On January 12, 2017, the Court of Queen’s Bench for Saskatchewan released its summary judgment decision in Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd. (the “decision”). The decision focuses on the enforceability of an electronic liability waiver. Aaron Quilichini (“Quilichini”), the plaintiff, claimed damages for negligence causing bodily injuries and/or breach of contractual obligations against Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd. (“Velocity”) (collectively the “defendants”). The injuries were suffered during a go-kart race which took place in a venue operated by Velocity. Quilichini claimed that the throttle on the go-kart he was operating did not work, which caused him to crash into a cement barrier at full speed. The defendants sought a summary judgment dismissing the claim of Quilichini on the basis that he executed an electronic liability waiver. The judge determined that the executed electronic liability waiver was as binding as a signed hard copy. As many organizations, including charities and not-for-profits, are using electronic forms of liability waivers instead of traditional hard copy forms, the decision upholding the enforceability of the electronic format waiver is an example of the law adapting with use of technology.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 404.