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ARTICLE · 06 AUGUST 2019

Minors – The Special Case Of Liability Waivers

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The situation is different when the activity participant is a minor.

CanadaInsurance
Ryan Morasiewicz
Ryan Morasiewicz
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A liability waiver is a legal document – a contract – that a participant in an activity signs to waive his or her legal right to sue for compensation in case of an injury (or death) during participation in the activity. Waivers are a matter of course in the outdoor/adventure industry, and their execution is usually a pre-condition of participation in the activity.

If a participant in the activity is injured and decides to sue, the business will seek to have the courts enforce the waiver and have the lawsuit dismissed. This is by no means a certain result, but it is well established in Canadian law that a liability waiver can be upheld and the case dismissed – if the waiver was properly drafted and if it was administered according to best practices.

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