When you go skiing, snowboarding, or to a trampoline park, you’re almost always asked to sign a waiver. Most of us sign it quickly and don’t think twice. The big question people have is: if I get hurt, does that piece of paper mean I have no rights?
In Ontario, the honest answer is this: waivers are generally enforceable for adults, but they are not absolute.
Courts have been clear that if an adult signs a waiver, they’re usually presumed to be bound by it. Simply saying “I didn’t read it” will not normally get you out of the agreement. However, that’s not the end of the story. A court’s analysis goes much deeper than just checking for a signature.
This post will break down how ski waivers are treated under Ontario law, when they might not protect a resort, and what the rules are when a child is injured.
The Power of a Signature: How Courts View Waivers
Under Ontario law, a person who signs a contract is presumed to have intended to be bound by it. This principle applies directly to ski waivers. The law assumes that if you had the chance to read the document and chose to participate anyway, you accepted the risks described within it.
However, courts don’t just rubber-stamp waivers. They look closely at two key areas: the presentation of the waiver and the wording of the agreement itself.
How Was the Waiver Presented?
The process matters. A court will examine whether reasonable steps were taken to bring the waiver and its terms to your attention. Key questions include:
- Was the document clearly labelled as a legal waiver of your rights?
- Was it buried in other paperwork or presented in a misleading way?
- Were you rushed, pressured, or told to “just click here” without a real chance to review it?
If a term is particularly unusual or broad, the resort may have a greater responsibility to point it out. While you are expected to read what you sign, the surrounding circumstances can influence whether a court finds the agreement fair and enforceable.
What Does the Waiver Actually Say?
A waiver only protects a resort against the risks it clearly describes. Courts interpret these documents narrowly. If a waiver says you accept the inherent risks of skiing—like falling, changing snow conditions, or collisions with other skiers—it may not cover an injury caused by something entirely different.
For example, if you are injured because of poorly maintained rental equipment or a hazard left on a ski run by staff, that may fall outside the scope of risks you agreed to assume. The details matter, and the specific wording of the agreement is critical.
The Occupiers’ Liability Act and Inherent Risk
Under Ontario’s Occupiers’ Liability Act, ski resorts owe a duty to take reasonable care to ensure their visitors are reasonably safe. However, the Act also allows them to modify or exclude this duty through a contract, which is precisely what a ski waiver is designed to do.
This leads to a crucial distinction between “inherent risk” and “negligence.”
- Inherent Risk: These are the expected dangers that are a natural part of the sport. You accept the risk of falling on an icy patch or losing control on a steep hill.
- Negligence: This involves a failure by the resort to meet its duty of care, creating a preventable danger. This could include a faulty chairlift, unmarked hazards, or a failure to follow established safety protocols.
You accept the risks of the sport, but you don’t accept preventable danger created by carelessness. A waiver can allocate risk, but it does not excuse reckless disregard for safety.
A major Ontario Court of Appeal decision involving Blue Mountain confirmed that ski waivers are not automatically invalid under consumer protection law. The Occupiers’ Liability Act governs these situations, meaning a properly drafted waiver can still be enforceable.
What if a Child Is Injured?
This is where the law changes significantly. While an adult who signs a waiver is generally bound by its terms, there is a strong consensus in the Ontario legal community that waivers are not binding on the rights of a child.
A parent or guardian can consent to their child participating in a recreational activity like skiing. However, they cannot legally sign away their child’s future right to sue for an injury caused by someone else’s negligence. Courts are highly protective of the rights of minors. Public policy weighs heavily in favour of protecting children, who cannot legally contract for themselves.
If your child is injured at a ski hill, the existence of a waiver signed by a parent does not end the analysis. These cases require careful legal review, as the resort may still be held responsible.
Don’t Assume You Have No Claim
Many injured skiers and parents assume that signing a waiver means they have no legal rights. That assumption can be wrong. Every case depends on its specific facts:
- The exact wording of the waiver.
- How the waiver was presented.
- The direct cause of the accident.
- The conduct of the ski resort and its staff.
- Whether the injured person was an adult or a child.
Small differences in language, presentation, or the facts of the incident can determine whether a claim can proceed.
Injured at a Ski Hill in Ontario? Know Your Rights
Ski waivers are powerful legal documents, but they are not magic shields that protect a resort from all responsibility. If you or your child has been injured at a ski resort, it is essential to have the waiver and the circumstances of your accident reviewed by a legal professional.
At Kotak Law, we carefully analyze waiver language and investigate whether an injury falls within the risks you agreed to assume, or whether the resort may still be legally responsible.
Contact us today for a free consultation. There is no fee unless we win your case.
