Nov 26, 2014

Crocker v Sundance Northwest Resorts Ltd

Crocker v. Sundance Northwest Resorts Ltd., [1988] 1 SCR 1186

Facts: P and friend entered tubing competition and signed waivers without understanding that they were waivers. P was visibly drunk the day of the competition and although the manager saw this, he did nothing to dissuade him.

Issue: whether the ski resort has a positive duty to take certain steps to prevent a visibly intoxicated person from competing in the resort’s tubing competition

Held: Sundance owed Crocker a duty of care

Analysis:


    -Generally, one is under a duty not to place another person in a position where it is foreseeable that the person could suffer injury


    oD set up inherently dangerous competition


    oEmployees were in charge of the operation of the competition


    oD provided P with liquor and knew that he was inebriated before the second heat


    oD aware that chance of injury was heightened because he was drunk


    §Not open to D to characterize itself as a stranger with no duty


D was subject to DOC to take all reasonable steps to prevent P from entering and competing in the competition