Coady v. Burton Canada Co. et al. 2012 NSSC 257
Practice - Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate
The plaintiff, a 21 year old male, went to the Wentworth Valley Ski Resort to snowboard. Burton Canada Co., a manufacturer, distributor and retailer of snowboards, had a promotional booth at Wentworth, which was offering snowboarders trial runs on its snowboards and free high-caffeine energy drinks. The plaintiff took Burton up on its offer. After a few runs down the regular ski hills, the plaintiff decided to enter the “Terrain Park”. On his first approach to the first feature, a barrel jib, he fell in the icy snow conditions. He suffered a serious fracture of the C-5 vertebrae, with damage to the spinal cord, resulting in partial paralysis. The plaintiff sued Burton and the owner of the ski resort, Wentworth Valley Developments Ltd., for damages for negligence. Burton and Wentworth applied for summary judgment on the evidence (Civil Procedure Rules, 2009, rule 13.04).
The Nova Scotia Supreme Court discussed the application of rule 13.04 (new rule) and dismissed both applications for summary judgment. The plaintiff was awarded costs of the motions, payable forthwith.