Grouse Mountain ski resort in North Vancouver. (Pixabay photo)

Snowboarder paralyzed from fall at Grouse Mountain wins appeal to sue

Jason Apps suffered a fall, rendering him a quadriplegic, in March 2016

An Australian man who suffered life-altering injuries after a fall in Grouse Mountain’s snowboard park has been granted the right to sue the mountain by the B.C. Court of Appeal.

The B.C. Supreme Court dismissed his lawsuit in June, but a three-judge panel overturned that decision earlier this week.

Jason Apps suffered a fall at the Grouse Mountain Terrain Park, rendering him a quadriplegic, in March 2016, according to court documents published on Thursday. None of Apps’ allegations have been tested in court.

Apps claims that the mountain was negligent in how it designed the park and was in breach of the Occupier’s Liability Act. He alleges that the mountain failed to warn of the risk for serious injury in its waiver printed on the back of his lift ticket.

In June, a trial judge dismissed Apps’ case, saying that he was bound by the terms of the waiver printed on the ticket, and that as an employee himself at a ski resort in Whistler he would have known his rights and risks. The judge also agreed with Grouse Mountain that there were adequate warning signs posted around the mountain.

READ MORE: Grouse Mountain ski resort purchased by B.C.-based Northland Properties

But this week, the court of appeal found that the warning signage shouldn’t have been considered in the original decision. Instead, the judge should have looked at just the waiver notice posted at the ticket booth, which they found to be “difficult to read,” among other issues, according to court documents.

“By the time Mr. Apps arrived at the terrain park, he had paid for his non-refundable ticket, taken the lift up the mountain, and had begun snowboarding,” the decision reads.

“It was far too late to give notice of what was in the waiver. That had to be done at or before the ticket booth.”

The three-judge panel also determined that the fact Apps had used waivers in his work in Whistler played no relevant role in Grouse Mountain’s argument.

“I do not think the fact that Mr. Apps had some previous awareness that when he signed an agreement at Whistler, he was waiving legal rights of some sort, can satisfy that obligation in this case,” the decision reads.

Because the ruling did not make a ruling on the merits of the lawsuit, a trial date will be set at a later time in front of a new judge.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

lawsuit

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Campbell River Isolationpalooza II

Featuring all local musicians! The Mirror’s virtual concert, of sorts!

WATCH: Emergency services joins nightly salute to Campbell River frontline workers

Parade with lights and sirens stopped in front of Campbell River Hospital

Campbell River Storm says make some noise for healthcare workers

Car horns, pots and pans, applause and yelling all encouraged

COVID-19: Isolation exemptions to frontline workers a danger to patients, say Island Health employees

Staff exempt from self-isolation upon return from international travel according to Island Health

B.C. is seeing the highest rate of COVID-19 recovery in Canada, and there’s a few reasons why

British Columbia was one of the first to see rise in COVID-19 cases, and has also switched up testing

Campbell River grocers working to provide essential service

Ongoing list of hours and details about local grocery stores

B.C. Ferries passengers staying away, as asked, during COVID-19 pandemic

Ferry corporation says ridership down 70-80 per cent over the last week and a half

Sewers stitch masks to free up supplies for front-line health-care workers

“We have little old ladies sewing up a storm,” said Joan Davis

Experts weigh in on best handling of groceries during COVID-19 pandemic

Study suggests the virus can live for up to 24 hours on cardboard and up to three days on plastic

COVID-19 world update: Enforceable quarantine in NYC?; France orders 1 billion masks

Spain warns EU’s future at stake; New York governor calls Trump’s idea ‘federal declaration of war

Duncan man asks community to donate RVs to essential workers in need of quarantine

Ryan Oakley creates a Facebook group to help coordinate the effort

Earth Hour 2020 kicks off online Saturday night

Action moves online due to COVID-19

Most Read