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

Bus rider who travelled to Golden tests positive for COVID-19

The passenger travelled from Calgary to Golden on March 15

Easter bunny to send ambassador to Golden for weekend drive-by

The Easter bunny will be sending his emissary, Egglebert Bunny, to celebrate Easter with Golden

Frustrated MLA begs out of province visitors to stay home

Columbia River Revelstoke MLA Doug Clovechok doesn’t understand why people aren’t listening to good advice

Golden Facebook group attracts 400 volunteers looking to help during COVID-19

The group, which was created on March 15, has already amassed over 400 volunteers

Golden Rockets’ Turner commits to University of Victoria

The 20 year old had 16 goals in 31 regular season games this season

COVID-19: 4 new deaths, 25 new cases but only in Vancouver Coastal, Fraser Health

A total of 1,291 people have tested positive for the novel coronavirus

Blasting through the West Kootenay

80 years ago; ‘Pretty near all the people from Fruitvale were working on it’

COVID-19: Don’t get away for Easter weekend, Dr. Bonnie Henry warns

John Horgan, Adrian Dix call 130 faith leaders as holidays approach

COVID-19: Trudeau says 30K ventilators on the way; 3.6M Canadians claim benefits

Canada has seen more than 17,000 cases and at least 345 deaths due to COVID-19

RCMP call on kids to name latest foal recruits

The baby horses names are to start with the letter ‘S’

As Canadians return home amid pandemic, border crossings dip to just 5% of usual traffic

Non-commercial land crossing dipped by 95%, air travel dropped by 96 per cent, according to the CBSA

Logan Boulet Effect: Green Shirt Day calls on Canadians to become organ donors

While social distancing, the day also honours the 16 lives lost in the 2018 Humboldt Broncos Crash

COMMENTARY: Knowing where COVID-19 cases are does not protect you

Dr. Bonnie Henry explains why B.C. withholds community names

Most Read