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ARTICLE · 28 JUNE 2017

A Well-Drafted Release Is Priceless

Alexander Holburn Beaudin + Lang LLP
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The decision in this case allows recreational facilities and other service providers, and their insurers, to breathe a sigh of relief.

CanadaInsurance
Alexander Holburn Beaudin & Lang LLP
Alexander Holburn Beaudin & Lang LLP
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Jamieson v. Whistler Mountain Resort Limited, 2017 BCSC 1001, affirmed a facility provider's ability to protect itself by requiring that a user execute a release waiving his or her right to sue for personal injuries sustained at the facility. In that case, The Hounourable Madam Justice Sharma dismissed the claim of a plaintiff who sustained a severe spinal cord injury when he tried to "pre-jump" a rock drop on a black diamond bike trail (the "Accident") while mountain biking at the Whistler Mountain bike park in 2009.

On the day of the Accident, the plaintiff signed a four page release in favour of Whistler Mountain in which he waived any and all rights to sue for any loss, damage, expense or injury that he may suffer as a result of his participation in mountain biking at Whistler Mountain.

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