Thunder Bay·CBC Investigates

Parents demand refunds after Thunder Bay, Ont., climbing gym locks doors

As a troubled local gym goes dark, some members and the landlord say they haven’t heard from the owner about the future of the business in Thunder Bay, Ont.

Boulder Bear Climbing Centre has faced multiple lawsuits, allegations of injuries

A climbing gym seen from the outside.
Multiple climbers have told CBC News they were injured at Boulder Bear Climbing Centre in Thunder Bay, Ont., and they want accountability. (Michelle Allan/CBC)

A troubled local gym appears to have gone dark, leaving some customers out hundreds of dollars and nowhere to climb indoors.The landlord says they haven't heard from the owner about the future of the business in Thunder Bay, Ont. 

CBC News spoke with two people who say they purchased memberships and classes for Boulder Bear Climbing Centre for for their children but they haven't been able to access the gym. 

A reporter went to the gym during its usual opening hours but the doors were locked. 

CBC News contacted Boulder Bear Climbing Centre and the owner, Dallas Markall, for comment.

Sabrina Sobey said the owner told her on the phone that Boulder Bear Climbing Centre was shutting down and she would not be getting a refund.

"He basically said that he was trying to sell the business, but it didn't sell, so he had to close the doors," she said. 

Sobey said she paid over $1,000 to sign her daughter up for 15 weeks of climbing classes and had at least 10 weeks left when Markall told her the gym was closing. 

"Why are we not getting a refund? It's not our fault that they're closing," she said. 

Markall told her the corporation didn't have any money and couldn't afford to give her a refund, said Sobey. 

Another parent said she was unable to reach anyone at Boulder Bear to inquire about a refund.

Amanda Trevisanutto said her teenage son, Conley, bought a three-month membership for $244 on Oct. 4 that he hasn't been able to use. 

"Ever since then, they haven't been open," said Trevisanutto. "Conley showed up to the facility a few times and the doors were locked."  

She said she has tried calling and emailing but hasn't received a response. 

"I just hope that if the owner has closed the doors, that he does the right thing and does reimburse people for the time that they purchased a membership, but were unable to use it," said Trevisanutto. 

Boulder Bear rents space from the Canadian Lakehead Exhibition (CLE). CBC  spoke with multiple board members, who confirmed the owner had not yet informed the CLE of his intentions, but that the space was leased until May 2025. 

Gym faces lawsuits, allegations of injuries

Markall has not accepted any interview requests, but in the summer the centre posted a statement on Facebook, defending its safety record, after the family of an eight-year-old complained she was injured on July 26 at the gym.

"Boulder Bear has an [impeccable] safety record and has a number of safety measures that you won't find in the majority of climbing gyms," said the gym in a statement posted on its Facebook page. The page was no longer accessible as of Aug. 6.

The Ontario Ministry of Labour, Immigration, Training and Skills Development (MLITSD)  previously issued orders to Boulder Bear after complaints of safety concerns and harassment. The most recent investigation was initiated after the MLITSD received a health and safety complaint on Aug. 2, 2024, it said in an email to CBC News. The ministry said it closed the investigation after issuing one order for training, one order for proper incident reporting, and three requirements for documentation. All orders were complied with, it said. 

The climbing gym has faced multiple lawsuits after alleged accidents. 

The family of eight-year-old Natalia Lentinen says she was hospitalized after allegedly falling at a Boulder Bear Climbing Centre summer camp is pursuing damages in civil court. Since then, others have come forward alleging they were also injured at the gym. 

In the statement of defence filed by Boulder Bear, it alleges that any injuries that may have occurred were due to the child's own negligence. 

"She was the author of her own misfortune," reads the statement of defence.

Also suing the gym is Rowan Adderley-Day, a resource technician who says he was left with a lifelong impairment after getting injured at Boulder Bear in April 2023.  Boulder Bear also denied Adderley-Day's allegations. 

"The defendant denies that the area in which the Incident is alleged to have occurred was in a state of disrepair, contained any hazards, or was otherwise unsafe for individuals exercising the appropriate degree of care," said the statement of defence. 

The statement said any injury Adderley-Day allegedly incurred was due to carelessness. It also alleges that at the time of the incident, Adderley-Day "was impaired by alcohol, drugs, fatigue or stress or a combination thereof and was lacking in reasonable skill and self-command."

Image of court documents showing "statement of claim"
Documents obtained by CBC News show Boulder Bear Climbing Centre was already facing a civil lawsuit related to an injury before an eight-year-old was injured in a fall in July. (Michelle Allan/CBC)

"Boulder Bear closing operations would not be a barrier to my clients recovering full compensation for their losses, assuming Boulder Bear held liability insurance and there are no coverage issues," said Jeff Moorley, a lawyer at White Macgillivray Lester, which represents Lentinen and Adderly-Day.

Michael Ng, a lawyer with expertise in corporate commercial law, said there are two main avenues for legally closing a business in Ontario: voluntary dissolution and bankruptcy.

Any debts or outstanding money owed could also be a barrier to dissolution, said Ng, a partner at Tierney Stauffer in Ottawa who is not involved in any of the proceedings involving Boulder Bear. 

If a business can't pay off its debts, Ng said, it needs to consider bankruptcy. 

"There's a reluctance, probably, to go the bankruptcy route because that means that your business isn't succeeding and you'll have to face dealing with the creditors and trustee in bankruptcy," said Ng, speaking broadly.

Loss of amenity for youth: parents

Both Sobey and Trevisanutto said that despite the controversy surrounding the business, their children enjoyed climbing at Boulder Bear and would miss it. 

"I feel sorry for my daughter," said Sobey, "Where else are we going to be able to do that, right? Where is she going to get that training?"

The gym is the only indoor rock climbing facility in town — climbers in search of comparable indoor walls could find themselves driving as far as Winnipeg or Duluth, Minn. 

"It's just one less thing for the youth of our city to be able to do that's recreational and active," said Trevisanutto.

ABOUT THE AUTHOR

Michelle Allan is a reporter at CBC Thunder Bay. She's worked with the CBC's Investigative Unit, CBC Ottawa and ran a pop-up bureau in Kingston. She won a 2021 Canadian Association of Journalists national award for investigative reporting and was a finalist in 2023. You can reach her at michelle.allan@cbc.ca.