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Releases and waivers

Hauer & Co. > Personal Injury  > Releases and waivers

Ski resort negligent; waiver protects them from damages

Waiver - exclusion of liability

Would the waiver be upheld? That was the question. In the recent decision of Fillingham v. Big White Ski Resort Limited 2017 BCSC 1702, on March 4, 2013, a snowboarder, the plaintiff, Gary Colin Fillingham, was seriously injured (including a broken leg) after skiing along a trail at the Big White Ski Resort. The ski run had a rope line that often prevented unimpeded access to the short cut, but the snowboarder found the rope line to be open. The snowboarder tried taking the short cut, but recent snow removal by the ski resort resulted in a sheer 10-foot drop down...

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Court upholds waiver in tragic Whistler accident

In a recent decision before the British Columbia Supreme Court, Jamieson v. Whistler Mountain Resort Limited Partnership 2017 BCSC 1001, the plaintiff, Dr. Blake Jamieson, was seriously injured on August 28, 2009 while mountain bike riding at a park owned and operated by the defendant Whistler Mountain Resort Limited Partnership ("Whistler"). He described the accident: his tire got caught briefly in some terrain at the top of a feature of the park called the "A-Line Rock Drop", causing him to be thrown over the handlebars. Unfortunately, he suffered a spinal cord injury; he is confined to a wheelchair. Dr. Jamieson brought...

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