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.
