Whatever happened to ... Crocker vs. Sundance.

• Author: Bowal, Peter
• Position: Famous Cases Revisited

Introduction

Crocker v. Sundance Northwest Ltd (1985) 20 D.L.R. (4th) 552 (Ont. CA) is one of the most interesting negligence cases in Canada in the last quarter century. It is a unanimous decision from six judges of the Supreme Court of Canada that covered a tragic scenario on a ski hill. The case has numerous issues relating to thrilling, but dangerous, adventure activities and extreme sport competitions, the role of alcohol and legal assignment of responsibility for it, and contract waivers not to sue in the event of an injury. The outcome provides a basis for a lively debate on how far the law ought to protect people from their own foolish actions.

The Canadian Ski and Snowboard industry has more than 300 resorts catering to some 4.3 million participants in alpine and Nordic skiing each year. Maintenance and growth in market share in this industry arise from novel marketing promotions that target young, daring skiers.

Sundance owned and operated a number of tourist destinations, including hotels, restaurants, and ski hills, including a small ski resort near Thunder Bay. As part of an annual "Sundance Spring Carnival," the resort had been promoting inner tube races for several years as a means of generating interest in the resort. The events were designed to generate a party atmosphere: representatives from beer companies such as Molson were in attendance as a part of the promotion. The competition consisted of two participants racing down Hanson Hill, a mogul covered ski slope, on over-sized, inflated inner tubes as crowds of spectators cheered them on. The objective was to reach the finish line as quickly as possible with both members of the team still in the tube. While injuries had occurred in the past, no consideration had been given to altering the event.

Facts

William Crocker was a 29-year-old beginner skier. His membership in the Sundance Ski Resort allowed him unlimited access to Sundance's facility for the winter season. A "heavy drinker," he was a fixture at the resort's bar.

Crocker said he did not read the Release, although it was essentially the same as the one on his season's pass. Crocker later said he was not aware that he was signing a legal document like a Release of Liability. He thought it was just part of the registration form.

On the afternoon of March 19th 1980, Crocker and his friend Rick Evoy had been skiing for just over an hour before taking a drink at the resort bar. At the bar, they watched a short...