In Schnarr v. Blue Mountain and Woodhouse v. Snow Valley Resorts, the Plaintiffs executed the ski resorts’ waivers of liability as a condition of the purchase of their lift tickets and were subsequently injured. In Schnarr, the motion judge held that the resort could not disclaim liability for any breach of the deemed warranty of providing services of a “reasonably acceptable quality” and found that the Plaintiff could advance claims in negligence and breach of warranty. The motion judge held that the negligence claim would be subject to the resort’s waiver, but that the breach of warranty claim would not. In Woodhouse, the motion judge held that the resort’s waiver was presumptively void and that the Plaintiff could proceed with her claim. The two appeals were heard together. The Ontario Court of Appeal held that ss. 7 and 9 of the Consumer Protection Act, 2002, S.O. 2002, c. 30 (“CPA”) conflicted with s. 3 of the Occupier’s Liability Act, R.S.O. 1990, c.O.2 (“OLA”). As such, the specific provisions of the OLA prevailed over the general provisions of the CPA and the Plaintiffs were bound by the waivers and releases of liability, regardless of whether their claims were in tort or breach of warranty.
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