What is the test for obtaining a waiver of any cause of injury?
British Columbia, Canada
The following excerpt is from Goodspeed et al v. Tyax Mountain Lake Resort Ltd. et al, 2005 BCSC 1577 (CanLII):
The Applicants also rely upon Blomberg v. Blackcomb Skiing Enterprises Ltd. (1991), 64 B.C.L.R. (2d) 51, (S.C.), where the plaintiff was injured skiing and attempted to sue the owners of the ski hill complex. He had signed a waiver at a location where he had attended in order to buy his season’s pass. The heading was in bold print, and the body contained a waiver of all claims for any cause, including negligence. The plaintiff complained that he did not have his glasses and was unable to read the form, that he did not understand he was signing a document of this nature and no one on behalf of the defendant told him what it was.
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