Manson v. Mitchell: Singular Waiver Forms For Several Services

In Manson v. Mitchell, 2023 BCSC 723 ("Manson"), the British Columbia Supreme Court (the "Court") considered whether a single waiver form applied to a series of mountaineering expeditions following a plaintiff's fall during his third excursion.

Mr. Manson enlisted the services of mountaineering guide, Mr. Mitchell. The pair met on June 15, 2021, to discuss Mr. Manson's intention to embark on several climbing excursions throughout the summer. Following the meeting, the pair agreed to go on a short sport climb on June 18, 2021, to assess Mr. Manson's climbing abilities and Mr. Mitchell's suitability as a guide (the "First Climb"). The day before the First Climb, Mr. Mitchell emailed Mr. Manson with an attached electronic waiver form to sign, which required selecting a singular date from a drop-down menu. Mr. Manson signed the form with the "Trip Details" date listed as June 18, 2021, Mr. Mitchell reviewed it and they proceeded with their scheduled climb. A week