Winter Sports and Signing Waivers Require Caution

Author(s): Stacey L. Stevens*

November 14, 2019

Do you know that when you sign a waiver you are giving up your right to sue for you and/or your family‘s damages in the event you are injured while participating in a sport regardless of who is at fault?

In certain circumstances, fairness prevents the Waiver from being relied on.

Our Courts have set out a three-part test to determine whether a Waiver is valid.
 

The Key Points of the Three-Part Test:

 

  • Did you know what you were signing? or
  • Do the circumstances show that a reasonable person would know that you did not intend to agree to the liability release it contains?
  • Did the person presenting the waiver take reasonable steps to bring it to your attention?
  • Does the scope of the release cover the negligent conduct?
  • Should the waiver not be enforced because it is unconscionable or against public policy?

All of this is not to say you should stay home and avoid embracing in some winter fun. But…

Know your rights. Know what you are signing. Know what you are giving up.


Stacey Stevens is a partner and a personal injury lawyer at Thomson Rogers. Her practice is entirely devoted to helping people who have sustained serious personal injuries from car, motorcycle, boating accidents and slip and falls. Stacey’s expertise has been sought out in interviews on Canada AM, the Business News Network and CFRB Radio, and in newspapers and magazines including the Lawyer’s Weekly, Law Times, The Litigator and The Globe and Mail. Stacey can be reached at 416-868-3186 or by EMAIL.

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