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ARTICLE · 01 APRIL 2016

Waiver Of Liability vs. Public Policy – Which Takes Precedence?

McCague Borlack LLP
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A waiver of liability is one of the most effective means that an occupier can employ to protect itself from liability arising from dangerous activities on its property.

CanadaInsurance
James Tomlinson
James Tomlinson
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INTRODUCTION

A waiver of liability is one of the most effective means that an occupier can employ to protect itself from liability arising from dangerous activities on its property. If properly implemented, a waiver can completely bar a claim brought by an injured party as against an occupier.1

Firstly, this paper will provide an overview of the law as it pertains to waivers. This paper will discuss the Occupiers' Liability Act2and the pertinent and relevant cases that set out the law surrounding waivers. This paper will investigate the test for determining the applicability and effectiveness of waivers, as decided in Isildar v Rideau Diving Supply3. Additionally, this paper will discuss the case of Loychuk v Cougar Mountain Adventures Ltd.4 and the implications of the findings of the British Columbia Court of Appeal (the "BCCA") regarding the implementation of waivers.

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