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Comment Archives: stories: News: Today
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June 17, 2013, 5:00 PM
Whistler Blackcomb Foundation donates $300,000 to Centrepoint complex
Social services, church and housing being built by Sea to Sky Community Service and United Church More...
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June 17, 2013, 11:15 AM
Whistler Farmer's Market sees busy first day of operations
Market opens with vendor numbers at maximum More...
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June 16, 2013, 12:30 AM
Neal Kindree takes Test of Metal win
67-kilometre mountain bike race sees 871 racers at the start More...
Re: “Crown, PVTA file statements of defence in bike injury case”
I do not think it is reasonable to allow a race organizer that charges fees to entrants to rely on the Occupiers Liability Act. If a man-made structure is in poor repair it needs to be roped off since it's reasonable for a race participant to assume that it's part of the course.
This is not simply some poor guy falling off his bike and hitting his head on a rock (i.e. a natural hazard) - this is a man-made hazard which collapsed under normal use - and if the organizer didn't wish it used by participants it should have been signed or roped off.
Nor do I think a normal waiver should apply here since it wasn't a natural hazard.