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The court held that reasonable lunch and other breaks are excluded from the seven-hour discovery limit, and ordered additional discovery time plus an adjournment.
The Court of Appeal allowed the appeal, holding that post-purchase terrain-park signs and prior Whistler dealings could not validate an inconspicuous own-negligence waiver.
The Yukon Court of Appeal held that a clear RFP waiver clause barred Mega Reporting’s damages claim and allowed Yukon’s appeal.
The CPA provisions (ss.7 and 9) and the OLA (s.3(3)) are irreconcilable when applied to suppliers who are occupiers; the OLA is the specific, exhaustive statute governing occupiers’ liability and therefore prevails over the general consumer-protection provisions of the CPA in this context, rendering the waivers valid and enforceable notwithstanding the CPA; additionally s.93(2) cannot be used to revive or enforce a waiver that s.9(3) of the CPA has rendered void where the CPA otherwise applies.
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The court held that a skier’s signed waiver and his own evidence of assumed risk barred the claim, and it dismissed the action.
The Court held that public policy embodied in the WSIA precludes permitting employers and workers to contract out of the statutory protections in Part X; s.16's prohibition in Part III does not imply that Part X rights may be waived, and s.116(1) must be read as a categorical rejection of the common law voluntary assumption of risk so as to prevent clear waiver of employer liability under Part X. Consequently the release could not be enforced to bar the appellant's Part X statutory action; the appeal was allowed and the summary judgment set aside.
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The court refused to summarily dismiss a physiotherapist’s negligence claims, finding the course waiver ambiguous and insufficient to bar suit; volenti was also not proved.
The British Columbia Court of Appeal upheld a zip-line waiver, holding it barred negligence claims and was not unconscionable, deceptive, or unsupported by consideration.
The court refused summary judgment, finding a softball waiver signed as part of a team roster was not enforceable on the evidence before it.
The court held that a parent cannot unilaterally sign a pre-tort release binding a minor under British Columbia’s Infants Act, so the defendants’ dismissal application failed.
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