DEFENCES — Voluntary assumption of risk (volenti non fit injuria) - Waiving right of action

Law360 Canada (May 31, 2024, 11:05 AM EDT) -- Appeal by Mitchell and Revelstoke Alpine School (“appellants”) from trial judgment finding that waiver of liability ("Waiver") had no application to Mt Rogers expedition. The appellants argued that the trial judge erred in interpreting the Waiver as applying only to the June 18 climb. Mitchell was an experienced mountain guide. Manson was an avid outdoorsman who became Mitchell's client. Their first climb was a Begbie Bluffs rock-climbing expedition. Before setting out on that expedition, Mitchell required Manson to sign a waiver online by which Manson agreed to waive any claims against the appellants and the Association of Canadian Mountain Guides, due to any cause, including negligence, breach of contract or breach of statutory duty, and to release them from all liability for property damage or personal injury in connection with wilderness activities in which he participated. Manson went online to complete the Waiver for June 18. After this first climb, Manson went on a second climbing expedition with Mitchell, climbing Mt Denman, and planned a further three-day climb on Mt Rogers. It was on this third expedition that Manson and Mitchell were injured. Mitchell did not ask or require Manson to sign further liability waivers for either the Mt Denman or Mt Rogers climbs. Manson sued the appellants, claiming damages for his injuries. The appellants raised the Waiver signed June 18 as a complete defence....
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