Knowledge Centre

New Trial Ordered After Jury Inappropriately Discharged

Mitch Kitagawa and Brent Craswell
June 2015 Kelly Santini LLP, Ontario

Kempf v Nguyen, 2015 ONCA 114 – During a fund raising bike event, Kempf and Nguyen collided resulting in serious injuries to the former. Kempf sued Nguyen, arguing that Nguyen negligently manoeuvred his bicycle while riding in a tight formation. Prior to the race, both parties had signed a poorly-worded waiver; it was unclear whether the waiver barred participants for claiming against others cyclists for injuries sustained during the ride.

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