Written on April 29, 2016.
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 […]
Written on January 2, 2013.
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 […]
Written on May 18, 2012.
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 […]