Sports, Recreation & Resort Liability
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OVERVIEW
Liability claims in this class of business bring significantly elevated risks. Sporting and recreational accidents cause serious injuries with tragic consequences for the victims and their families. The recent escalation in damage awards and the complexity of the legal issues significantly increase the risk to all involved in the activity or sport, whether recreational, amateur, professional or commercial.
Many of the lawyers at McCague Borlack LLP are avid sports enthusiasts and engage in a variety of recreational pursuits. As an adjunct to these personal passions, they have a special interest in the legal issues associated with sports-related exposures.
SERVICES
Our team of highly trained litigators offers clients a comprehensive
knowledge of the laws governing the industry, personal familiarity
with the leading experts, and first-hand practical experience in
addressing the wide range of issues that arise in such claims.
Their insights give them a significant edge when handling all types of recreational or sports-related matters. They have particular expertise within the following practice sub-groups:
- Ski Hill and Resort Liability
As the popularity of skiing and snowboarding increase, so too does the risk of accidents with serious injuries. Our firm has considerable knowledge of the rules, regulations, and laws which govern claims arising from downhill ski and snowboarding accidents and claims against the resort operator, such as chairlift liability, contractual liability, and commercial club premises and member owned facility liability. In addition, we are experienced in drafting and analyzing waiver provisions. McCague Borlack is a member of the National Ski Areas Association, which is the association for ski area owners and operators throughout North America.
- Equestrian and Trail Riding Liability
Lawyers in this group have defended horse riding stables for many years. Equestrian centres are brought into litigation when incidents take place involving horse riding lessons, trail rides, or competitive horse shows. Our practice group members have extensive experience defending these establishments in negligence and Occupiers Liability Act claims.
- Sport Participant, Organization, and Spectator Liability
Our firm has a wealth of experience in bodily injury and property damage claims involving sports organizations and providers, competitors, coaches, spectators, volunteers, officers, directors, teams, and leagues involving a wide range of sports and activities including hockey, golf, baseball, volleyball, hiking, skateboarding, and swimming.
- Resort, Facility, Special Event, and Hospitality Liability
This sub-group focuses on litigation involving individuals, teams, resorts, organizations, companies, and charities which operate facilities, resorts, and/or events. As a leading provider of litigation services to national, regional, and local amateur and professional sports associations, our firm has extensive experience in handling special events from large international meets to community-based events. We also possess experience in defending commercial club premises and member owned facilities, as well as claims from users of municipal, school, and other publicly owned premises, including recreation facilities.
Our firm can provide the following services for our clients:
Complete insurance coverage advice is provided on a broad range of liability policy wordings and endorsements including comprehensive general liability policy wordings and special policy wordings intended to provide coverage for all forms of sports, recreation, and/or resort liability lines of business.
2. Liability Defence
Our firm possesses extensive experience in defending all types of personal injury or property damage claims arising while playing, watching, or organizing a sporting or recreational activity or event.
The most efficient method of limiting liability is through effective risk management techniques and strategies. Our group of highly trained lawyers provides a complete range of risk management advice on methods of limiting liability exposure including:
- establishment of appropriate protocols and procedures
- development of manuals and handbooks
- training of employees
- drafting of waivers and exclusion clauses
- utilization of incident reports and special contractual provisions designed to restrict liability exposuredevelopment of manuals and handbooks
- coordinating claims between the insurer and insureds where there is a significant deductible or self-insured retention
- advising on claims that are in excess of policy limits
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Beware of the Standard of Care in Recreational Sports - Case Comment: Cox v. Miller
In Cox v. Miller (Cox), the British Columbia Court of Appeal (the "BCCA") upheld the trial judge's decision by affirming that irrespective of an individual's intent and permissible rules of a game, injuries as a result of reckless and dangerous acts during recreational sports are risks not undertaken by players and are thereby able to constitute liability in negligence.
Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss
First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.
Unparalleled Production and Lessons for U.S. Litigants Seeking to Compel Discovery of Third-Parties in Ontario - Case Study: Activa TV Inc. v Matvil Corp
In Actava TV Inc. v. Matvil Corp, released on February 19, 2021, the Ontario Court of Appeal clarified the law on letters of request for third-party production.
The crux of the dispute in this case centred around a 'letter of request'. A letter of request, sometimes called a letter rogatory, "is the medium whereby one country, [...] seeks foreign judicial assistance that allows for the taking of evidence for use in legal proceedings[.]" In this case, the U.S. District Court, Southern District of New York, issued a letter to the Ontario Superior Court of Justice. At its core, the letter is merely a request, and as such, must be endorsed or made enforceable by the recipient jurisdiction.