Question
Greeven v. Blackcomb Skiing Enterprises Ltd., 22 C.C.L.T. (2d) 265 (B.C.S.C.) G, a first-time skier, had been surprised by a dangerous drop-off on a ski
Greeven v. Blackcomb Skiing Enterprises Ltd., 22 C.C.L.T. (2d) 265 (B.C.S.C.) G, a first-time skier, had been surprised by a dangerous drop-off on a ski hill, fallen, and seriously injured herself. She sued the resort. The resort brought an application for summary judgment dismissing her action on the ground that the contract precluded any liability. The ticket given her that day bore on its face a request to read the back. The back contained conditions disclaiming liability on any basis. Evidence was given that red and yellow cards were posted in the ski areas announcing that exclusion of liability on the part of the resort was a condition of using the facilities. G acknowledged receiving the ticket but stated that she had not read the back and had not seen the notices. The application for summary judgment was dismissed. The burden of proof lay on the ski resort to demonstrate that reasonable measures had been taken to draw the sweeping exclusions of liability to the attention of patrons. G had made out a prima facie ("on the face of it") case that there were triable issues. It was open to the trial judge to consider whether the resort had discharged the burden of showing that it had taken adequate measures to bring the exclusion clauses to the plaintiff's attention. The defendant's evidence on the application for summary judgment, including the location of the posted notices, was too vague to be relied upon
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