The case arose from injuries sustained during an accident at a cycling event
The Ontario Superior Court of Justice dismissed a lawsuit over injuries sustained during a cycling event, ruling that a signed liability waiver barred the claims and protected the organizers and municipality from negligence allegations.
The case arose from a fall that occurred at an intersection where the route crossed railroad tracks. The cyclist had been participating in the event as a "ride ambassador," a volunteer role involving support for other participants. In their legal claim, the plaintiffs alleged that the event organizers and the municipal authority had failed to address or warn about hazards along the route, including the conditions at the accident site.
Before the event, the plaintiff signed a waiver titled "Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement." The waiver explicitly stated that participants, including volunteers, assumed all risks associated with the event, including those arising from negligence. The document also required signatories to release the organizers and associated parties from any claims for injuries or damages.
The plaintiffs argued that the waiver was unenforceable because the event organizer provided it by email without explanation and because the plaintiff believed it applied only to paying participants. The court disagreed, determining that the waiver's language was clear and unequivocal in its application to participants and volunteers.
The Superior Court ruled that the plaintiff, an experienced cyclist, had adequate time to review the document and was familiar with its terms, having signed an identical waiver in the previous year. The court emphasized that the absence of an explanation did not undermine the waiver’s enforceability, as the plaintiff chose to sign the document without fully reading it.
The court also found that the waiver explicitly barred claims arising from negligence, including those related to route conditions and the organizers' actions. The court concluded that a reasonable person signing the document would have understood that it released the defendants from liability for risks like those associated with the accident.
As the waiver barred the primary claim, the dependent claims brought on behalf of the children were also dismissed under the Family Law Act. The ruling reinforces the principle that waivers, when clearly worded and voluntarily signed, can effectively limit liability in recreational activities.
Ultimately, the court was satisfied that no genuine issue required a trial and dismissed the plaintiffs' claims.
