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ARTICLE · 23 JULY 2020

Trampoline Injury: Defendant's Motion To Enforce Waiver Dismissed

Rogers Partners LLP
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In Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380, the plaintiff went to an indoor trampoline and fun park, Sky Zone, in Mississauga, Ontario.

CanadaLitigation, Mediation & Arbitration
Brian Sunohara
Brian Sunohara
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In Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380, the plaintiff went to an indoor trampoline and fun park, Sky Zone, in Mississauga, Ontario. While attempting a backflip, he landed hard on his head and sustained a fractured vertebrae in his neck that required surgery.

The defendant brought a summary judgment motion seeking a dismissal of the action on the basis of an electronic waiver document that was signed by the plaintiff. The waiver purported to release Sky Zone from all claims.

The plaintiff provided unchallenged evidence that he was told to be "quick" in signing the waiver at an electronic kiosk or else his jump time on the trampoline would be reduced or delayed. Further, according to the plaintiff, the defendant did not communicate anything to him about the contents of the waiver.

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