A Warning in Occupier’s Liability

In the realm of real estate law and civil litigation, understanding the responsibilities of property owners is crucial. The Occupier’s Liability Act of British Columbia delineates the duties of those who own or manage properties. A pivotal decision by the British Columbia Court of Appeal has shed light on this intricate area of law.

Background:Jason Patrick Apps, an Australian national, came to Canada with dreams of snowboarding in Whistler. However, a tragic accident at Grouse Mountain's terrain park in 2016 left him quadriplegic. Apps contended that Grouse Mountain's terrain park was perilously designed and lacked adequate warnings. The court initially sided with Grouse Mountain, citing liability waivers and warning signs as sufficient protection against negligence claims.

The Appeal:The crux of the appeal revolved around the timing and clarity of the liability waivers. The Court emphasized that such waivers should be presented before any transaction, allowing individuals to fully comprehend the terms. Furthermore, past experiences, like Apps' time in Whistler, don't automatically imply awareness of specific liability terms at other locations.

Implications:The Court's decision underscores the need for explicit and timely communication of liability terms, especially in real estate and recreational spaces. While the final verdict on Grouse Mountain's responsibility is pending, this case serves as a precedent for property owners and managers.

For those navigating the complexities of real estate law and civil litigation in British Columbia, Infinity Law is your trusted partner. Our expertise ensures you're always on solid legal ground. Reach out to us via our website or at (250)385-6004 / (888) 385-6004 for comprehensive guidance.