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

Delta launches online engagement portal

“Let’s Talk Delta” offers variety of feedback methods including surveys, polls, forums and Q&A boards

Story of ‘A Mother’s Journey to Adoption’ told in book by first-time Surrey author

In the 1990s, Raj Arneja and husband Gurpreet adopted two children in India

Heritage rail to remain closed for both July and August

Fraser Valley Heritage Rail Society may open Cloverdale Station in September

Surrey council to consider a $150 FOI fee for attendance requests at city facilities

This is expected to come before council during tonight’s council meeting, on Monday July 13.

Proposed White Rock development a ‘nightmare’ for Elm Street neighbours

Density, traffic, loss of views among chief concerns of residents

B.C. records 62 new COVID-19 cases, two deaths since Friday

Province has just over 200 active cases

Hotel rooms for B.C. homeless too hasty, NDP government told

Businesses forced out, but crime goes down, minister says

Wage subsidy will be extended until December amid post-COVID reopening: Trudeau

Trudeau said the extension will ‘give greater certainty and support to businesses’

B.C. government prepares for COVID-19 economic recovery efforts

New measures after July consultation, Carole James says

COVID-19 exposure on Vancouver flight

The Air Canada 8421 flight travelled from Kelowna to Vancouver on July 6

Double homicide investigation leads Vancouver police to Chilliwack

A VPD forensics unit was in Chilliwack Saturday collecting evidence connected to East Van murders

VIDEO: Former Abbotsford resident giving away $1,000

Langley native Alex Johnson creates elaborate treasure hunt to give away cash

Tree planters get help with COVID-19 protective measures

Ottawa funds extra transportation, sanitizing for crews

UPDATE: Abbotsford shooting victim was alleged ‘crime boss,’ according to court documents

Jazzy Sran, 43, was believed to have been smuggling cocaine across the border

Most Read