Thread: Lawsuit Launched-Kicking Horse Lost Skiers

It really sucks that his wife died, but is this guy serious? are the rules/laws in Canada different?

Does backcountry not mean ski/enter at your risk, and the resort is no longer responsible for you? I thought that rule was pretty much standard everywhere. Once you leave resort boundary lines, you are on your own? Is this not true in Canada?

It's sad to hear, and I hope something like that never happens to me, and I never end up (or put anyone else) in a situation like this, but based on what I've read in that article, and what everyone else has been saying, it sounds like the only one at fault is him. Why not stay near your SOS signs or try to clearly mark your trail or backtrack?

"Blackburn's lawyer, Nancy Wilhelm-Morden, said her client wants to make sure no one ever has to go through a similar ordeal.
"What Mr. Blackburn wishes to happen as a result of these lawsuits is that the protocols in place are revamped so that nothing like this happens to anybody again.""

What are they supposed to do? Teach people how to read? I thought that's what the trail signs were for?

He killed his wife. Either intentionally, or through negligent stupidity.

Originally Posted by doughboyshredder

He killed his wife. Either intentionally, or through negligent stupidity.

Unfortunately, this is how I feel as well. He followed a skin track that left the resort, without knowing where it led. He got them somewhere he did not want to be. He, for whatever reason, decided not to TURN AROUND AND FOLLOW THEIR TRACKS BACK TO THE RESORT. Instead they continued to walk around in circles for seven days. His girlfriend died. I'm sorry for that.

He continued to wander for another two days, when he was found.





This guy survived for nine days in the wilderness with no food or water or shelter. It would be impressive if Les Stroud survived that much time out there, and he's an expert.

Just to correct a point, the SOS's he left were not visible from the air other than the last one that got him rescued. They were found by a off duty guide out touring on his own. He reported them, the " strange tracks" in to the heli operator who then in turn reported it to resort. Resort did a few minor things. Didn't get to RCMP for quite afew days. They admit that they once notified could have acted sooner.

They did spent a lot of time going up the drainage. If they had gone downhill they may have gotten themselves out. Not easy as its a pretty tight valley bottom. Or tried harder to go back up the hill to the resort. That is hindsight of course.

Obviously, none of us knows all the facts. And of course, it's unlikely that the lawsuit will mean we know all of the facts either. And the boundary issue -- assuming it was reported correctly -- smells like bullshit.

But I have one point to make.

Originally Posted by cramer

But not searching after seeing SOS signs is about as stupid as his ass getting lost.

Assuming that's what happened, the difference is that those who didn't search were supposed to do so as part of their jobs. I don't know Canadian law on these issues, but generally speaking, the law treats amateur stupidity differently than professional stupidity.

Old thread revival as their was no verdict posted. As an update, judge told Gilles that if he hadn't have made the first decision to "duck the rope" none of the other stuff would have been encountered. Good on you legal system, finally holding someone accountable for their actions. FWIW you can see the light at the top of the restaurant from where he went down the ski hill. Personally, I think he did a good job getting rid of his wife. I wonder what the life insurance pay out was like for him?

Just to follow up some of the comments in here regarding intentional death of the wife and rebuttals to that. I saw an interview with the guy about a week after he was found. Something was very wrong. He didn't seem that broken up...... even smiled and cracked some feeble jokes. Didn't come off very traumatized to me. I really do wonder about how 'accidental' it all was. Certainly the judge did the right thing.

Originally Posted by L7

Just to follow up some of the comments in here regarding intentional death of the wife and rebuttals to that. I saw an interview with the guy about a week after he was found. Something was very wrong. He didn't seem that broken up...... even smiled and cracked some feeble jokes. Didn't come off very traumatized to me. I really do wonder about how 'accidental' it all was. Certainly the judge did the right thing.

I've always felt that he "engineered" his wife's death. He might not have hit her with a shovel, but I believe he did everything he could to keep from getting found until she died.

I think that the RCMP should have retraced his route once the snow melted to see if he had buried any garbage, to see if he was lying about how much food he had really taken out with him.

All they had to do was turn around and walk back the way they came. That's all. That would have saved her life.

Originally Posted by goldenshowers

As an update, judge told Gilles that if he hadn't have made the first decision to "duck the rope" none of the other stuff would have been encountered. Good on you legal system, finally holding someone accountable for their actions.

Finally. That was a fucking stupid couple of days. I was living in Mary's that year and kept getting family and friends asking why SAR, the RCMP and KH had done such a shitty job. Probably because this asshole had no intention of coming back. Over the backside with no gear for self extraction? Give me a break.

Last march I spent most of a day skiing with the RCMP member who went in & did the recovery ,to me it sounded like the perfect storm of shit going wrong

along with a lot of other stuff that went wrong he sez they would stamp the SOS in the snow & keep moving so they were never where the SOS was and pointed out that kids stamp messages in the snow all the time,he recovered the body very close to a lift and NOBODY in the media has ever got the facts of the story right but the version in OUTSIDE mag is the closest .

Buddy was home to visit the folks I met him on the chair we did a bunch of runs I didnt realize he was a cop at 1st ... almost pulled out a reefer

I hereby nominate this person for a Darwin award. It's too bad his wife died instead of removing himself from the gene pool.

[Disclaimer- I am NOT familiar with the facts of this case...]

1. I skied at Kicking Horse for a week last winter and it's perfectly clear (signs, ropes, etc) when you are leaving the resort boundary.

2. It's really too bad that the guys wife died. Condolences are always in order for tragedy.

3. On the other hand, I think it's incredibly bold for this guy to litigate. Is there a law in Canada saying that everyone has a right to be rescued? It sucks that he wasn't rescued, but when you go into the backcountry, you need to be willing to accept the consequences. Perhaps he thinks that the lawsuit will do some good? Or is he just after money... If money is his motive, there is no greater shame that he could bring in his wife's memory.

Did they go past a sign like this?

Well, There's The Problem...

The sign sez "Rescues can be costly"
not
"Don't expect to be rescued if you fuck up and/or get lost."

How could this poor guy know?

No water? What about all that snow? And if there are trees, there's plenty of "food" around. I know some are impressed that he made it nine days (although his wife didn't), but either way, he obviously sucked at "surviving." It would seem that if one ventures off-piste, they should have SOME know-how of these sorts of things. And you guys call us Texans, "JONGS." This tard was from Quebec! Irony, eh?

I don't remember seeing the "rescues are costly" bit on any signs up here so it would have been a similar sign but not exactly the same ...assuming that sign is from a colorado hill ?

It actualy was not very cold compared to what it could have been still 9 days is a long time to wander around lost/disoriented /wet even tho the lift was right there

If we are to believe buddy the cop nobody knows the real story of all the errors & events that went down with the victims the RCMP the SAR which culminated in a dead person

I think that woudl come out in the case or a coroner's inquest


you are from texas and you said eh ...wtf is with that eh?

He is from Quebec, maybe he couldn't read the signs written in english...or maybe he is just a tool bag who should be embarassed to clog up the court system with his ass clown actions

Every resort boundary I have ever seen has big signs telling you exactly where you are going. Something along the lines of "Ski area boundary, past this boundary there is not patrolled, you are skiing at your own risk".

He was in over his head and paid the price. It's not the ski areas responsibility to go and find him out in the BC. They probably should have gone and checked it out because it's human nature to feel like you should, but they were in no way obligated to do so.

Law suits because people got themselves into a shitty situation on their own accord piss me off.

Originally Posted by goldenshowers

Old thread revival as their was no verdict posted. As an update, judge told Gilles that if he hadn't have made the first decision to "duck the rope" none of the other stuff would have been encountered. Good on you legal system, finally holding someone accountable for their actions. FWIW you can see the light at the top of the restaurant from where he went down the ski hill. Personally, I think he did a good job getting rid of his wife. I wonder what the life insurance pay out was like for him?

\
Is there a source for this? Local paper etc?

wait, he wandered around in circles for a week?
How the fuck did he survive? Did he eat his wife?
EDIT: ok, I found an old article. For some reason, I though they were lost for a day or two.
I'd say, someone people need to be fired and that's it. You can't sue for getting lost. YOUR OWN ASS is the one to blame when shit like that happens. Sure, there are SAR services, but you are your own first responder as long as you're conscious.

That is indeed a Colorado sign. Unless you duck a rope they are posted at all backcountry access gates, hard to miss but as many on this board know kids/punters/gapers/newbies/idiots and lots of no pack no skills wannabees slide right past them all day every day...

A week is a long time that close to skin tracks, huts, resort lights, but we were not there.

RIP wife.

They obviously never watched Survivorman.. you draw an arrow in the direction of travel when you leave a camp, or in this case SOS in the snow.

And all the talk of murder by following around an idiot does seem plausible to me.. crossing skin tracks..

Originally Posted by AustinFromSA

No water? What about all that snow?

Snow does NOT = water in a (sub 32 degree)survival situation. What, are you from Texas?

Originally Posted by rideit

Snow does NOT = water in a (sub 32 degree)survival situation. What, are you from Texas?

In a survival situation, you can melt it with your own body heat first, to avoid lowering your body temperature from eating it. Collecting it can be a challenge, though. So yes, snow IS a source of water. It's slow to procure, as it's not very dense (like 5% actual h20) but it works. I was USAF aircrew for 6 years, and thus had to go through survival training in the mountains of Washington, and did some arctic and desert survival training as well. Spent way too much time in the mountains of Afghanistan, Kyrgyzstan, Russia, dabbled in Uzbekistan. Spent a lot of time in AK, too. I may be from Texas, but I'm more experienced with this shit than you'd think.

However, if you are borderline hypothermic, it would not be smart to use 'body heat' to 'melt' snow. Especially if you had no vessel for it, just your hands. I was just ribbin' ya about texas, please go get some Migas at rosies for me on Airport, would ya?