not obligate itself to provide particular safety measures, such as netting or padding, in either of the two contracts relied on by Plaintiff. Pursuant to its agreement with Williams College, Jiminy Peak agreed to consult [**21] about safe training conditions for Williams skiers and to permit use of several trails for the Winter Carnival competition. Under the Alpine Schedule Agreement, the competition organizers are responsible for "working with" the ski area operator to ensure that ski facilities were prepared in accordance with all USSA rules, regulations, and applicable homologation requirements. The ski area operator, Jiminy Peak, did not itself undertake that responsibility and therefore any failure to ensure that applicable safety requirements were met did not give rise to tort liability.
B. Claims Against Competition Organizers and Officials.
1. The USSA Waiver.
Defendants collectively argue that Plaintiff's various negligence claims are precluded by the liability waiver executed when her USSA membership was renewed the summer before her accident. Plaintiff [*150] asserts that the waiver does not bar her claims because its language was ambiguous as to the persons and entities it covered. In resolving this question the court applies Colorado law, as urged by Plaintiff and agreed to by Defendants. The waiver includes a choice of law provision selecting Colorado law and [HN6] in the absence of a "substantial Massachusetts [**22] public policy reason," Massachusetts law honors choice of law provisions in contracts. Jacobson v. Mailboxes Etc. U.S.A., 419 Mass. 572, 646 N.E.2d 741, 744 (Mass. 1995).
[HN7] Under Colorado law "[e]xculpatory agreements are disfavored and, therefore, they are strictly construed against the party seeking to limit its liability." Del Bosco v. United States Ski Ass'n, 839 F. Supp. 1470, 1473 (D. Colo. 1993). Under Colorado law the applicability of a liability waiver is a legal question to be resolved by the court after consideration of four factors: "(1) the existence of a duty to the public; (2) the nature of the service performed; (3) whether the contract was fairly entered into; and (4) whether the intention of the parties is expressed in clear and unambiguous language." Jones v. Dressel, 623 P.2d 370, 376 (Colo. 1981) (citations omitted). Plaintiffs urge the court to rule that the waiver invoked by Defendants is inapplicable under the third and fourth factors.
As to the third factor, Plaintiff argues that the USSA waiver was a contract of adhesion because the USSA's dominance over amateur ski racing in this country prevented her from being able to negotiate less onerous contract terms with the USSA. [HN8] "Colorado [**23] defines an adhesion contract as 'generally not bargained for, but imposed on the public for a necessary service on a take it or leave it basis.'" Bauer v. Aspen Highlands Skiing Corp., 788 F. Supp. 472, 474 (D. Colo. 1992) (citing Jones v. Dressel, 623 P.2d 370, 374 (Colo. 1981)).
On the undisputed facts of this case, Plaintiff's "adhesion" argument must fail, because under Colorado law recreational activities and services are not essential. Rowan v. Vail Holdings, Inc., 31 F. Supp. 2d 889, 898 (D. Colo. 1998) (holding that waiver was not fairly entered because skier was skiing "as a part of work, not as a part of recreation"); Bauer, 788 F. Supp. at 475 (enforcing waiver executed as part of ski rental, even though all ski rental outlets used similar waivers, because such services were recreational, not essential). Plaintiff completed the USSA waiver in order to engage in a recreational activity. The nature of the activity is not changed by its competitive nature, its subjective importance in Plaintiff's life, or the fact that a single entity controlled virtually all opportunities to engage in the recreational activity. But see O'Connor v. United States Fencing Ass'n, 260 F. Supp. 2d 545, 552 (E.D.N.Y. 2003) [**24] (concluding that a liability waiver was not binding under Colorado law because the waiver's author so controlled the sport of fencing that an athlete wishing to compete had no choice but to agree to the terms in the waiver).
Finally, Plaintiff argues that the waiver did not express the parties' intentions in clear and unambiguous language. Having reviewed the waiver, the court concludes that the language of the waiver was clear and unambiguous. Clear language indicates that the signer is waiving all claims against the USSA including those based on negligence, as indicated in bold, italic, capital letters. See Jones, 623 P.2d at 378. The waiver defined USSA quite expansively to encompass a host of individuals and groups including all affiliates, volunteers, competition organizers, sponsors, coaches, and representatives. It is clear that the list was meant to encompass any [*151] one involved in running a competition sanctioned by the USSA. Finally, it is undisputed that skiers, including Plaintiff, participating in the Williams Winter Carnival knew the event was sanctioned by the FIS through the USSA because they knew they were competing, in part, for FIS points.
2. Gross Negligence.
Plaintiff [**25] asserts that even if the USSA waiver is valid, she should be able to proceed against these Defendants on a theory of gross negligence. The argument is colorable but ultimately unpersuasive.
It is true that [HN9] under Colorado law an exculpatory agreement cannot "provide a shield against a claim for willful and wanton negligence." Id. at 376. In Colorado an individual who "purposefully committed an affirmative act which he knew was dangerous to another's person and which he performed heedlessly, without regard to the consequences or rights and safety of another's person" can be found to have acted with willful and wanton negligence. Barker v. Colorado Region–Sports Car Club, Inc., 35 Colo. App. 73, 532 P.2d 372, 379 (Colo. Ct. App. 1974). In Massachusetts, waivers may only release a defendant from ordinary negligence. Zavras v. Capeway Rovers Motorcycle Club, Inc., 44 Mass. App. Ct. 17, 687 N.E.2d 1263, 1265 (Mass. App. Ct. 1997).
Plaintiff has alleged in her complaint that Defendants were grossly negligent. [HN10] Gross negligence involves "materially more want of care than constitutes simple inadvertence," though "it is something less than [] willful, wanton and reckless conduct." Altman v. Aronson, 231 Mass. 588, 121 N.E. 505, 506 (Mass. 1919). Despite [**26] the severity of Plaintiff's injuries, the conduct alleged by Plaintiff is simple inadvertence. There is no evidence in the record, and indeed no allegation, that any of the Defendants, or anyone at the competition, became aware that there was an area of the trail without netting where netting was normally placed and declined to remedy the situation. At most there was a collective failure to take a step that might have lessened the injuries suffered by Plaintiff. No reasonable jury could find that this simple inadvertence, no matter how tragic its consequences, constituted gross negligence.
C. Third-Party Claims.
Having concluded that all Defendants, including the Third-Party Plaintiffs, are entitled to summary judgment, the court necessarily grants Third-Party Defendants' motion for summary judgment on the third-party contribution claims asserted against them. Any negligence on the part of Forest Carey, whether in his capacity as a race official or as Plaintiff's coach is expressly covered by the USSA waiver. Even if the court had concluded that the waiver was inapplicable, Third-Party Defendants would be entitled to summary judgment because Carey simply did not breach any duty he owed [**27] to Plaintiff. His role as a race official concluded the day before Plaintiff's accident. As a competitor on the following day, Plaintiff was outside the group of people likely to be injured by his acts or omissions as a referee. Therefore he had no duty with respect to her safety. See Matteo v. Livingstone, 40 Mass. App. Ct. 658, 666 N.E.2d 1309, 1312 (Mass. App. Ct. 1996) (citing Palsgraf v. Long Island R.R. Co., 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928)). The risk which caused Plaintiff harm, improper safety fencing, was similarly not reasonably foreseeable to Carey in his capacity as her coach. See Moose v. Mass. Inst. of Tech., 43 Mass. App. Ct. 420, 683 N.E.2d 706, 710 (Mass. App. Ct. 1997) (upholding a jury's finding that a coach was negligent where the risk which caused a student-athlete's [*152] injury was reasonably foreseeable). Third-party Defendants would thus be entitled to summary judgment even absent the USSA waiver.
This is a terribly sad case. A young woman has been tragically, permanently injured. Putting aside considerations of legal liability, somebody connected with the 2006 Winter Carnival should, as a matter of conscience and professionalism, have noticed the unprotected ski tower and made sure that appropriate netting [**28] was installed to provide a greater degree of protection to the competitors.
It would, however, be false compassion now to ignore the undisputed facts and the unavoidable law. The Massachusetts Ski Safety Act, in the case of Jiminy Peak, and the USSA waiver, in the case of the other Defendants, forecloses any possibility of liability for payment of damages to Plaintiff in these circumstances. To encourage pursuit of a lawsuit lacking a legal basis would only serve to compound the tragedy.
For the reasons set forth above, Defendants' Motions for Summary Judgment (Dkt. Nos. 135, 137, 138, 139, 140) are hereby ALLOWED, Third-Party Defendants' Motion for Summary Judgment (Dkt. No. 143) is hereby ALLOWED, and Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 157) is hereby DENIED. The trial scheduled for September 28, 2009 will obviously not go forward.
The Clerk is ordered to enter judgment for Defendants; the case may now be closed.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge
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