An Australian man who was rendered quadriplegic after a fall in Grouse Mountain’s snowboard park in 2016 will be able to sue the mountain after all.

It comes after the B.C. Court of Appeal overturned a decision by the B.C. Supreme Court that summarily dismissed his lawsuit last June. The allegations in the case have never been tested in court.

In a judgment published on Wednesday, the three-judge panel ruled that the lower court judge had incorrectly tossed the case.

Jason Apps had argued that the mountain was negligent in designing the snowboard terrain park, had breached the Occupier’s Liability Act and had failed to warn of the risk for serious injury.

In its decision to dismiss the case, the Supreme Court judge accepted Grouse Mountain’s arguments that there was adequate signage warning Apps of his rights and the risks of snowboarding.

It also accepted the argument that Apps, an employee at Whistler resort who worked with waivers, would have known his rights.

But the court of appeal found problems with both of those arguments.

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