Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, et al



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Thread: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, et al

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    Baggsy's Avatar
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    Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, et al

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    Clear as mud

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    I'll take that as sarcasm, even without the emoji

    I'm going to get a synopsis from my lawyer friend who sent it to me when I see him.

    It sounds like it's about a lawsuit after an accident that was appealed a couple of times and then overturned at the Supreme court - Something about a conflicting Provincial law overriding another one, because it was more specific?

    Edit: Here's a bit of the arguments from a lower court ruling: http://www.nortonrosefulbright.com/k...cting-consumer
    Last edited by Baggsy; 02-08-2019 at 09:17 AM.
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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    "the waiver must be read down under the doctrine of notional severance to exclude from its ambit claims that affect the substantive and procedural rights protected by the CPA" Who talks like that? it's freakin square talk, if you have something substantive to say then just spit it out!

    The second link helps immensely: "Conclusion: Schnarr is a clear message from the Ontario Court of Appeal that occupiers can continue to rely on waivers as a means to limit their liability."
    Yay, they figured out what "waiver" means


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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    I read as far as..... bought a ski pass, went skiing and hurt myself. Now want money.

    How would that substantially differ from trail riding, rent-a-canoe, ice skating or any other activity where the skill / judgement of the participant is the biggest factor in not getting hurt?

    A woman in Montreal is suing for around a half a million because she slipped on the sidewalk and broke her ankle. Wow snow is slippery! Only in Canada you say?

    What if they made it illegal to clear snow?

    Clearing snow deprives people of the Canadian experience and encourages brain decay through lack of mental activity.

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    another doosh canoe plaintiff

    http://
    Last edited by JavaFan; 02-08-2019 at 12:01 PM.
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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    Some plain English would be helpful.

    There is a interesting case in the states of a Doctor suing Gwyneth Paltrow, as she lost control while skiing and knocked him over, with him being the downhill position with her behind. Also stating she didn't stick around to help him out after the collision happened.

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    Quote Originally Posted by JavaFan View Post
    another doosh canoe plaintiff

    http://

    blanket waivers should be challenged where there is obvious negligence
    but a broken ski pole is something that I imagine is a common hazard on a ski hill

    had the guy run into, say, a sheet of plywood that had blown onto the hill
    then yes, duty of care negligence should nullify the waiver
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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    Broken ski pole on the hill? Wanker. Independent of the legal discussion around the waver, suing blue for that is a dick move. It's different if they were grooming an open hill or had a huge water leak creating an unmarked and unexpected ice patch.

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    Ski poles are quite often used to rope off or help fence off, out of bound or areas you should not ski. Even in the middle of the run, they might "X" mark with 2 poles to help you avoid ice patch or dirt patches. But a broken pole just randomly someplace on the run not usually.. I dunno sounds like something other is going on there.
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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    Well, the court ruled that waivers relied upon under the OLA (Occupiers Liability Act), Are not as clearly written as those written relying upon the CPA, (Civil Procedures Act), Which basically sets out the rules to be followed, when suing. Therefore the court ruled that the waiver under the CPA, would supersede, those written under the OLA, as such the Waiver under the CPA, were such that the lawsuit failed to meet the threshold, for success....lol

    Plain English version... Your an idiot, and therefore, you get NOTHING.

    Didn't read the entire judgment, but wouldn't be surprised if the defendant, (Blue Mountain), isn't seeking to recover their legal fees.

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    ^ respondent was awarded costs in the SC ruling
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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    But on the other hand....

    These businesses, resorts do hold at least some liability for the people paying to use their property...
    I mean they have no trouble taking your money...

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    I don't know enough specifics about the case to make a judgement.
    Ignorance is curable, Apathy not so much, but I don't care, I'll try anyway.

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    Re: Skiers beware - 38125 - David Schnarr, et al. v. Blue Mountain Resorts Limited, e

    I dont know the actual spread now but when I was more involved 50% of the cost of a lift ticket went to cover insurance costs for a ski hill . Because of stuff like this. Ski hills get sued a fair amount, usually for things outside their control.

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