Grouse Mountain Can Be Sued for Negligence B.C. Court Rules

An Australian snowboarder who landed upside down on a ski jump can now sue Grouse Mountain, according to a British Columbia court.

According to CBC, the plaintiff Jason Apps was snowboarding at Grouse Mountain Resort in Vancouver when he attempted the resort’s XL jump, but underestimated the slope and landed upside down, leading to injuries that rendered him a quadriplegic. Jason filed a lawsuit alleging the resort was negligent; however, the resort contended that they were protected by its exclusion of liability notice. 

According to the Grouse Mountain lawsuit, the plaintiff, who had enjoyed the sport since the age of 14, claims that the jumps at Grouse Mountain are too dangerous.

A lower court agreed with Grouse Mountain, which argued that the snowboarder was aware that he had signed away his right to claim negligence. The resort pointed out that it posted signs notifying patrons of the risks of skiing and snowboarding the park, as well as informing them that they waived all negligence claims by agreeing to ski at the park. In addition, the liability information is on all ski lift tickets, noted the resort.

Grouse Mountain also noted that the plaintiff worked at Whistler ski resort, handing out similar liability waivers for that snow park. The plaintiff reportedly admitted he knew he was signing a waiver of liability, but didn’t read it.

A B.C. court of appeals reportedly reversed the decision. The justice who overturned the ruling found that the warning signs, posted above the cashier, were insufficient to warn park users of the liability waiver. Likewise, the liability waiver on the ticket was insufficient.

“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,” wrote the court in its ruling. “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.”

In addition, the appeals court found that the argument that since the plaintiff handed out similar liability waivers at another ski resort was not enough to establish that he was aware of the liability waiver applicable at Grouse Mountain Resort.

“Respectfully, this is wrong in law,” noted the order, continuing to state, “only the steps Grouse Mountain took before and at the time of the issuance of the ticket can be taken into account in assessing whether Grouse Mountain took sufficient steps to give reasonable notice.”

According to the Grouse Mountain lawsuit, the plaintiff says after the ski resort incident he is now reliant on an electric wheelchair. Now he relies on help from others for most tasks, personal care, and meals. He is reportedly unable to move his hands, legs, and wrists.

The plaintiff will now be able to continue with his claims of negligence against Grouse Mountain over the construction and maintenance of the jumps.

Have you skied Grouse Mountain? Do you think the jumps are too dangerous? Do you think it’s fair to sue the resort after signing a liability waiver? Tell us your thoughts in the comment section below. 

The plaintiff is represented by Robert D. Gibbens QC.

The Grouse Mountain Negligence Lawsuit is Apps v. Grouse Mountain Resorts Ltd., Case No. CA46186, in the Court of Appeal For British Columbia, Canada.

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