Many of us have had the experience of being presented with a
waiver to sign before participating in a recreational activity.
What is the effect of signing such a document?
This issue was again recently considered in the case of Zaky
v 2285771 Ontario Inc. cob Sky Zone Indoor Trampoline
Park1.
In that case, the Plaintiff was seriously injured while
attempting a backflip at an indoor trampoline park. He brought a
lawsuit against the trampoline park, Sky Zone. Sky Zone brought a
motion to the Court for summary judgment, seeking to dismiss the
Plaintiff's claim on the basis that he had signed a waiver.
The Plaintiff had signed an electronic waiver at an electronic
kiosk. The waiver was titled: "Assumption of Risks, Release of
Liability, Waiver of Claims and Indemnity Agreement". It
stated, among other things:
