Calgary ParkPlus multi-million lawsuit and ownership settlement – An exclusive inside look at a “key” piece of evidence

ParkPlus settlement with Dale Fraser, former CPA General Manager

Background of the “key” piece of evidence

Now that Calgary Parking Authority (CPA) has settled the Parkplus parking management system ownership dispute and disclosed some key information (see endnotes), this reporter feels comfortable in sharing an exclusive inside look at one piece of evidence against Mr. Dale Fraser’s ownership claim without risking harm to the city and CPA’s legal case.

This key piece of evidence (you can judge for yourself to see if you agree it is “key” or not) was an August 2008 video interview with Mr. Dale Fraser conducted by this reporter. In the extensive August 2008 interview (where Alderman Dale Hodges was also interviewed), a variety of ParkPlus topics (including patents) were discussed. This video evidence was almost “lost” at one point as it was originally uploaded and stored on the now discontinued Google Video service!

Fortunately, after some help from a Google engineer friend, the August 2008 interview was recovered along with a few hundred uploaded videos. The video interview was useful enough that Calgary Parking Authority licensed it to help its case which is why I’m claiming this as an “exclusive inside look“.

Unlike the parties involved in the legal settlement (Calgary Parking Authority, City of Calgary, Mr. Dale Fraser, and Mr. Allan Bazar), I am an independent reporter and not bound by any confidentiality agreement.

An exclusive inside look at a key piece of evidence

In the August 2008 interview, former Calgary Parking Authority General Manager Mr. Dale Fraser told this reporter,

”Calgary Parking Authority did create the proprietary approach to this new parking system. And we [CPA] do have a patent-pending on this approach at this time.”

During the 30+ minutes interview, at NO point did Mr. Fraser leave this reporter with the impression the pending Canada/US ParkPlus patent was his (or his & Mr. Allan Bazar’s) personal invention or intellectual property. In fact, Mr. Fraser seemed to me quite clear in explaining the system was developed by MTS Allstream with the funds/resources from Calgary Parking Authority.

As suggested in “The Patents” section in the 2008 August report “ParkPlus by Calgary Parking Authority – Reimagining the Wheels“,

US patent is one of the most important ones to apply for, simply because the US is one of the largest markets and it has a reasonably strong patent protection regime.

Here is my 2008 interview video (pay attention to time code ~3:40 to ~3:50).

[Please note that the interview is protected by copyright. License and use requests (including for press and media) are to be submitted via email and will be handled promptly.]

This article is cross-posted by me to examiner.

Endnotes: Although the settlement agreement has confidentiality clauses, the parties agree to disclose the following information (emphasis added) and I quote from the Media Release – ParkPlus Settlement – April 2013,

(1) The Defendants, Dale Fraser, Allan Bazar and 1707626 Alberta Ltd., (now Intelli-Park Corporation) acknowledge that the City of Calgary and CPA are the exclusive owners of the ParkPlus SystemTM and that none of the Defendants has any right, title or interest whatsoever in the ParkPlus SystemTM;
(2) While the ParkPlus SystemTM is valuable and all necessary consideration for settlement is acknowledged, there is no payment by the City of Calgary or CPA of any money whatsoever to any of the Defendants or any other person;
(3) The claims and counterclaims in the action will be wholly discontinued without costs; and
(4) The parties release each other from all claims and counterclaims in the action including any claims relating to the ParkPlus SystemTM or the employment of Dale Fraser and Allan Bazar with the City of Calgary and CPA.

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