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You're very much off base, what you are suggesting does not even show a basic understanding of contract law. What I said is straight forward interpretation of your remarks. You are obviously suggesting one party here can make unilateral decisions which is not supported in contract law.
If a contract/agreement doesn't bound you, of course you are allowed to make unilateral decisions.
In fact, the bid (as Victor posted) stated that they were to distribute the surplus funds among certain groups. How they were to distribute the funds isn't stipulated. If you cannot understand that by contract law that entitles you to distribute as you see fit among those groups, then there is no point continuing to address you.
No more like a by-stander who has picked sides and wants to see a rumble. Having been president of a 900 member TA local in Windsor hardly qualifies you as a contract expert.
Last edited by Zeljko Kitich; Sunday, 10th July, 2011, 06:43 PM.
If a contract/agreement doesn't bound you, of course you are allowed to make unilateral decisions.
In fact, the bid (as Victor posted) stated that they were to distribute the surplus funds among certain groups. How they were to distribute the funds isn't stipulated. If you cannot understand that by contract law that entitles you to distribute as you see fit among those groups, then there is no point continuing to address you.
Denton
You're right, your lack of knowledge of contract law does make this conversation pointless. As Patrick points out there is not even a clear correlation that those that will receive the funds are in fact part of the three groups mentioned; they are certainly not the groups mentioned as they are being given the funds as individuals. Nor is it clear that they are being told that they are being given the funds on the basis that they will be part of these groups & what will happen if they are not.
There was likely a meeting of the minds here initially but some of the organizers have decided to change that after the fact, by holding a vote after the fact and not having advertised any prize fund before the tournament as is customary in chess tournaments.
Last edited by Zeljko Kitich; Sunday, 10th July, 2011, 06:40 PM.
Gary, I just got an email from Larry that he will not be able to help quickly with reset of my chesstalk password. Could you please put the content of attached word file to chesstalk.
Best Regards,
Victor
My son Nikita Gusev is now 16 years old, and he has played chess since he was 5. This year he went to NAYCC 2011 (NY). Nikita was an official player U16, and we didn’t see any money from CFC towards this trip. Anybody from Canadian players received any money towards trip to NAYCC 2011? The only thing we saw was the support from organizers ”will be reimbursing US$260 to cover the hotel for four nights from June 25-28, including a 7.3% tax.”
Last year Nikita was invited to participate in Under 16 Youth Chess Olympic. There were no financial support offered from CFC, and he didn’t go. The only person who tried to raise the money was “CFC member” Gary Gladstone.
And finally I’d like to answer to Rene Preotu regarding “extra money that CFC received from Ottawa's CYCC 2007”. After CYCC 2007 my son went to the world WYCC 2007 (Turkey), and as the second player he didn’t get any financial support. The official player was Nikita Krayushkin, but Krayushkin had a problem at the airport, and did not come to the tournament. This way my Nikita was the only Canadian representative in the group U12. Later I contacted CFC, and tried to find out if we can get any money for air ticket, hotel, and meals. On my last email there were no reply from CFC, and if you read it bellow, I think you will understand why.
“Robert,
I understand that Krayushkin didn't care to much about the money since they were not paid from his pocket, but can I see any emails or letters from CFC where money were demand from air carrier or CFC didn't request payback? And what about living expenses (room, food). Air carrier didn't take this money, I hope? And we didn't see them too.
Regards,
Victor Gusev”
“Hi Victor,
I apologize for the delay in responding, but I did take the time to contact both Patrick McDonald and Yan Teplitsky to get their accounts of the situation. I thank them both for their help and detailed accounts.
To summarize, the Krayushine's arrived too late at the airport for their flight. Efforts by the airline and our travel agent to get them on a later flight at no additional charge failed when Mr. Krayushkine refused all help and became rude and abusive. This was all exacerbated due to language barriers. Further efforts by Yan were fruitless as Mr. Krayushkine continued to be uncooperative.
The airline's position is that the Krayushkine's were offered a later flight and refused. Despite our best efforts, the CFC has been unable to recover the ticket costs due to the actions of Mr. Krayushkine. Consequently, we are unable to award the prize to Nikita.
This year we have taken steps to eliminate this happening again. Parents are responsible for purchasing their airline tickets and will be reimbursed when their attendance is confirmed.
Sincerely,
Robert Gillanders
Executive Director
Chess Federation of Canada
Fédération canadienne des échecs info@chess.ca”
Bob, there seem to be some allegations that the CFC failed to account for some surplus monies it received from the Ottawa CYCC. I assume (hope?) these allegations are from people who don't have all the facts. To avoid having yet another issue that will have a lingering negative impact on the CFC's credibility, I suggest you and your executive team should resolve the matter once and for all at the AGM. Surely it can't be that difficult to pull out the old current account deposit book and bank statements to confirm that the monies received from the Ottawa CYCC were deposited, in full, to the CFC's bank account(s) with cancelled cheques being pulled to confirm how those monies were subsequently disbursed, can it? It would be nice to see these allegations refuted before they gather momentum.
"We hang the petty thieves and appoint the great ones to public office." - Aesop
"Only the dead have seen the end of war." - Plato
"If once a man indulges himself in murder, very soon he comes to think little of robbing; and from robbing he comes next to drinking and Sabbath-breaking, and from that to incivility and procrastination." - Thomas De Quincey
The surplus going to WYCC PanAM and NYCC entrants is far different than awarding a prize fund on a grid, I'm sure you can see.
Christopher,
Now, I think, you are missing the point.
1. To distribute the surplus to WYCC, PANAM and NYCC entrants was the intention of CYCC Organizing Committee. But not the obligation. The only obligation in this Paragraph is to pay CFC minimum $15,000 and maximum $20,000.
2. The intention was to support the entrants to 2011 WYCC, 2011 NAYCC and 2011 PAnAm. 2011 is clearly stated in Paragraph 3.2 of the bid (if you don't have the bid, I'll bring it to the AGM). It was beyond 2011 CYCC Organizing control that after submitting our bid to CFC, the 2011 NAYCC and 2011 PANAM had been scheduled earlier than 2011 CYCC. We were unable to support 2011 NAYCC and 2011 PanAm participants from our funds because CYCC was scheduled later.
3. CFC actually could do it since the rookie President kept $1,000 from 2010 CYCC for the "rainy day". However, as it was stated by Victor Gusev, nobody of 2011 NAYCC entrants had received any financial support. And 2011 PANAM dates were in conflict with CYCC dates, so only 3 players from Canada were playing there.
4. Taking into account that 2011 NAYCC and 2011 PanAm have already passed, CYCC Organizing Committee decided to distribute the cash prizes to the 3 CYCC winners in each category, who potentially supposed to be entrants to WYCC, NAYCC and PANAM if the dates of these events would be after 2011 CYCC as it always happend in all previous years.
That may or may not be so. The question is, who was assuming the downside risk? If it is the committee as a whole then it is reasonable to assume that they all had a vote in disposition of funds. If it was the chairperson then we would have a different interpretation.
The download risk was assuming equally by four of five 2011 CYCC Organizing Committee's members. However, these four members have decided to grant the equal vote to the fifth member to avoid ties in the voting procedures.
I don't want to make any judgement until I have heard all the arguments and seen the contract language in total. Hopefully we will get to hear from the members of the 2011 CYCC committee as well (who did a wonderful job from what I saw over the two days that I visited the site).
It might be argued that the surplus referred to is the extra $5000 over and above the minimum promised payment. Painful as it may be to certain members of the CFC executive and governors perhaps the CFC does not have the right to interfere in this decision. Further, interfering could open the CFC to legal liability that would be much more costly than the amounts involved. Of course I will wait until I have heard all the facts before making up my mind.
This is the last thing which I personally am willing to do. At the end of the day this legal liability will be covered by CFC from the kids' money.
My goal, on the contrary, is to give money to children to play chess, and not to take this money back.
Bob, there seem to be some allegations that the CFC failed to account for some surplus monies it received from the Ottawa CYCC. I assume (hope?) these allegations are from people who don't have all the facts. To avoid having yet another issue that will have a lingering negative impact on the CFC's credibility, I suggest you and your executive team should resolve the matter once and for all at the AGM. Surely it can't be that difficult to pull out the old current account deposit book and bank statements to confirm that the monies received from the Ottawa CYCC were deposited, in full, to the CFC's bank account(s) with cancelled cheques being pulled to confirm how those monies were subsequently disbursed, can it? It would be nice to see these allegations refuted before they gather momentum.
That's a good idea and if it comes to that perhaps an independent audit review for that one issue, which hopefully won't cost all that much. Or perhaps a letter from the auditor who did the audit for the year in question as to that specific issue since I'm sure that was reviewed at the audit for that year.
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