Rent Relief for Eligible Outdoor Adventure Operators
The outdoor/adventure industry has been significantly impacted by the COVID-19 pandemic. Now, businesses such as fishing and hunting lodges, guest ranches, ecotourism lodges, seasonal campgrounds and other commercial recreation operators in British Columbia may be eligible for rent relief. Specifically, those who hold Land Act tenures or Park Act permits may qualify to have the annual base rent they […]
BC Non-Profit Sport Organizations — Protection from Liability Resulting from COVID-19
As the British Columbia government moves closer towards fully reopening its economy, businesses and other organizations are looking at their own practices and examining what risks they bear if a customer contracts COVID-19 at their operation. To alleviate some of this concern for amateur sports organizations and their stakeholders, the provincial government has passed a […]
Benefit Corporations are Coming to British Columbia
British Columbia will now become the first jurisdiction in Canada to statutorily permit and regulate benefit corporations (“B Corps”). Bill M 209, the Business Corporations Amendment Act (No. 2), 2019, which was originally introduced as a private members bill by Dr. Andrew Weaver, received Royal Assent on May 16, 2020, and is set to come into […]
Outdoor/Adventure Industry Trip Cancellations and Customer Deposits in Times of COVID-19
The COVID-19 pandemic has upended our day-to-day lives. In the outdoor/adventure industry, it has led to the cancellation of pre-scheduled bookings, trips, and events, either pro-actively by companies (to limit possible exposure and spread of the virus), pursuant to orders of governmental health officials or due to the closure of international borders preventing customer access. […]
Apps v. Grouse Mountain — the Latest Word from the Court of Appeal on “Ticket Case” Liability Waivers
A recent decision out of the B.C. Court of Appeal that overturned a B.C. Supreme Court ruling has significant implications for ski hills and other outdoor/adventure tourism operators who rely on “ticket case” liability waivers. We wrote about the Apps case in a previous blog post. The Trial Decision The B.C. Supreme Court released its decision in 2019. […]
Should an Outdoor/Adventure Business Adopt a COVID-19-Specific Liability Waiver?
2020 has been an unprecedented year for outdoor/adventure businesses. The COVID-19 pandemic has closed international borders to tourists and other visitors, and social distancing requirements have necessitated the large-scale shutdown of the outdoor/adventure industry. Thankfully, these efforts have proven to be beneficial (at the time of writing), and provincial governments are now examining how to […]
Are you Legally Liable to your Ski (or Climbing or Hiking) Buddy?
Increasingly, people are venturing into the backcountry, and are relying on friends (or even strangers) to make safe decisions for the group, and for themselves, even if those people have little practical training or experience. In early 2009, Mark Kennedy was on a guided heli-skiing trip near Blue River, BC. Adrian Coe was also heli-skiing […]
Should Outdoor/Adventure Companies Consider Becoming B Corps?
The growing B Corporation movement is making its mark worldwide and companies such as Patagonia – an American outdoor clothing company, and Intrepid Group – the world’s largest adventure travel company, are leading the charge for businesses, driving positive social transformation. These companies balance purpose and profit and operate in a way that benefits shareholder and stakeholder interests, and society […]
Can Private Property Owners Ban Drone Overflights?
In a previous blog “Legally Flying Your Recreational Drone“, we discussed the new Transport Canada rules, regulations, and fines surrounding recreational drone use in Canada. While these rules introduced new “basic” and “advanced” pilot categories (with related certification and registration requirements), they also loosened some of the operational requirements regarding where a drone can and can not […]
Minors – the Special Case of Liability Waivers
A liability waiver is a legal document – a contract – that a participant in an activity signs to waive his or her legal right to sue for compensation in case of an injury (or death) during participation in the activity. Waivers are a matter of course in the outdoor/adventure industry, and their execution is usually a […]
