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53 Advoc. Q. 75 (2022-2023)
Recreational Facility Operators Beware: "Ticket" Cases Revisited Apps v Grouse Mountain Resorts Ltd, 2020 BCCA 78

handle is hein.journals/aqrty53 and id is 79 raw text is: RECREATIONAL FACILITY OPERATORS BEWARE: TICKET CASES REVISITED APPS V GROUSE MOUNTAIN RESORTS LTD, 2020 BCCA 78 Melissa Liauw and Jean-Claude Velasquez Table of Contents Introduction ............................................ 75 Apps v. Grouse Mountain Resorts Ltd. ............................ 76 Legal Principles ......................................... . 77 Provincial Occupiers' Legislation .............................. 78 British Columbia's Occupiers Liability Act .................... . 78 O ntario . . . ... .. . ... . . . ... . . . .. . .. . ... . . . .. .. . . . . .. . 78 A lberta . . . ... . . . .. . . . . ... . .. .. . . . .... . . .. . .. . . . . .. . 78 M anitoba ......................................... . 79 N ova Scotia ..... ................................... 79 Prince Edward Island .................................. 80 Location of the W aiver..................................... .81 Distinctiveness of the W aiver................................. .82 Pre-Contract Constructive Knowledge of Other Waivers .............. 83 Post-Contract Notice of the Waiver Clause ....................... .84 C onclusion .......... ..... .......... ....... ...... . ..... 85 Recom m endation ........................................ 85 Introduction Organized recreation is at an all-time high. Sporting and recreational activities, such as skiing and all-terrain vehicle riding, are accessible to the general public for a cost. Inherent in organized recreation, however, is liability risk.' With liability risk comes liability waivers. Also known as a pre-emptive or exculpatory release, a liability waiver constitutes a relinquishing of a right to a future claim by contract that may preclude a lawsuit.2 Liability waivers can be signed or unsigned. This paper focuses on unsigned liability waivers, also known as exclusion of liability waivers. * The authors are third-year students in the English Common Law program at the University of Ottawa. We are grateful to Professor Stephen Blair and Mr. Justice Todd L. Archibald for their feedback and guidance in writing this paper. 1. Susan E Gunter, Waiver of Liability in Recreation Cases in Todd L Archibald, ed, Annual Review of Civil Litigation 2017 (Toronto: Thomson Reuters, 2017) 405 at 405. 2. Ibid; Fred D Cass, The Law of Releases in Canada (Aurora: Canada Law Book, 2006) at 151. 75

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