Stephen Goudge

The respondents' child, who has cerebral palsy, was placed in a special education class by a Tribunal contrary to the parents' wishes.

The Court of Appeal held this violated section 15 of the Charter and read in a presumption of integration into the Education Act.

The Supreme Court of Canada allowed the appeal, holding that the Court of Appeal erred in deciding the constitutional validity of the Act without the required statutory notice.

Furthermore, the Tribunal's decision did not violate section 15 of the Charter, as it was based on the child's best interests and actual needs, and did not impose a burden or disadvantage.

The appellant suffered a neck injury and was rendered a quadriplegic after participating in a dangerous tubing competition at the respondent's ski resort while visibly intoxicated.

The appellant had signed an entry and waiver form without reading it.

The Supreme Court of Canada held that the resort, as the promoter of a dangerous sport, owed a duty of care to take all reasonable steps to prevent a visibly intoxicated person from participating.

The resort failed to discharge this duty.

The Court also found that the appellant did not voluntarily assume the legal risk, and the waiver did not relieve the resort of liability because it was not drawn to his attention.

The trial judge's finding of 25% contributory negligence was upheld.