Guided adventures in the mountains could get a lot tamer if a lawsuit against the Canmore-based Association of Canadian Mountain Guides (ACMG) is successful.
In November 2021, Ian Manson of Whistler, BC, filed a civil claim against the ACMG, mountain guide Jeffrey Mitchell and the Revelstoke Alpine School.
Manson, 63, injured his hands, arms, torso and right leg in an accident while being guided by Mitchell on Mount Rogers in Glacier National Park in July of 2021.
Both men were hurt and evacuated by helicopter from the mountain face by a Parks Canada rescue team.
In a 13-page notice filed on Manson’s behalf by the Vancouver-based law firm MacKenzie Fujisawa LLP, the civil claim alleges, “The injuries, loss and damages of the plaintiff arising out of the incident were caused by the breach of contract of Mitchell and/of Alpine School and/or negligence of the defendants.”
Manson, an international tax consultant, is seeking costs and damages.
Like anyone on a guided trip, whether it’s whitewater rafting, mountain climbing, backcountry skiing, or other outdoor adventures, Manson signed a waiver acknowledging the inherent risk of the activity.
The civil suit hinges on Manson signing a waiver for a previously guided climb with Mitchell on Mount Begbie near Revelstoke.
The defendants argued that this waiver should apply to the Mount Rogers climb, which occurred a few weeks later.
A judge disagreed.
In May 2023, Madame Justice Hughes of the BC Supreme Court ruled that Manson’s civil suit could proceed.
In her judgment, Justice Hughes said, “The Waiver applies only to the June 18th Begbie Climb; it does not apply to the July 14–15, 2021, Mt. Rogers Expedition during which the Incident occurred. The defendants failed to make out their claim for rectification. In the result, the Waiver provides no defence to the action brought by Mr. Manson against the defendants.”
This paves the way for Manson’s legal action to be heard in court.
If he wins, it could be a game-changer.
Should Professional Associations Be On The Hook?
In a 2021 interview with the Rocky Mountain Outlook, Kevin Dumba, the Executive Director of ACMG, said client safety and risk management is the first priority of his guides.
“Risks can’t be entirely eliminated, and accidents can still happen. The fact is that the mountains are an unpredictable, dynamic environment, and there are inherent risks in mountain travel,” he said. “ACMG members are trained and assessed to the highest standards in the world with respect to risk management in mountain travel. However, it’s unreasonable for anyone to put blind trust or faith that they can be unconditionally kept safe in these environments. Risk cannot be separated from these activities without fundamentally altering the nature or essence of the activity.”
Climbing mountains requires technical skill and managing countless variables like rock quality, weather, and client fitness. Accidents happen to even the most skilled and experienced alpinists.
When people tread into dangerous mountain terrain independently, they assume the risk.
But when someone pays a professional to guide them in this terrain, the relationship to risk changes.
Christopher Watson of MacKenzie Fujisawa LLP said this is an important lawsuit. He hopes the case will put guide’s duty of care and the ACMG’s incident response procedures under the microscope.
“Most of these cases are dismissed before trial or during trial,” Watson explained. “This one is important because Mr. Manson did not sign a waiver. This is a unique opportunity to shine a light not only on the standard of care that should be expected of mountain guides and the ACMG but also the aftermath of guide-led incidents when it comes to the internal investigations that follow.”
The ACMG was formed in 1963. It is a self-regulating non-profit with an elected volunteer board and 1400 members. When something involving one of its members goes sideways, typically, the ACMG investigates itself.
The Alberta-based organization has been criticized in the past for lack of accountability and transparency following guide-involved accidents that result in death or injury.
In 2016, one man was killed and others injured when an avalanche struck their guided group in the mountains near Golden.
His widow and the survivors were unhappy with how the ACMG handled the aftermath.
They formed Backcountry Safe to pressure the ACMG to improve how it investigates accidents involving its members. The group has since been disbanded.
Needless to say, the mountain guiding community will be closely watching this case.
