A civil claim has been filed against the Regioinal District of Nanaimo at B.C. Supreme Court in Vancouver. (Tom Zytaruk/Black Press)

Mother sues RDN after her child allegedly fell more than four metres at Nanoose resort

Regional District of Nanaimo, Pacific Shores Resort deny incident occurred

The Regional District of Nanaimo has responded to a lawsuit by arguing that a child should have been more aware of his surroundings after he allegedly fell more than four metres onto a concrete stairwell.

In July 2017, Vancouver resident Nicole Marie Matson was vacationing with her family at Pacific Shores Resort at Nanoose Bay when her son, who was walking with his sister at the time, somehow fell over what “appeared to be a sidewalk” but was actually a four to six metre drop onto a concrete stairwell that led to a parking garage, according to a December 2017 civil claim filed in the Supreme Court of British Columbia in Vancouver by Matson against the RDN, Pacific Shores Enterprises Ltd., Pacific Shores Resort Centre Ltd., and Kerr Management Group Corporation.

Matson states that her son, whose age was not disclosed, suffered severe injuries including a skull fracture, concussion and subconjunctival hemorrhage as a result of the fall according to claim, which makes accusation of negligence and a failure to provide a duty of care to her son.

In her claim, Matson specifically accuses the regional district of failing to properly ensure a “proper” building code inspection occurred and that it failed to require the resort to install guard rails where her son fell.

Matson, who filed the claim on behalf of her son, is seeking an undisclosed amount of financial compensation, including health care recovery costs arguing that the fall has caused her son to experience pain, suffering and loss of enjoyment of life.

The regional district filed a response to Matson’s claim in January, denying any responsibility for the incident and denying that the incident even occurred. According to court documents obtained by the News Bulletin, while the RDN denies that the incident took place, it argues that if it did happen, it was because Matson’s son failed to pay attention to where he was walking, walked in an unsafe manner and should not have been “moving at a speed which he knew or ought to have known” was unsafe.

The RDN’s response states that it did not owe any duty of care to the Matson’s son and that their employees, servants or agents were not negligent and did not breach any duty of care. They also argue that if the area with Matson’s son fell was constructed with any deficiencies at the time inspections occurred, they were not “reasonably apparent” to a municipal building inspector.

A separate response filed by Pacific Shores Enterprises Ltd., owners of Pacific Shores Resort Centre Ltd., and obtained by the News Bulletin, also denies that Matson’s son even fell on the property. Pacific Shores’ response is similar to the regional district’s but goes one step further by arguing that even if Matson’s son did fall on their property, it was because he was walking in an area that was not intended to be used as a “walkway” or “play area” and that if he did sustain injuries, it wasn’t because of the fall but because of “previous” or “subsequent” accidents.

Kerr Management Group Corporation has not filed a response yet.

None of the allegations have been proven in court.



nicholas.pescod@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

Just Posted

BC Hockey to improve concussion care for players

BC Hockey has partnered with HeadCheck Health Inc. to establish standardization, and… Continue reading

Drug-busted building in Parksville declared a ‘nuisance property’

RCMP has attended 354 Island Hwy. West 86 times since 2007

UPDATE: 5 injured in plane crash following Abbotsford International Airshow

One in critical condition in incident involving vintage plane

UPDATED: Lawsuit filed against city by GoFundMe group against Corfield supportive housing project

Supreme Court of B.C. files show four petitioners in the lawsuit

B.C. Wildfires 2018: Thousands prepare to leave their homes at a moment’s notice

Northwest B.C. and Cariboo seeing most fire activity in province as crews battle 490 fires

A look at B.C. wildfire smoke from space

NASA provides a timelapse of smoke covering B.C. from space

Child dies in boating incident in Okanagan

A North Vancouver family was boating on Kalamalka Lake in Vernon when the incident occured

B.C. Wildfires 2018: Province calls for federal aid

More fires have burned in B.C. already this year than did in all of 2017

Kayak in Indian Arm waters off B.C.’s Deep Cove and feast on famous doughnuts

About a half hour drive from Vancouver, Deep Cove is a great kayaking spot for locals and tourists

Smokey skies across Vancouver Island expected to last until Wednesday

The province of B.C. has issued a special bulletin for all of Vancouver Island

Child, 4, attacked by cougar near Fernie

The BC Conservation Officer Service said it happened while the family was fishing

Trans Mountain pipeline protesters practise resisting police at Camp Cloud

Last week, a Supreme Court judge granted the City of Burnaby an injunction ordering protesters to remove everything from the site

Gun used in Fredericton killings is legal, man had licence

Police Chief Leanne Fitch said the long gun is commonly available for purchase, and is not a prohibited or restricted weapon

Ontario will sell pot online when legalization comes in the fall

There are further plans to have pot in private retail stores in early 2019

Most Read