Western Canada Business Litigation Blog

Category Archives: Insurance

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When is an enforceable Release of Liability not enforceable? Neidermeyer v. Charlton

Posted in Commercial, Insurance, Torts
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In 2012, the B.C. Court of Appeal decided the case of Loychuk v. Cougar Mountain Adventures Ltd.(discussed in an earlier blog post) In doing so, the Court made a clear pronouncement that people injured while taking part in inherently dangerous activities will be precluded from suing a commercial operator where they signed a release waiving… Continue Reading

Ski Buddies: Is there a Duty of Care?

Posted in Estate Litigation, Insurance
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Some time ago, I wrote a blog post about a Court of Appeal decision that upheld, and arguably extended, the enforceability of liability waivers and releases signed by customers of commercial enterprises.  That particular case involved zip-lining, an activity the court described as an inherently risky recreational adventure.  While that decision served as confirmation that… Continue Reading

Thrill Seekers Are Bound By Releases When Things Go Wrong

Posted in Commercial, Insurance
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The B.C. Court of Appeal recently upheld, and arguably extended, the enforceability of liability waivers and releases signed by customers of commercial enterprises.  The decision, Loychuk v. Cougar Mountain Adventures Ltd., is a strong affirmation that participants in inherently risky recreational adventures who sign releases will not be able to sue if they are injured,… Continue Reading

The Enforceability of Standard Form Waivers – Do I Really Have to Sign This?

Posted in Commercial, Insurance
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Anyone who has ever participated in a recreational or sporting activity, whether offered by a community organization or commercial operator, will be familiar with the types of release and waiver forms invariably required to be signed as a condition of participation.  Such forms typically purport to release the operator from liability for any and all… Continue Reading