Waive Liability Goodbye: Takeaways From Bernier v. Ville D'Ottawa

InBernier (Litigation Guardian of) v. Ottawa (City), 2024 ONSC 6725, the plaintiff sought damages for injuries she suffered while participating in a cycling event in 2018. The defendants sought summary judgment, arguing the waiver released them from any liability for negligence. The primary issue before the Ontario Superior Court of Justice was whether the plaintiff's action was barred either by the signed waiver or because the plaintiff voluntarily assumed the risk of injury.

The plaintiff was an experienced cyclist and volunteer ride ambassador for the event. She had volunteered for this event in the past. During this particular cycling event, she fell at a railroad crossing along the route and sustained injuries. She alleged that the defendants were negligent in failing to warn participants of the hazard at the railroad crossing and in maintaining the roadway.