The OLA permitted them to
obtain waivers of liability, while the CPA prohibited it.
In other words, as the Court noted, the OLA permits an occupier who supplies services to
obtain a waiver of liability, while the CPA prohibits it.
And indeed, many if not most occupiers who
obtain a waiver of liability will do in the context of supplying services.
Put another way, it is more likely that an occupier who
obtains a waiver of liability will be a supplier of services than it is that a supplier of services who
obtains a waiver of liability will be an occupier.
«The CPA precludes a supplier from
obtaining a waiver of liability.
«The OLA permits an occupier to
obtain a waiver of liability,» wrote Justice Ian Nordheimer on behalf of the panel.
The OLA permits an occupier to
obtain a waiver of liability.
Not exact matches
The upshot
of the decision in Schnarr is that
waivers of liability will be valid if they relate to personal injury or property damage on a premises and are
obtained by the occupier
of that premises.
Despite Recommendation 11, a commercial recreational operator should be able to
obtain a
waiver excluding its
liability for personal injury and death arising from the physical configuration and condition
of the facility or site
of a race, if the racer certifies that he or she has had an opportunity to examine the same and is willing to participate