How have the courts dealt with the issue of a personal injury release?
British Columbia, Canada
The following excerpt is from Jamieson v Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001 (CanLII):
In Blomberg v. Blackcomb Skiing Enterprises Ltd., [1992] B.C.J. No. 196 (S.C.) the plaintiff claimed damages for personal injuries suffered caused by a skiing accident. The parties agreed to limit the trial to the issue of the validity and enforceability of the release, and try the negligence and damages issues on another day. The court states that the knowledge and experience of the plaintiff and the fact he had executed similar releases to the one at issue in that case were highly relevant. He was an expert skier and a well-educated businessman. The plaintiff’s action failed.
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