Legal consent forms apply for leisure activities in British Columbia
In a recent decision, the British Columbia Court of Appeal has ruled that an online waiver signed by Ian Manson was not broad enough to cover claims arising from an incident that occurred on July 15, 2021, during a mountain climbing expedition led by professional guide Jeffrey Mitchell.
The case, Mitchell v Manson, 2024 BCCA 142, centres around an incident that took place on Mount Rogers, where Manson fell seven meters down the rope and stopped his fall on a ledge, suffering injuries. The court noted a drafting error in the name of Mitchell's company, "Revelstoke Alpine School" instead of "Revelstoke Alpine School Inc.", but did not decide whether this was material.
Prior to the July 15 incident, Manson had completed a different expedition with Mitchell on June 18, 2021, without incident. He paid $450 for the expedition via e-transfer and was directed to complete an online "release of liability" waiver on the Revelstoke Alpine School Inc. webpage. Manson selected "June 18, 2021" as the date on the waiver.
The waiver contained fields for Manson to fill out personal and medical information, and a "Trip Date" field that only allowed him to select one specific date. The court determined that the waiver and its terms would have been enforceable if it had agreed that it applied to the July 15 expedition. However, the court emphasized the importance of business owners identifying all entities they seek protection for and adequately identifying the specific activity and its date(s) in waivers.
The court also upheld the trial decision and declined to find that the release applied beyond June 18, 2021. The court confirmed that online waivers can be legally enforceable in BC, but they must be drafted carefully to ensure they cover all intended activities and dates.
The court also noted that "negligence" should be specifically named and liability for it excluded in waivers. In this case, the incident occurred during a climb led by Mitchell, who caused a rock to dislodge and fall towards Manson. The court did not rule on whether Mitchell was negligent, as that was not the focus of the case.
The search results do not provide information about the operator of Revelstoke Alpine School Inc. involved in the mountaineering activity with Manson on July 15, 2021. The court emphasized the importance of business owners ensuring that waivers are accepted by the customer before the customer pays for the activity.
Manson later arranged for additional climbing expeditions with Mitchell, but the key issue in the court case was whether the online waiver was broad enough to cover claims beyond the June 18 date selected by Manson. The court's ruling underscores the need for businesses to carefully draft and enforce waivers to protect themselves from potential liability.
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