Knowledge Centre

Look Before You Leap: Waivers of Liability Survive Scrutiny of the Supreme Court of Canada

October 2012 Lindsay LLP, British ColumbiaBritish Columbia

On March 15, 2012, the British Columbia Court of Appeal dismissed the claims of two women, who suffered minor injuries in a zip-line accident, on the basis that there was a valid and enforceable exclusion of liability clause in the contract they made with the operator. The appellants sought leave to appeal this decision to the Supreme Court of Canada.  On September 27, 2012, the Supreme Court of Canada dismissed the plaintiffs’ application.

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