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

Windstorm topples tree onto townhouse in Nanaimo

Heavy winds have thousands of B.C. Hydro customers without power

Lantzville council approves financial plan, property tax increase of 5.6-per cent

Councillors to vote in the new year on motion to lower property tax increase

Coast Bastion Hotel, union reach tentative deal

Deal between hotel chain and union representing Nanaimo workers reached early Friday

UPDATE: Winds knocking out power across the Nanaimo region

More than 12,000 residences affected across B.C. Hydro’s Vancouver Island North area

Nanaimo city council starts pitching ideas for Island-wide debate

Councillors begin brainstorming Association of Vancouver Island and Coastal Communities resolutions

VIDEO: Royals reveal the images on their Christmas cards

Prince William and his wife Kate are shown outside in casual clothes, their three young children in tow

Beefs & Bouquets, Dec. 13

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail bulletinboard@nanaimobulletin.com

Nanaimo city council will reconsider waterfront walkway plan

Project included in financial plan but councillors want to examine scope and timelines

Media, robotics, Indigenous studies coming to B.C. Grade 12 classrooms in 2019-20

Provincial tests are also being changed for students in Grade 10 to 12, the Education Ministry said

ICBC to apply for 6.3% hike to basic insurance rates

Crown Corporation said it will be submitting its next basic rate application to the British Columbia Utilities Commission Friday

Stranded B.C. trucker writes final wishes before being rescued 3 days later

‘I was just praying someone would come along’

Canfor Corp. extending temporary curtailment of sawmills in B.C.; cutting hours

Vancouver-based company says the decision is due to declining lumber prices, high log costs and log supply constraints

Canada’s prospective world junior team members await final roster decisions

Thirty-four players were invited to the national junior selection camp

Woman guilty of impaired driving in death of Vancouver Island pedestrian

Man in his 70s killed in 2016 Courtenay multi-vehicle incident

Most Read