 
          Geotechnical News    March 2011
        
        
          15
        
        
          CGS NEWS
        
        
          The mission of the CGS is “
        
        
          
            To initi-
          
        
        
          
            ate and pursue efforts leading to the
          
        
        
          
            technical competence and excellence
          
        
        
          
            of Canadian geotechnical and geo-
          
        
        
          
            sciences professionals”
          
        
        
          . This mission
        
        
          is as meaningful now as it was when
        
        
          written. For those interested, the ad-
        
        
          ministrative manual of the CGS is in-
        
        
          cluded in the members section on our
        
        
          website and is useful reading for those
        
        
          interested in our affairs – few societies
        
        
          have such a comprehensive outline of
        
        
          their organization. As further example,
        
        
          Dr. Vic Sowa presented me with a daily
        
        
          planner of duties and schedule for the
        
        
          coming year, just in case my memory
        
        
          needed a reminder!!
        
        
          Looking back, the 2010 CGS Annu-
        
        
          al Conference in Calgary and the 2009
        
        
          Conference in Halifax were both very
        
        
          successful. Looking forward, the CGS
        
        
          will host the 14th Pan-American Con-
        
        
          ference on Soil Mechanics and Geo-
        
        
          technical Engineering, the 64th Ca-
        
        
          nadian Geotechnical Conference and
        
        
          the 
        
        
        
        
        
          at the Sheraton Centre
        
        
          Hotel in Toronto, Ontario from October
        
        
          2 to 6, 2011. This is the first joint con-
        
        
          ference with the International Society
        
        
          for Soil Mechanics and Geotechnical
        
        
          Engineering since a similar conference
        
        
          in Vancouver in 1982. All members of
        
        
          the CGS are urged to attend this impor-
        
        
          tant conference.
        
        
          From May 15 to 17, the 5
        
        
          th
        
        
          Cana-
        
        
          dian Conference on Geotechnique
        
        
          and Natural Hazards is being held in
        
        
          Kelowna and from September 18 to 21,
        
        
          Slope Stability 2011: the International
        
        
          Symposium on Rock Slope Stability in
        
        
          Open Pit Mining and Civil Engineer-
        
        
          ing is taking place in Vancouver. Look
        
        
          to the Calendar of Events on our CGS
        
        
          website 
        
        
        
           for more informa-
        
        
          tion on these conferences, both of which
        
        
          are supported by the CGS. Kelowna is
        
        
          a great place to be in May, right next to
        
        
          Lake Okanagan, and if you did not visit
        
        
          Vancouver during the 2010 Olympics,
        
        
          the Olympic flame statue will still be
        
        
          there in September when you attend the
        
        
          Slope Stability conference.
        
        
          All of the above events originated
        
        
          from the hard work of CGS members.
        
        
          These events are part of the continuing
        
        
          practice and teaching of geotechnical
        
        
          engineering, which continues to grow
        
        
          and prosper in Canada. Canadians are
        
        
          leaders in many aspects of geotech-
        
        
          nique and continue to develop new
        
        
          techniques and ideas. One of our great
        
        
          strengths is the development of young
        
        
          geotechnical talent through advanced
        
        
          education and transfer of experience.
        
        
          Key to this is the mentoring of young
        
        
          engineers – to that end CGS embraces
        
        
          and fosters mentoring of young geo-
        
        
          technical professionals. If this is im-
        
        
          portant to you, then being a member of
        
        
          the CGS should be as well!
        
        
          My two initiatives for this two-year
        
        
          term are to a start an Oil Sands Geo-
        
        
          technique Committee and to expand
        
        
          strategic planning in the CGS. Strate-
        
        
          gic planning will be pursued at length
        
        
          over the next two years. The Oil Sands
        
        
          initiative may become part of a larger
        
        
          mining initiative, one of which will
        
        
          come to fruition in 2011. For those in-
        
        
          terested in the Oil Sands, seven distin-
        
        
          guished scientists from the Royal So-
        
        
          ciety of Canada just published a report
        
        
          on the present environmental status of
        
        
          that area. This interesting reading is
        
        
          available from the Royal Society of
        
        
          Canada website, 
        
        
        
          Being a volunteer President of this
        
        
          distinguished learned society carries
        
        
          with it the triple responsibilities of
        
        
          honouring those geotechnical engi-
        
        
          neers who have built this society, ad-
        
        
          dressing the needs of our current mem-
        
        
          bership who inevitably seek value for
        
        
          their annual dues, and gauging the fu-
        
        
          ture so that our society continues to be
        
        
          relevant to our members. These are our
        
        
          challenges over the next two years!
        
        
          Le
        
        
          
            Message du président
          
        
        
          Chers collègues,
        
        
          Ceci est mon premier message pour
        
        
          les membres de la Société Canadienne
        
        
          de Géotechnique (SCG) dans mon
        
        
          nouveau rôle de Président pour la du-
        
        
          rée de 2011/2012. D’abord, je tiens à
        
        
          remercier le Président sortant, Michel
        
        
          Aubertin, et son Comite exécutif (CE),
        
        
          pour leurs réalisations et leur travail
        
        
          acharné au cours de cette dernière péri-
        
        
          Bank and its affiliates were original ad-
        
        
          dressees thereof; provided, however,
        
        
          that U. S. Bank and its affiliates shall be
        
        
          deemed not to be subject to or bound by
        
        
          any of the obligations of any original
        
        
          addressee or owner of the Property in
        
        
          any agreement related to the Report....”
        
        
          In essence, this wording would require
        
        
          environmental professionals to commit
        
        
          risk management suicide. It gives the
        
        
          Bank all the benefits of being able to
        
        
          rely on the report (plus a potential es-
        
        
          cape from the constraints of the eco-
        
        
          nomic loss doctrine) with absolutely
        
        
          none of the liabilities or responsibilities
        
        
          that comprised the business context
        
        
          through which the report was devel-
        
        
          oped. In a best-practices scenario – the
        
        
          type of scenario to which, I presume,
        
        
          the Bank subscribes – the client selects
        
        
          a particularly qualified consultant, dis-
        
        
          cusses its needs with the consultant, and
        
        
          then works with the consultant to mutu-
        
        
          ally establish a scope of service for the
        
        
          engagement. The consultant and client
        
        
          then discuss the consideration the con-
        
        
          sultant needs to fulfill the scope of ser-
        
        
          vice and manage the risk associated
        
        
          with potentially lifelong responsibility
        
        
          for the deliverable. Such consideration
        
        
          includes the fee
        
        
        
          risk man-
        
        
          agement provis
        
        
        
           contract,
        
        
          such as limitation of liability.
        
        
          By requiring a consultant to prepare
        
        
          and sign its form letter, the Bank is stat-
        
        
          ing, in essence, “We want to be able to
        
        
          rely on the report indefinitely (and even
        
        
          if we do not issue the financing, by the
        
        
          way) without having to accept any of
        
        
          your contractual safeguards, without
        
        
          having to compensate you for any of
        
        
          your customary, anticipated risks, and
        
        
          without having to compensate you for
        
        
          your new, significantly expanded risks,
        
        
          especially the new risk that arises be-
        
        
          cause you designed your service for
        
        
          some other party, and with no knowl-
        
        
          edge of the Bank’s needs and prefer-
        
        
          ences, and no knowledge of the service
        
        
          scope the Bank believes is best-suited to
        
        
          address those needs and preferences.”
        
        
          To a very real extent, Mr. Grundhofer,
        
        
          this is like requiring a physician to be li-
        
        
          able for your health after you decide to
        
        
          follow the course of treatment the phy-
        
        
          sician prescribed for your friend whose
        
        
          illness (in your opinion) was kind of
        
        
          like your own.
        
        
        
        
        
        
          do
        
        
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          b
        
        
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