When Are Waivers Enforceable in BC? Insights from Apps v. Grouse Mountain
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May 15, 2025·7 min read

When Are Waivers Enforceable in BC? Insights from Apps v. Grouse Mountain

Explore when waivers are enforceable in British Columbia through the landmark case of Apps v. Grouse Mountain (2020 BCCA 78).

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Written by Marlisa H. Martin

Waivers are a common tool used by businesses and recreational operators to limit their liability in the event of accidents or injuries. But in British Columbia, a waiver is not automatically enforceable just because someone signed it.

Key Factors Courts Consider

Courts consider notice and visibility, clarity of language, the nature of the activity, and unconscionability when determining whether to enforce a waiver.

What This Means for Injured Plaintiffs

If you've been injured and were asked to sign a waiver, don't assume you have no legal recourse. The existence of a waiver does not automatically end your claim. An experienced personal injury lawyer can analyze whether the waiver was properly presented, whether the language covers your circumstances, and whether the injury arose from negligence.

Conclusion

Waivers are a legitimate legal tool, but they are not a blank cheque for negligent operators. If you've been injured in a situation involving a waiver, contact Nanuq Law for a free consultation.

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