B.C. climber was 'catapulted into the air,' he says in lawsuit against mountain guide group

Mount Rogers and Swiss Peak at Rogers Pass Glacier National Park (shutterstock.com)

VANCOUVER -

A B.C. man is suing a group of guides following what his lawyers call a "near-fatal incident" during a guided mountaineering trip.

Ian Manson is taking both the guide he hired through Revelstoke Alpine School Inc. and the Association of Canadian Mountain Guides to court over what happened on a trip in July.

In a news release, his legal team outlines what its 63-year-old client says happened. CTV News reached out to the ACMG for its side of the story, but the association said it would not be commenting, as the matter is before the courts.

CTV News also reached out to Revelstoke Alpine School, but was told, as with ACMG, that the guide and school will not be commenting as the case is before the courts.

None of the allegations has been proven in court, and the defendants have not yet filed a response.

Represented by MacKenzie Fujisawa LLP, Manson said through his lawyers that he was being belayed up the face of a mountain in B.C.'s Glacier National Park at an elevation of about 3,000 metres, when his guide's actions caused a rock to fall.

Manson said the guide was testing the stability of a "fridge-sized rock" on Mount Rogers, which then fell towards the climber.

According to his lawyers, who filed the notice of civil claim with the B.C. Supreme Court in Vancouver on Tuesday, Manson wasn't directly hit but was grazed in the head. They say the guide let go of the rope, and as Manson lost his balance, he fell backwards at least seven metres, the suit claims.

"As the client fell, the rope paid out to its full length and then went tight pulling the guide off his belay stance, catapulting him into the air and down the face of the mountain," his lawyers said.

He landed on a ledge below. The notice of civil claim says the force of the fall and the tightening of the rope also caused the guide to fall, and the climber was able to grab the rope in an attempt to "change the arc of the guide's fall."

What happened then, according to Manson's lawyers, was the guide struck the rockface below the client. The client was able to stay on the ledge, and successfully stopped the guide's fall, his lawyers say.

Both were rescued from their positions on the mountain by long-line from a helicopter provided by Parks Canada's search and rescue team.

Their client was injured, they say, and is seeking an unspecified amount of money in general damages, special damages and costs. The injuries, as outlined in the lawsuit, were "loss of skin" and rope burns to Manson's hands, arms and torso, lacerations to the same areas and his right leg and hematoma to his right leg.

His lawyers claim he's suffered psychological injuries including post-traumatic stress disorder, and "further and other injuries as yet to be determined."

The extent of his guide's injuries was not mentioned in the lawsuit.

According to his law firm, the notice of claim alleges the guide and his company were negligent, summarizing what happened as follows: "When (the guide) called out 'on-belay' and the plaintiff responded by calling back 'climbing,' there formed an ancillary agreement between (the guide) and the plaintiff whereby (the guide) became immediately responsible for securing the safety of the plaintiff while climbing up the particular pitch on belay. (The guide) broke this agreement when he let go of the rope, letting the plaintiff fall, wantonly and recklessly putting the plaintiff in mortal peril."

Manson alleges breach of contract as well, saying the guide and the school owed him a duty of care.

He blames the association that provides accreditation for guides as well, saying it breached the duty of care by among other allegations listed, failing to properly certify and train its members.