In March 2020, the British Columbia Court of Appeal [CA]
released its decision in Apps v Grouse Mountain Resorts
Ltd., 2020 BCCA 78. The decision overturned an order
dismissing claims based on negligence, breach of contract, and
breach of the BC Occupiers Liability Act [OLA]. The CA
held Grouse could not rely on a waiver purporting to exclude
liability for Grouse's own negligence because Grouse had failed
to take reasonable steps to bring the waiver to the plaintiff's
attention.
Background
The plaintiff, Jason Apps, was snowboarding at Grouse Mountain
in March 2016 when he crashed on an 'XL' jump in the
terrain park, suffering a serious spinal injury. Apps sued Grouse
for damages, alleging, among other things, negligence in the
jump's construction.
