First presented at a Sports Liability Seminar
In the winter months, many Canadians travel to resorts
nationwide to engage in snow-related activities such as skiing,
inner-tubing, and snowmobiling. After a day of physical activity,
many retreat to a restaurant or a bar often conveniently located
on, and operated by, the resort. Although these activities are
intended to be an exciting pastime, there are inherent and serious
risks for all parties involved. As such, it is necessary that
resorts be aware of methods to limit their exposure to liability,
in the event that a patron becomes injured on resort premises.
Historically, Canadian courts have held that patrons could
voluntarily assume all risks associated with their ski-related
activities. Unfortunately, courts have recently moved away from
this position and no longer accept that patrons are the sole
authors of their own misfortune. As it will be illustrated,
jurisprudence in Ontario has identified a move away from
