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Consumer law cannot be used to strike down valid waivers under Occupiers’ Liability Act, court rules

Tuesday, April 03, 2018 @ 11:17 AM | By Amanda Jerome

The Ontario Court of Appeal has ruled that sections of the Consumer Protection Act (CPA) undermined sections of the Occupiers’ Liability Act (OLA) in relation to waivers in a decision counsel say will have an impact on the sports and recreation industry.

In Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313, the court heard two appeals together as they shared a common issue. The parties involved were both injured while skiing at recreational resorts, but had signed waivers when they purchased tickets to use the...