Ortega v. Burley
Victor Ortega, Mila Ortega, an Infant by her Litigation Guardian Victor Ortega
Law Firm / Organization
Wishart Brain & Spine Law LLP
Lawyer(s)

Robyn Wishart

Alejandro Anthony Coto, an Infant by his Litigation Guardian Michael Coto
Law Firm / Organization
Wishart Brain & Spine Law LLP
Lawyer(s)

Robyn Wishart

Maria Eugenia Otalora, Erain Ebuardo Sanchez, and Michael Coto as all person entitled to advance a claim arising from the death of Carolina Sanchez, Deceased
Law Firm / Organization
Wishart Brain & Spine Law LLP
Lawyer(s)

Robyn Wishart

Robert Luke Burley dba Rocky Mountain Riders Snowmobile Tours and Rentals and also dba Rocky Mountain Riders Rentals
Law Firm / Organization
QA Law
Lawyer(s)

Jonathan Corbett

Raymond Jake Burley dba Rocky Mountain Riders Rentals
Law Firm / Organization
Unrepresented
Fairmont Hotels Inc. Hotels Fairmont Inc. dba The Fairmont Chateau Lake Louise
Law Firm / Organization
Alexander Holburn Beaudin + Lang LLP
Lawyer(s)

Jennifer O'Leary

Christopher De Sousa
Law Firm / Organization
Unrepresented
Kicking Horse Mountain Development Corporation, dba Kicking Horse Mountain Resort Limited Partnership
Law Firm / Organization
Unrepresented
John/Jane Doe 1
Law Firm / Organization
Unrepresented
John/Jane Doe 2
Law Firm / Organization
Unrepresented
John/Jane Doe 3
Law Firm / Organization
Unrepresented
White N Wild Snowmobile Tours Ltd.
Law Firm / Organization
Unrepresented
His Majesty The King In Right of the Province of British Columbia as represented by The Attorney General of British Columbia
Law Firm / Organization
Unrepresented

Background: On March 28, 2018, the Ortega family from Florida joined a snowmobiling tour in Golden, British Columbia, led by Robert Luke Burley, doing business as Rocky Mountain Riders. During the tour, participant Carolina Sanchez died in an accident, leading to a lawsuit against multiple defendants including Robert Luke Burley, Raymond Jake Burley, and Fairmont Hotels Inc. The plaintiffs alleged negligence in how the tour was operated and supervised.

Legal Issues:

  • Negligence: The plaintiffs claimed the tour operators did not provide sufficient instruction and supervision, contributing to the fatal accident.
  • Enforceability of Waivers: A key issue was whether the waivers, which participants signed to exempt the operators from liability, were legally enforceable.
  • Family Compensation Act Claims: The plaintiffs sought damages under this act for the wrongful death of Carolina Sanchez.

Court Ruling: The court allowed an amendment of pleadings to include the waivers as a defense. This decision recognized the importance of determining whether the waivers were binding, which was crucial for resolving the core issues at trial.

Costs/Damages: The document does not specify the total amount of costs or damages awarded. It mentions that costs related to the amendment application will be assessed at the end of the trial, without providing a judgment on final damages or costs.

Supreme Court of British Columbia
S188751
Tort law
Other