Many companies require their patrons to sign a liability waiver before they can partake in the proffered activity. By signing a liability waiver, you are agreeing to give up your right to sue should you be injured during the activity. If you are injured during the activity, there are certain circumstances in which the courts have found waivers unenforceable…
waiver Tag Archives
Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380
This case serves as a good reminder of the law surrounding the enforceability of waivers. The Plaintiff had attended the Defendant indoor trampoline park. While attempting to land a backflip on a trampoline, he landed on his head and suffered serious injuries including a C7 vertebra fracture that required surgery.
Waivers, Legal Consequences and Recreational Sports
As we enter the final stretch of the winter season, many of us will take to the ski slopes, ice rinks or other recreational venues to enjoy what’s left of it. While having a great time is always the number one goal, it is important to be aware of some of the assumed legal risks involved. The recent decision of Levita v Alan Crew et …
Levita v Alan Crew et al., 2015 ONSC 5316 (CanLII)
Released September 1, 2015 | CanLII This action arose out of a recreational hockey incident in which the plaintiff, Robbie Levita, suffered a fractured right tibia and fibula after being checked by the defendant, Alan Crew, while playing in a league operated by True North Hockey Canada. Levita claimed that Crew checked him into the boards from behind, either intentionally or recklessly, in contravention of the rules …
Consent to Medical Treatment is Not a Waiver of Rights
With the holidays behind us, and all the full potential of the New Year before us, thoughts sometimes turn to our health. Now is the time to dust off the treadmill, avoid the sugary treats and maybe even see the doctor for a checkup. If there are any concerns, the doctor will likely recommend some form of treatment. Treatment can be as simple as a …