Jeffrey Belesky

This addendum addresses procedural issues arising from the Court of Appeal's March 28, 2018 decision allowing both appeals and a cross-appeal.

The court clarified that: (1) a "no order as to costs" provision can apply to both parties and interveners; (2) conclusions regarding statutory interpretation and waiver applicability should not be reflected in the formal order but only in the reasons; and (3) separate formal orders must be taken out for the merits decision and the costs decision, each bearing the date of its respective release.

Two consolidated appeals concerning the enforceability of liability waivers executed by ski resort patrons.

The central issue was whether the Consumer Protection Act (CPA) or the Occupiers' Liability Act (OLA) governs the relationship between ski resorts and patrons who purchased ski tickets and executed waivers as a condition of entry.

The lower courts held that the CPA applied and voided the waivers.

The Court of Appeal held that the OLA and CPA conflict, and that the more specific OLA provisions prevail over the general CPA provisions.

The court allowed the appeals and held that the waivers were valid and enforceable.