A decision, released on July 13, 2016, of the Ontario Superior Court of Justice in Arif v Li again highlights the importance of liability waivers as an effective liability shield. Mr. Arif (the “plaintiff”) suffered injuries while rock climbing and sued several parties he alleged were legally responsible. On a motion for summary judgment brought by the defendants, they relied on signed liability waivers as a full defence to the lawsuit. The defendants in this case were Zen Climb, its president Mr. Xiaoping Li, and the Halton Region Conservation Authority, which owned the property where the climb took place. The court upheld the executed liability waivers, granting summary judgment dismissing the action against all defendants.
For charities and not-for-profits, an important part of risk management in relation to programs, events and activities is the consistent use of liability waivers. A well-drafted waiver may provide a complete defence to injury or property damage claims.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 391.