Liability for Backcountry Skiing Accidents in Ontario

Ontarians are eagerly embracing the snow, with some venturing into the Ontario backcountry for skiing, snowboarding, or snowshoeing. But what happens if an adventure in the backcountry leads to injury?

Let’s dive deeper into liability in backcountry skiing accidents and offer some tips for staying safe while enjoying these rugged terrains. It’s vital to remember that backcountry skiing is a high-risk activity best suited for experienced participants. If you’re involved in a backcountry skiing accident in Ontario, it’s important to consult with our lawyers at Boland Romaine to assess whether you have a case.

Ski and Snowboard Liability Waivers

Before hitting the slopes at a ski hill, you’ll likely sign a waiver acknowledging that you assume all risks related to personal injury, death, or property loss, including those resulting from negligence or breach of duty by the ski area operator. This means you won’t be able to hold the ski hill liable if you're injured while skiing.

Ski Hill Liability Waivers and Backcountry Skiing in Ontario

How do ski hill liability waivers apply to backcountry skiing? Some skiers use ski hills as a means to access the backcountry, often leaving the boundary lines of the ski area. Ski and snowboard liability waivers typically include a clause that acknowledges the skier's intent to remain within designated areas. As a result, ski hills are unlikely to be held responsible for injuries that occur outside of their boundaries.

Liability in Backcountry Skiing Accidents in Ontario

Not all backcountry skiers rely on ski hills. Many turn to heli-skiing services or hike into the wilderness on their own. If you use a heli-skiing service or guide to access the backcountry, you’ll likely sign a waiver similar to the ones used at ski hills, which will likely limit the service’s liability in case of injury. However, a case from British Columbia, Kennedy v. Coe, shows that there’s a possibility of holding a “ski buddy” liable for negligence in the event of an accident.

Tips for Backcountry Skiing Safety in Ontario

Backcountry skiing is risky, but by taking the right precautions, you can minimize your risk. Here are some tips to stay safe:

• Ensure you have the necessary skills for the terrain you plan to ski.
• Never ski alone; always consider going with a guide or at least a few friends.
• Be informed—know emergency contact details, local Search and Rescue, and weather conditions before heading out.
• Leave an itinerary with someone you trust.
• Carry essential gear, including shovels, survival kits, communication devices, and warm clothing.
• Wear proper safety equipment, including a helmet, to reduce the chance of injury.
• Be aware of avalanche risks, especially in the west. Consider taking an Avalanche Skills Training Course to prepare yourself for these dangers.
• Familiarize yourself with avalanche safety equipment like beacons, airbags, and ava-lungs, and bring them if required.

If you’ve been involved in a backcountry skiing accident or need advice, contact Boland Romaine. Our ski accident lawyers can help you navigate liability and ensure your rights are protected.