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Keyword
waiver

News Claims

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

News ClaimsInsuranceLegal

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

News InsuranceLegal

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,”

News Legal

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

News ClaimsLegal

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

News InsuranceLegal

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

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Personal injury lawsuit against bike park operator dismissed due to wording of waiver signed by plaintiff

June 26, 2017 by Canadian Underwriter

Insurers of mountain bicycle riding parks should be able to “breathe a sigh of relief” due to a recent court decision from British Columbia, a blogger with an insurance law firm wrote in a recent post. Dr. Blake Jamieson suffered

News InsuranceLegal

Court ruling that injured Ontario workers cannot contract out of right to sue employers under appeal

May 30, 2016 by Canadian Underwriter

A defendant in a lawsuit filed by an employee injured in a go-kart collision is applying for leave to appeal to the Supreme Court of Canada, the court announced Friday. Ontario’s Workplace Safety Insurance Act essentially prohibits employees from suing