Charity & NFP Law Bulletin No. 384, April 28, 2016
On January 26, 2016, the Ontario Court of Appeal released a significant decision concerning the enforceability of personal injury liability waivers affecting the legal rights of employees to sue their employers for injuries arising in the course of their employment duties. In Fleming v Massey (“Fleming”), the Court of Appeal held that the waiver signed by the employee was not enforceable as a matter of public policy. In allowing the appeal, the Court of Appeal overturned the judgment of the trial judge, who had granted summary judgment dismissing the employee’s lawsuit based on the waiver. This Charity & NFP Law Bulletin will review the Fleming decision, which has implications for all Ontario employers, including charities and not-for-profits.
For the balance of the Bulletin, please see Charity & NFP Law Bulletin No. 384.