Some time ago, I wrote a
blog post about a Court of Appeal decision that upheld, and
arguably extended, the enforceability of liability waivers and
releases signed by customers of commercial enterprises. That
particular case involved zip-lining, an activity the court
described as an inherently risky recreational adventure.
While that decision served as confirmation that the owners,
operators and staff of commercial adventure businesses can protect
themselves from negligence claims by their patrons, it did not
answer the question of whether the participants in such activities
owed a duty of care to each other.
However, a recent B.C. Supreme Court decision does provide that
answer, at least in the context of back-country skiing. It is
the first case in Canada to consider whether a "ski
buddy" owes a legally enforceable duty of care to the person
with whom they choose to ski. This case has widely been
referred to in the media as the "ski-buddy" case.
The case
