Injuries During Sporting Events: When Does A Participant Give Up His Right To Sue?

Last month my recreational hockey career was (temporarily) interrupted by a season-ending injury suffered during a game. While it would never occur to me to blame anyone for the injury, it is interesting to consider when a participant in a sporting event might actually have the right to sue someone who causes him or her an injury.

The issue was addressed by the Ontario Court of Appeal in the recent case of Kempf v. Nguyen.

This was a case arising out of an incident that took place in 2008 during a charity bicycle ride to benefit the Heart & Stroke Foundation.  In that ride, which was is an annual event, over 12,000 cyclists took to the Don Valley Parkway in Toronto.  The ride was open to cyclists of all abilities.  Participants could choose a 25, 50 or 75 kilometre route.  The road was closed to cars for the event.