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Experts say COVID waivers unlikely to shield private schools from legal action

August 18, 2020 Cassandra Szklarski - THE CANADIAN PRESS

TORONTO – Some private schools afraid they’d be blamed if a student gets COVID-19 are considering waivers to absolve them, but experts say that wouldn’t stop a parent from suing or a school from racking up legal bills. Toronto lawyer

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The issue with this waiver in trampoline personal injury lawsuit

July 22, 2020 by Greg Meckbach

An indoor trampoline operator has lost its bid to have a personal injury lawsuit from a customer dismissed on the grounds of a waiver. In Zaky v. 2285771 Ontario Inc., Ontario Superior Court Justice Clayton Conlan ruled there is a

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Nova Scotia university asks students to sign controversial COVID 19 waiver

July 14, 2020 Michael Tutton - THE CANADIAN PRESS

HALIFAX – A group of students, alumni and some staff at St. Francis Xavier University are pushing back against a legal waiver that students are required to sign if they want to return to classrooms in the fall amid a

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What to consider when using electronic waivers of liability

June 30, 2020 by Greg Meckbach

Waivers of liability do not necessarily have to be in paper form, but they are not a substitute for having a good risk management program in place, says one lawyer who has defended waivers in court. The question of whether

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Why waivers won’t necessarily protect clients from COVID-19 liability

June 22, 2020 by Greg Meckbach

Waivers of liability for disease transmission might protect commercial clients from lawsuits, but the industry will not know for sure until one is tested in an appeal court, a litigation defence lawyer suggests. A waiver will not, on its own,

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Why this ski resort’s waiver argument doesn’t cut it with appeal court

March 10, 2020 by Greg Meckbach

A British Columbia judge should not have used a North Vancouver ski resort’s warning notices to throw a personal injury lawsuit out of court, the province’s appeal court found in a ruling released March 4. In Apps v. Grouse Mountain

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How warning signs factored in this ski resort’s lawsuit defence

June 4, 2019 by Greg Meckbach

A warning sign and the plaintiff’s work experience were among the reasons a personal injury lawsuit against Vancouver’s Grouse Mountain Resorts Ltd. has been dismissed. Jason Apps was catastrophically injured while snowboarding in March, 2016 at Grouse Mountain. The ticket

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Does a business have to highlight a waiver of liability to a client?

April 4, 2019 by David Gambrill

A flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability

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Don’t give up on commercial waivers

January 29, 2019 by Jason Contant

Properly constructed and worded waivers will be upheld in court, with one commercial and insurance lawyer strongly recommending their continued use. “There are policies and procedures and ways to draft agreements where I promise you the waivers will be upheld,”

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One way to bullet-proof your waiver clause: Tribunal

January 14, 2019 by Greg Meckbach

The use of bold lettering and capitalization in a waiver clause helped a storage locker firm defend itself from a claim from a customer. Four storage units were broken into on Aug. 12, 2016. One of those units was rented

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How waivers of liability could be harder to enforce

January 10, 2019 by Greg Meckbach

The Supreme Court of Canada could make a landmark decision on whether clients facing personal injury lawsuits can enforce waivers in court. In Schnarr v. Blue Mountain Resorts Limited, the Court of Appeal for Ontario ruled in early 2018 that for

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Ontario government pushes for limits on waivers of liability

April 9, 2018 by Greg Meckbach

Waivers intended to reduce liability risk for sports and recreation companies should not protect those companies from lawsuits under the Consumer Protection Act, the Ontario government contends. In a ruling released March 28, the Court of Appeal for Ontario overturned