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The courts have held in cases that properly prepared and presented releases of liability are binding. This is consistent with the principle in contract law that a party is bound by the document in the absence of fraud or misrepresentation. There have been many cases in which the courts have found waivers valid and sufficient to exonerate defendants from liability even for alleged negligence.
Early adventure cases include Delaney v. Cascade River Holidays Ltd in 1983, Dyck v. Manitoba Snowmobile Assn. Inc. in 1985 and Karroll v. Silver Star Mountain Resorts in 1988. More recent high-profile instances include Ochoa v. Canadian Mountain Holidays Inc., the 1996 case based on the avalanche deaths of nine clients while heli-skiing and the 2009 Alberta horse riding case of Van Hooydonk v. Jonker.
The courts have held in cases that properly prepared and presented releases of liability are binding. This is consistent with the principle in contract law that a party is bound by the document in the absence of fraud or misrepresentation. There have been many cases in which the courts have found waivers valid and sufficient to exonerate defendants from liability even for alleged negligence. Early adventure cases include Delaney v. Cascade River Holidays Ltd in 1983, Dyck v. Manitoba Snowmobile Assn. Inc. in 1985 and Karroll v. Silver Star Mountain Resorts in 1988. More recent high-profile instances include Ochoa v. Canadian Mountain Holidays Inc., the 1996 case based on the avalanche deaths of nine clients while heli-skiing and the 2009 Alberta horse riding case of Van Hooydonk v. Jonker.