Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001

JurisdictionBritish Columbia
JudgeSharma
Date16 June 2017
Citation2017 BCSC 1001
Subject MatterTORTS,EVIDENCE,DAMAGE AWARDS,PRACTICE
Docket NumberS115407
CourtSupreme Court of British Columbia (Canada)
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11 practice notes
  • 2023 BCSC 723,
    • Canada
    • January 1, 2023
    ...trial is not precluded by the fact that there is a conflict in the evidence: Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001, at para. 68, citing MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270 at para. 22. The determinative issue is whether the court is able to f......
  • Manson v Mitchell,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 2, 2023
    ...trial is not precluded by the fact that there is a conflict in the evidence: Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001, at para. 68, citing MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270 at para. 22. The determinative issue is whether the court is able to f......
  • Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78
    • Canada
    • Court of Appeal (British Columbia)
    • March 4, 2020
    ...BCCA 174; · Dyck v. Manitoba Snowmobile Association, [1985] 1 S.C.R. 589; · Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001; · Karroll v. Silver Star Mountain Resorts Ltd. (1998), 33 B.C.L.R. (2d) 160 (S.C.); · Loychuk v. Cougar Mountain Adventures Ltd., 2011 BCSC 1......
  • Silbernagel v. Oliynyk, 2019 BCSC 1821
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 24, 2019
    ...Nagy v. BCAA Insurance Corporation, 2019 BCSC 930 at para. 16 and Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001 at a)        Can the interpretation issue that has been raised by the Petitioners be determined on this applicat......
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6 cases
  • 2023 BCSC 723,
    • Canada
    • January 1, 2023
    ...trial is not precluded by the fact that there is a conflict in the evidence: Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001, at para. 68, citing MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270 at para. 22. The determinative issue is whether the court is able to f......
  • Manson v Mitchell,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 2, 2023
    ...trial is not precluded by the fact that there is a conflict in the evidence: Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001, at para. 68, citing MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270 at para. 22. The determinative issue is whether the court is able to f......
  • Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78
    • Canada
    • Court of Appeal (British Columbia)
    • March 4, 2020
    ...BCCA 174; · Dyck v. Manitoba Snowmobile Association, [1985] 1 S.C.R. 589; · Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001; · Karroll v. Silver Star Mountain Resorts Ltd. (1998), 33 B.C.L.R. (2d) 160 (S.C.); · Loychuk v. Cougar Mountain Adventures Ltd., 2011 BCSC 1......
  • Silbernagel v. Oliynyk, 2019 BCSC 1821
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 24, 2019
    ...Nagy v. BCAA Insurance Corporation, 2019 BCSC 930 at para. 16 and Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001 at a)        Can the interpretation issue that has been raised by the Petitioners be determined on this applicat......
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5 firm's commentaries
  • Riding The Waive: Court Clarifies Risks And Consequences Of Signing A Waiver
    • Canada
    • Mondaq Canada
    • August 18, 2017
    ...v. Whistler Mountain Resort, 2017 BCSC 1001, is a reminder to those that operate and participant in dangerous activities that signing waivers has legal Dr. Jamieson was left in a wheelchair following a mountain biking accident at a park owned and operated by Whistler Mountain Resort ("Whist......
  • Sports Enthusiasts: Beware Of What You Sign
    • Canada
    • Mondaq Canada
    • July 17, 2017
    ...extremely serious personal injury. This was demonstrated in the recent case of Jamieson v. Whistler Mountain Resort Limited Partnership, 2017 BCSC 1001. In Jamieson, the plaintiff bought a season's pass for the mountain biking park (the "Park") owned and operated by Whistler Mountain Resort......
  • A Well-Drafted Release Is Priceless
    • Canada
    • Mondaq Canada
    • June 28, 2017
    ...v. Whistler Mountain Resort Limited, 2017 BCSC 1001, affirmed a facility provider's ability to protect itself by requiring that a user execute a release waiving his or her right to sue for personal injuries sustained at the facility. In that case, The Hounourable Madam Justice Sharma dismis......
  • Mountain Bike Parks: Best Practices to Prevent Liability
    • Canada
    • Mondaq Canada
    • February 6, 2018
    ...to provide access to easier features before more advanced features. 2) Occupier not liable in Jamieson v. Whistler Mountain Resort, 2017 BCSC 1001 In Jamieson, the court found the occupier was not negligent and dismissed the plaintiff's action. The plaintiff, also an experienced mountain bi......
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