Nearly every recreational activity offered today requires the
participant to sign a waiver of liability. Skiing, spin classes,
kid's field trips- waivers have become so common place that
people don't think twice about signing them. But what effect do
these waivers really have? If you or your child is injured after
you've signed a waiver, does that truly mean you have no legal
recourse?
In theory, that is exactly the effect a waiver has. They are
intended to be legally binding contracts by which you waive your
right to sue an individual or organization for injuries or losses
you sustain, even if such injury or loss was due to their
negligence. The courts have held varied decisions on their
enforceability over the years; however, as the law currently
stands, liability waivers are largely upheld in Ontario.
