7 and 9 of the CPA vitiate or void an otherwise
valid waiver of liability under s. 3 of the OLA, where the party seeking to rely on the waiver is both a «supplier» under the CPA and an «occupier» under the OLA.
The company responded with a motion for summary judgment, claiming that the family signed
a valid waiver of liability.
Not exact matches
The Court
of Appeal concluded that s. 3 (3)
of the OLA governed and that the defendants»
waivers of liability were therefore
valid.
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.
The decision, which personal injury lawyers believe will have implications across the province, essentially affirms that
liability waivers are
valid and that they are an effective defence against these types
of civil actions.