The Clearer The Better: Child's Waiver Does Not Bar Parent's Suit

In Paksa v. Ontario Gymnastics, 2019 ONSC 7019 (Paksa), a summary judgment motion brought by the defendant, the Court considered whether a waiver signed by the plaintiff was a complete bar to her claim against a gymnastics company.

In Paksa, the plaintiff enrolled her son in a toddlers' gymnastics program operated by the defendant. On the first day of class, she signed a waiver of liability. During the next class, she was injured while supervising her son when she stepped down from a mat and fell to the floor. She alleged the mat was unstable.

The decision

The Court considered whether the waiver the plaintiff signed applied to her own injuries or whether the waiver only related to possible injuries suffered by her son. In arguing that the waiver contemplated claims pursued by the plaintiff herself, the defendant argued that the waiver applied to the participant's next of kin. In particular, the waiver included the following (emphasis added):