In 2012, the B.C. Court of Appeal's decision in Loychuk
v Cougar Mountain Adventures Ltd., 2014 BCCA 122, confirmed
that people who knowingly and voluntarily engage in inherently
risky recreational activities will be precluded from suing a
commercial operator where they signed a release waiving claims in
negligence. Such releases were held to be neither unconscionable,
nor against public policy.
In a recent decision, the B.C. Court of Appeal placed some
limits on the use of releases, holding that vehicle
owners/operators cannot contract out of liability for damages for
personal injuries suffered in a motor vehicle accident.
In Niedermeyer v Charlton, 2014 BCCA 165 the Plaintiff
participated in a zip lining activity operated by the Defendant,
Ziptrek Ecotours Inc.. Ziptrek also operated a bus, which brought
participants to and from the activity. The Plaintiff was injured
while returning from the activity area when the bus left the road,
overturned, and fell down a
