Knowledge Centre

Park v. Zealandia B.P.O. Elks Inc., 2004 SKCA 22: Plaintiff’s claim for unsafe snowmobile trail dismissed

Gregory Thompson and Kevin Smith
May 2005 McKercher LLP, Saskatchewan

The Plaintiff had been rendered a paraplegic as a result of a snowmobile accident. He was participating in a poker derby organized by the Defendant, Elks Club.  The Plaintiff asserted that the Defendant had been negligent in not setting out a safe trail which allegedly caused the Plaintiff’s accident.  The Plaintiff’s claim was  dismissed at trial with costs as it was held that the Plaintiff was responsible for his own injuries, significant as they were. Park v. Zealandia B.P.O. Elks Inc., 2001 SKQB 299 upheld on appeal Park v. Zealandia B.P.O. Elks Inc., 2004 SKCA 22.

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