Professional Documents
Culture Documents
BLG Kosikar
BLG Kosikar
Without Prejudice
Ref: 550238/000001
I appreciate that you have been recently retained or you remain on a retainer basis
for the Vancouver Olympic Committee (VANOC) and that you have taken the time to
respond to my query.
As you are aware, the email dated 5 June 2014 was not my first communication with
John Furlong and/or Terry Wright. My history with VANOC and these individuals is
evident from numerous emails, phone messages going back to shortly after the
games themselves. However, as they believe that legal intervention is now a
requirement, I will respond in kind to the points laid out in your letter and reinforce
a few of my own.
First of all, I believe that we will need to agree to disagree regarding what you have
deemed as ‘inaccurate and substantiated claims’ regarding any intent on my part to
make these claims public.
The dual purpose of my email was to ensure that there was a mechanism in place to
support VANOC workers post games, including those with Post Traumatic Stress
Disorder (PTSD) like myself, and offer an opportunity for VANOC to sponsor my
forthcoming book. To be clear, the book is the story of my life and, as working on the
track that fateful winter is part of my life story, it certainly will form part of the book
– it will not be the basis of the book despite your inference otherwise.
I will not delve too far into the history leading to our communication as this is
appears to be purely subjective however; I will dispel a few wide assumptions that
were made within your letter.
1) The personal assistance that I sought from VANOC two years ago was in
relation to support with my claim to the Workers Compensation Board
(WCB). A large respected company such as VANOC would have provided
credence for my claim considering how VANOC and the WCB were aware
that certain workers received support and other did not. Being the actual
first responder and having my claim denied impacted me deeply. I freely
provided VANOC with all my circumstances and there was never a request to
from VANOC to sign a waiver regarding my privacy in order to support my
claim to the WCB. There was no other motive regarding this contact.
2) You state that the placement of the posts at the time of construction was
carefully considered ‘taking into account the all of the information and advice
available at the time’. You go on to say that it included ‘information very
much’ like mine ‘addressing [my] concerns’. I find this statement very wide
indeed, in fact, so wide that it is obvious. There is little benefit on lingering on
this point within this letter for my response as I aim to be succinct as
possible and focus on the real facts.
3) The assistance I provided to the Safety Audit was at the request of VANOC
and consisted of one days’ attendance at a meeting. I insist that protocols and
standards that I suggested at that meeting are still not wholly implemented
to ensure future safety. Again, another redundant point for this letter.
As stated above, due to the tone of your letter, there is little point in trying to refute
your clients’ claims in a single letter, and it will not benefit me nor you to rehash the
timeline again; I will save this for the VANOC chapter of my book that I continue to
write. I note that VANOC is not requesting a release nor is it preventing me from
disclosing my claims publicly, this is admirable.
Finally, in response to the without prejudice offer, I do accept the offer of the
counselling and retraining program from Back In Motion. I understand from your
letter that this offer is without admission of any liability; I would expect nothing less
from VANOC.
Please do provide me with the necessary details for the scheme so that I can both
physically and mentally prepare to attend. As evident from all of my
communications, my aim is to be a positive contributor to the community and get
back to work and life as normal.
Kind regards