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ARTICLE · 17 FEBRUARY 2017

Saskatchewan Court Upholds Electronic Waiver As Enforceable

McCarthy Tétrault
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The Saskatchewan Court of Queen's Bench recently upheld an electronic waiver as enforceable in Quilichini v Wilson's Greenhouse, 2017 SKQB 10.

CanadaLitigation, Mediation & Arbitration
CyberLex Blog
CyberLex Blog
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The Saskatchewan Court of Queen's Bench recently upheld an electronic waiver as enforceable in Quilichini v Wilson's Greenhouse, 2017 SKQB 10.

The plaintiff in the case was injured while go-karting at a racing facility operated by Velocity, a business owned by the defendant Wilson's Greenhouses. It was contended by the plaintiff that the defendants either: (a) breached their contractual obligations to maintain the go-kart in sufficient working condition, or (b) engaged in a negligent breach of the same obligation.

The defendants contended that the plaintiff's injuries were incurred as a result of his own conduct, including driving at excessive speed. Moreover, the defendants brought an action for summary judgement dismissing the plaintiff's action, given that the plaintiff executed an electronic form of waiver and release that the defendants argued was binding on him.

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