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

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

Trials

Well-known member
Clear as mud :read:
 

Baggsy

Well-known member
Site Supporter
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/knowledge/publications/165430/battle-of-the-statutes-ontario-court-of-appeal-upholds-occupiers-waivers-in-the-face-of-conflicting-consumer
 
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Trials

Well-known member
"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 :hello1:


Warning :| skiing is dangerous; if you don't want to get hurt stay home and bask in the comfort of your very own dangerous surroundings, play here and you might very well get hurt.
 

nobbie48

Well-known member
Site Supporter
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.
 

sburns

Well-known member
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.

Meh things happen in life.
 

GreyGhost

Well-known member
Site Supporter
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.
 

sburns

Well-known member
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.
 

hedo2002

Well-known member
Site Supporter
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.
 

Hack

Well-known member
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...
 

crankcall

Well-known member
Site Supporter
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.
 

Rob MacLennan

Well-known member
Moderator
Site Supporter
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.
And, generally speaking, the vendor in such a situation cannot be found liable unless negligence on their part was a factor.
 

Baggsy

Well-known member
Site Supporter
That being said, I know of someone who had a white ski jacket replaced when a big glob of grease fell onto from the lift.
 

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