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Trial date set for rope swing lawsuit

Council news: third quarter report and sign bylaw revisions on the table



Whistler could be going to trial next year over a rope swing accident at the Meadow Park pool more than two years ago.

A trial date has now been set to hear Carol Ann Crichton's case against the Resort Municipality of Whistler (RMOW).

In the RMOW's response to Crichton's notice of civil claim, filed in the Supreme Court of British Columbia in May, it "denies the accident occurred as alleged or at all and puts the Plaintiff to the strict proof thereof."

Crichton, described in court documents as an executive director in Vancouver, claims to have suffered physical injury, loss and damages, after jumping into the pool from the rope swing in mid July 2011.

Her feet hit the bottom of the pool, she claims, as a result of negligence from the municipality and/or breach of statutory duty of the municipality.

In response, Whistler's lawyer with the Municipal Insurance Association of British Columbia, stated: "The municipality denies that it or any of its employees, servants or agents were negligent or breached any duty of care, statutory or otherwise."

Instead, Crichton failed to "take sufficient care when she knew or ought to have known that caution was warranted," among other things.

Crichton is looking for relief or compensation for general damages, special damages, and costs, as a result of her injuries to her feet, ankles, hips and back, all of which have caused pain, suffering, loss of enjoyment of life, loss of earnings and earning capacity.

Whistler opposes the granting of relief.

The trial date has been set for Oct. 30, 2014.

Transit and rec revenues trailing in third quarter

Revenues from transit and the Meadow Park Sports Centre are a little less than expected for this time of year, according to the municipality's director of finance.

Ken Roggeman highlighted the lagging revenues as part of Whistler's third quarter financial report at the last council meeting on Nov. 19.

"Those are the two that come most to mind," said Roggeman in response to a question from council, wondering if any revenues were trailing in the overall municipal operations.

Roggeman added: "However, they tend to have seasonal variances.

"Overall, I still feel relatively comfortable."

The report shows transit revenues are at $1.8 million as of Sept. 30 out of the annual budget of $3.8 million — 47 per cent.

The notes in the report state: "Approximately one quarter of budgeted transit revenue is funding from AHRT (Additional Hotel Room Tax) and will be accounted for at the end of the fiscal year. In addition, a larger proportion of transit revenues are earned in the first and fourth quarter of the fiscal year."

At the Meadow Park Sports Centre, revenues are at $1.07 million out of the annual budget of $1.5 million — 70 per cent.


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