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

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

Dastkar, a new furniture store in Vernon, features handmade, unique furniture carved from wood and inlaid with brass in the Chiniot style. The business located on 43rd Avenue was started in December 2020 but is currently unstaffed due to COVID-19 staffing shortages. (Brendan Shykora - Morning Star)
PHOTOS: Vernon’s hidden handmade furniture store

Owners of Shahi Pakwan Indian restaurant opened the South Asian furniture store in December 2020

Vernon’s Heron Grove retirement facility. (Good Samaritan Society photo)
Resident of Vernon’s Heron Grove retirement home tests positive for COVID-19

Interior Health has not declared an outbreak at the facility

(Vernon Search and Rescue/Facebook)
Vernon Search and Rescue responds after family gets UTV stuck on SilverStar trails

The family activated their SOS beacon around 3 p.m. once they realized they could be facing a night alone in the mountains

The organizer of a Kelowna protest against COVID-19 restrictions was fined by the RCMP for the third time Saturday, Jan. 16, 2021. (File photo)
COVID-19: Organizer of Kelowna anti-restriction protest ticketed for third time

The individual’s latest ticket for $2,300 was handed out by RCMP at an anti-lockdown rally Saturday

Mount Boucherie Secondary School is one of three Kelowna schools with confirmed cases of COVID-19, according to an update from the school district Saturday, Jan. 16, 2021. (File photo)
COVID-19 confirmed at 3 Kelowna schools

Interior Health has confirmed exposures at Mount Boucherie, Springvalley and South Rutland schools

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

A 17-year-old snowmobiler used his backcountry survival sense in preparation to spend the night on the mountain near 100 Mile House Saturday, Jan. 16, 2021 after getting lost. (South Cariboo Search and Rescue Facebook photo)
Teen praised for backcountry survival skills after getting lost in B.C.’s Cariboo mountains

“This young man did everything right after things went wrong.”

Conservative Leader Erin O’Toole holds a press conference on Parliament Hill, in Ottawa on December 10, 2020. THE CANADIAN PRESS/Sean Kilpatrick
No place for ‘far right’ in Conservative Party, Erin O’Toole says

O’Toole condemned the Capitol attack as ‘horrifying’ and sought to distance himself and the Tories from Trumpism

A passer by walks in High Park, in Toronto, Thursday, Jan. 14, 2021. This workweek will kick off with what’s fabled to be the most depressing day of the year, during one of the darkest eras in recent history. THE CANADIAN PRESS/Chris Young
‘Blue Monday’ getting you down? Exercise may be the cure, say experts

Many jurisdictions are tightening restrictions to curb soaring COVID-19 case counts

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19: Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Anita Anand said she understands and shares Canadians’ concerns about the drug company’s decision

Tourists take photographs outside the British Columbia Legislature in Victoria, B.C., on Friday August 26, 2011. A coalition of British Columbia tourism industry groups is urging the provincial government to not pursue plans to ban domestic travel to fight the spread of COVID-19. THE CANADIAN PRESS/Darryl Dyck
B.C. travel ban will harm struggling tourism sector, says industry coalition

B.C. government would have to show evidence a travel ban is necessary

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

Half of the most expensive homes are on 2080 Mackenzie Crt, which is across the street from Revelstoke Mountain Resort. (Liam Harrap/Revelstoke Review)
The 10 most valuable homes in Revelstoke for 2020

Combined, the properties are worth more than $35M

Lake Country native Evan-Riley Brown is in the cast for the new film Journey To Royal: A WW II Rescue Mission to be released on video on demand and streaming services on Feb. 2. (Contributed)
Okanagan actor lands role in WW II movie

Evan-Riley Brown, from Lake Country, cast in production labelled as hybrid of a feature film and documentary called Journey To Royal: a WW II Rescue Mission.

Most Read