Why This Ski Resort’s Waiver Argument Doesn’t Cut It With Appeal Court

A British Columbia judge should not have used a North Vancouver ski resort’s warning notices to throw a personal injury lawsuit out of court, the province’s appeal court found in a ruling released March 4.

In Apps v. Grouse Mountain Resorts Ltd., Justice Catherine Murray of the B.C. Supreme Court ruled earlier this year that Jason Apps was bound by the terms of a waiver of liability.

But with the overturning of her ruling on appeal, Apps is now able to proceed with a lawsuit.

The appeal court did not rule on whether or not the resort is actually liable. Apps was catastrophically injured after a snowboarding accident in March of 2016.

The ticket that Apps bought, as well as signs posted on the property, indicated that customers waive their right to sue the resort for personal injury. After buying his ticket, Apps went with friends to the top of the mountain and then to the terrain park.