Reasons for judgement were published this week by the BC Court of Appeal finding purported waivers of liability to be of no force and effect.
In this week’s case (Apps v. Grouse Mountain Resorts Ltd) the Plaintiff suffered a significant spinal injury at the C4/5 level, and was rendered quadriplegic while snowboarding the Defendant’s resort. He sued for damages but at trial the claim was dismissed with the Court finding posted waivers of liability prevented the claim.
The BC Court of Appeal overturned the result finding the posted waiver signs were not adequate. In reaching this conclusion BC’s highest court provided the following reasons: