Archives for: liability

Helicopter Company Cannot Limit Liability in Work Related Accident

A recent decision of the Yukon Territory Supreme Court rejected an application by a helicopter company to limit its liability to its insurance policy limits in a work-related accident case. The motion arose out of an action brought by two passengers on a helicopter that crashed  on July 10, 2012, near Carcross, Yukon. Both passengers were Read more...

B.C. Court Upholds Waiver of Liability

In the recent decision, Niedermeyer v. Charlton, the British Columbia Supreme Court decided that a signed waiver absolving a driver of any liability can prevent a Plaintiff from claiming and collecting damages pursuant to the province’s automobile insurance scheme. The Plaintiff, Karen Niedermeyer, a teacher from Singapore, was returning from a zip-lining activity with six Read more...

Enforceability of a Waiver of Liability

A British Columbia Court of Appeal decision to enforce a waiver of liability has important implications for aviation related businesses that provide services for extreme sports (Loychuk v Cougar Mountain Adventures, [2012] BCJ No 504) . The case itself involved zip-lining and had no aviation component. However the Court’s analysis could be applied to those involved in Read more...