Widow of man killed by guide in B.C. grizzly hunt wins court skirmish

VANCOUVER — The wife of a Washington state man who was killed during a guided grizzly bear hunt in B.C. has won a preliminary court skirmish in her bid to get compensation for the death of her husband.

On May 26, 2014, Jeffrey Cooper, an avid and experienced recreational hunter, was accidentally shot and killed by a guide during a hunt near Burns Lake.

Shirley Cooper, Jeffrey’s widow, filed a lawsuit in B.C. Supreme Court alleging that the defendants, including the guide company, were negligent in her husband’s death.

Jeffrey Cooper went on the 2014 hunt after Wistaria Guiding offered him the hunt free of charge. In 2013, Cooper had participated in an unsuccessful grizzly hunt with the company.

The main issue at the preliminary court hearing was whether a waiver signed by Cooper for the 2013 hunt applied to the 2014 hunt in which he was killed. Cooper was not presented with a waiver to sign for the 2014 hunt.

If the 2013 waiver applied to the accident, the legal action filed by Shirley Cooper would be dismissed. If not, the remaining liability issues and damage assessment could proceed to a full trial.

The guide company argued that the 2014 hunt was a continuation of the 2013 hunt and constituted a single excursion.

Lawyers for Cooper’s wife argued that each expedition involved a contract for specific activities on specific dates.

Shirley Cooper’s lawyer claimed that when the liability release agreement was signed, Cooper did not expect or contemplate a further hunt in 2014 to which the waiver would apply.

In his ruling in the case, B.C. Supreme Court Justice Nigel Kent accepted the latter argument: “I have no hesitation in concluding that the grizzly hunt in May 2014 was a separate and distinct excursion.”