Loychuk et al. v. Cougar Mountain Adventures Ltd. 2012 BCCA 122
Consumer Law - Sale of goods and services - Deceptive acts - Misleading conduct or representations
The plaintiffs were injured when they collided while travelling on the same zip-line. They sued the defendant zip-line tour operator for damages for negligence. The defendant admitted that the accident was caused by the negligence of its employees, but argued that the plaintiffs had waived their cause of action by signing a release (i.e., a waiver of liability). The defendant sought to have the claim dismissed.
The British Columbia Supreme Court, in a decision reported  B.C.T.C. Uned. 193, held that the release was valid and enforceable and was a complete defence to the plaintiffs’ claim. The court, therefore, dismissed the plaintiffs’ action. The plaintiffs appealed.
The British Columbia Court of Appeal dismissed the appeal.