The plaintiff sued the defendant ski resort for negligence after fracturing his clavicle by colliding with a fluorescent orange mesh ribbon used to close a ski run at night.
The defendant moved for summary judgment, arguing there was no negligence and relying on a signed liability waiver.
The court granted the motion, finding no genuine issue requiring a trial.
Using enhanced fact-finding powers, the court determined the obstacle was clearly visible, snow-making equipment was not operating, and the plaintiff failed to keep a proper lookout.
Furthermore, the court held that the liability waiver signed by the plaintiff was prominently displayed, fully enforceable, and provided a complete defence to the claim.
