Jan 2018 Charity & NFP Law Update
On September 28, 2017, the Ontario Superior Court of Justice released its decision in Anderson v Confederation College. The decision involved a summary judgment motion by the defendant, a registered charity and a college of applied arts and technology, seeking an order to dismiss the claim by the plaintiff (“Anderson”) on the basis that Anderson had signed an “Informed Consent Form for Physical Activities” (the “Consent Form”) that barred his claim. In its decision, the court determined that the liability waiver wording in the Consent Form did not bar Anderson’s claim. This Bulletin reviews this decision, as well as the importance of properly drafted liability waivers and risk management practices for charities and not-for-profits.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 414.