On March 17, 2004 Brockton Point Cricket Club and the British Columbia Mainland Cricket Association have agreed to resolve the litigation commenced by BPCC against the BCMCA. With the assistance of mediator and arbitrator Gary Fitzpatrick, the parties have agreed that BPCC will have a team in the each of the 1st and 4th Divisions of the BCMCL for 2004 and all claims made by BPCC and the BCMCL in the litigation will be dropped. The BMCMA will use its best efforts to ensure that BPCC will play the majority of their home games at Balaclava Park. One matter, concerning the possible return of the BPCC’s first team to the Premier Division, could not be agreed and was the subject of arbitration. Mr. Fitzpatrick decided after hearing submissions from both sides that all of the BCMCL’s normal rules would apply to BPCC for 2004, save and except that if BPCC’s 1st Division team finishes with a 66.67%, finishes in the top 3 teams of the 1st Division, and does at least 75% of its umpiring duties, BPCC will be entitled to pay in the Premier Division in 2005.

IN THE MATTER OF THE BROCKTON POINT CRICKETCLUB AND THE BRITISH COLUMBIA MAINLAND CRICKET ASSOCIATION

MINUTES OF SETTLEMENT

1. Reinstatement of Brockton Point to the Association effective December 31,2002, upon payment of $875 fees
2. Membership in the 1st and 4th division for 2004 by Brockton Point, upon payment of $200 fees
3. The league will give consideration to appointing an Ombudsperson, and BP will appoint a new representative to deal with issues concerning the league.
4. The league treasurer and the BP treasurer will meet and resolve past money claims by the League, and if no resolution, then the issues will be resolved by arbitration, using a volunteer arbitrator appointed by both parties.
5. John McCabe will release Chris Van Twest of all claims and causes of action concerning defamation and contempt of court, and will dismiss any related legal proceedings by consent without costs.
6. BP will dismiss this action against the league without costs.
7. Each party will pay ½ of the mediator's costs.
8. The league will use their best efforts to ensure that BP will play the majority of their home games at Balaclava Park. For 2005, Balaclava Park will be the venue for home games of Brockton Point.

ARBITRATION AWARD

On March 17, 2004, the parties above met with the intention of convening a mediation/arbitration. During the mediation portion of the meeting the parties reached the above minutes of settlement. There was one matter which then proceeded to arbitration. That portion of the dispute revolved around whether or not any opportunity ought to be given to the Plaintiff to return to the Premier Division.

After hearing submissions from both sides my award is as follows:

The normal rules to apply to the Plaintiff for 2004 save and except that if the Plaintiff's 1st division team obtains a minimum of 66% winning record and finishes in the top 3 of that division in 2004, and does at least 75% of its umpires duties, then the Plaintiff will be elevated to the Premier division of the League for 2005.

This is my award

March 17, 2004
Gary Fitzpatrick
Arbitrator

My name is Chris Van Twest. I am the President of the Brockton Point Cricket Club.

We have been locked in litigation with the BCMCL for 2 years. Although we have settled the litigation there continue to exist issues that divide us. We believe in free markets, trade and competition on and off the field. We are against the league monopoly for the sale of cricket balls. Like any regulatory authority the League should only approve products for sale and not be involved in the actual transaction. During the litigation the league indicated that it was faced with the mamoth task of scheduling approximately 535 fixtures in the available parks for 2004. That indicates a market for some 1070 cricket balls. We intend to offer the membership a brand of 4 piece, 80-82 stitches, 5 x5 layers cork and wool, regulation 156 gram, S. Asian cricket ball which we can make available for wholesale purchases by the membership over the internet at www.cricketclub.org for ½ to 2/3 of the present cost of balls. We trust that we shall have the league and the membership approval and support for this initiative.

While the number of cricket players and clubs increase, the availability of grounds decreases. In the aftermath of 9/11 it is politically unacceptable that we should have to make scarce resources, our parks, available to the Seattle Cricket Club as an alternative to having to pay the $100 per person visa fee to enter the U.S.A The Seattle Cricket Clubs should be given their notice.

Ultimately the Brockton Point cricket club is traditional and conservative. We have standards. We believe cricket should be played on grass as god intended. For a brief moment the cricket club and I abandoned those standards for the sake of expediency and personal ambition and supported the incumbent president of the BCCA to office.

I was not born here but I grew up in Vancouver and learned a lot of my cricket here. I have played cricket for Canada at the under 19 and senior levels of competition. I am now in the twilight of my playing days. I can tell you that the Brockton Point cricket club, the BCMCL, the BCCA, and the CCA have served cricketers well. I was not prepared to have the Brockton Point cricket club bulldozed into submission by the BCMCL. I am not prepared to abandon the BCCA to or for an upstart and untried cricketing council led by a cricketing neophyte with no c.v or pedigree. I made that mistake once. We have our standards.