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

New electric buses are coming to school districts. (Submitted photo)
New electric school buses will drive North Island forward

Travel on electric school buses is smoother, quieter, and healthier than traditional diesel buses

Destroyed window at Ministry of Social Development offices in Campbell River. Photo supplied by Campbell River RCMP
Police investigating arson in downtown Campbell River

Fire set at BC Employment and Assistance Office

May 3-9 was Mental Health Week, and the Campbell River RCMP is encouraging people, especially men, to seek emotional help if it’s needed. Black Press file photo
Campbell River RCMP encouraging men to seek emotional help if needed

‘Taking care of our Mental Health is not simply about accessing counselling,’ says Const. Maury Tyre

Campbell River’s waste collection schedule will be changing after Victoria Day. Photo by Marc Kitteringham, Campbell River Mirror.
Campbell River Garbage pickup schedule changing after May Long Weekend

Pickup day will change after every statutory holiday

A B.C. Centre for Disease Control map showing new COVID-19 cases by local health area for the week of April 25-May 1. (BCCDC image)
Vancouver Island’s COVID-19 case counts continue to trend down

Fewer than 200 active cases on the Island, down from highs of 500-plus earlier this spring

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
B.C. to start releasing neighbourhood-specific COVID numbers after data leak

Documents obtained by the Vancouver Sun show cases broken down by neighbourhoods

Ladysmith RCMP safely escorted the black bear to the woods near Ladysmith Cemetary. (Town of Ladysmith/Facebook photo)
Black bear tranquillized, relocated after wandering around residential Ladysmith

A juvenile black bear was spotted near 2nd Avenue earlier Friday morning

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix update B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 case count creeps up, seven more deaths

445 people in hospital, 157 in intensive care

Summerland’s positive test rate is much higher than surrounding local health areas, according to internal BC CDC documents. (BC CDC)
Summerland 3rd behind Surrey, Abbotsford in daily per capita COVID-19 cases

Interior Health is rolling out additional vaccine availability to the community

Amazon is pausing its Prime Day marketing event in Canada this year amid ongoing COVID-19 outbreaks at its facilities in Ontario. THE CANADIAN PRESS/Nathan Denette
Amazon Prime Day halted in Canada due to COVID-19 outbreaks in warehouses

The event was postponed to protect the health and safety of employees and customers, the company says

Ally Thomas, 12, seen in an undated family handout photo, died on April 14 from a suspected overdose. Her family says they are frustrated more public supports weren't available when they tried to get her help. THE CANADIAN PRESS
Minister says suspected overdose death of 12-year-old pushing B.C. to ‘do better’

Minister Sheila Malcolmson of Mental Health and Addictions says the government is working ‘as hard as we can’ to build a system of care for youths

At this Highway 3 check point, police officers will be asking for identification from drivers, documentation regarding the driver’s name and address, and the purpose for the driver’s travel. (RCMP)
No fines handed out at 1st COVID-19 roadblock as checks move across B.C.

Cpl. Chris Manseau says a total of 127 vehicles were stopped at a roadblock in the Manning Park area

A spectator looks on as the Olympic Caldron is relit in downtown Vancouver, Wednesday, February 12, 2020. THE CANADIAN PRESS/Jonathan Hayward
Small majority of B.C. residents in favour of a Vancouver 2030 Olympic bid: survey

A new survey shows a split over the possibility of public money being spent to organize and host the winter games

Most Read