In what circumstances have courts found that signage at the ticket sales area contained the terms of a waiver?
Alberta, Canada
The following excerpt is from Champion v. Ski Marmot Basin, 2005 ABQB 535 (CanLII):
In another case involving very similar tickets and signage, Argiros v. Whistler and Blackcomb Mountain, [2002] O.J. No. 3916 (Sup. Ct. Jus.), the plaintiff purchased several tickets and vouchers, each containing the terms of the waiver. The evidence showed ten waiver signs in the ticket sales area. These factors led the Ontario court to find that “the only reasonable inference” (at para. 15) was that the terms did, in fact, come to the plaintiff’s attention. The plaintiff’s assertions that the terms were not pointed out to him, that he had not read them, and that he would not have understood them if he had, were held to be irrelevant; the test is objective.
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