Archives for: waiver

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 […]

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 […]