Before clients sign contracts, check for waivers of subrogation
February 10, 2022 Michael CareyAs part of business, insureds and their customers sign contracts setting out the terms of their arrangements regarding price, payment terms, delivery schedule and more. But boilerplate legal terms, which often aren’t even read, also contain binding terms and may…
The issue with this waiver in trampoline personal injury lawsuit
July 22, 2020 by Greg MeckbachAn 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…
Nova Scotia university asks students to sign controversial COVID 19 waiver
July 14, 2020 Michael Tutton - THE CANADIAN PRESSHALIFAX – 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…
What to consider when using electronic waivers of liability
June 30, 2020 by Greg MeckbachWaivers 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…
Why waivers won’t necessarily protect clients from COVID-19 liability
June 22, 2020 by Greg MeckbachWaivers 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,…
Why this ski resort’s waiver argument doesn’t cut it with appeal court
March 10, 2020 by Greg MeckbachA 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…
How warning signs factored in this ski resort’s lawsuit defence
June 4, 2019 by Greg MeckbachA 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…
Does a business have to highlight a waiver of liability to a client?
April 4, 2019 by David GambrillA 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…
One way to bullet-proof your waiver clause: Tribunal
January 14, 2019 by Greg MeckbachThe 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…
How waivers of liability could be harder to enforce
January 10, 2019 by Greg MeckbachThe 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…