Aug 02, 2016 in News Personal Injury

Personal Injury: Waivers in Ontario: Waiving Your Rights

In the 2015 decision Levita v. Alan Crew et al. 2015 ONSC 5316, the court highlighted the importance of waivers as an effective 100% liability defense. In that case, Mr. Levita was injured while playing a hockey game in a non-contact hockey league. He sued the opposing player, Mr. Crew, for negligently causing the injury and the hockey league for allegedly allowing the opposing player to participate in the league. Prior to the tournament, the hockey league required all players to sign a waiver. The waiver set out the inherent risks of hockey including collisions with other players, pucks, boards, or ice-related injuries. The waiver released the hockey league from any liability for loss or injury that any player may suffer while playing hockey. During a hockey tournament, Mr. Levita and Mr. Crew contacted, causing Mr. Levita to fracture his tibia and fibula, requiring surgery. He was unable to work for three months and required substantial personal care. With respect to liability against Mr. Crew, the court held there was insufficient evidence to find liability: ?physical contact between the players which took place in this game occurred in the course of play and fell within the accepted inherent risks?. Inherent risks in the game of hockey included bodily contact, even in a non-contact league. With respect to the waiver, Mr. Levita argued that the hockey league failed to explain properly the terms of the waiver and thus, it should be voided. The court held that Mr. Levita should have satisfied himself that he understood the content of the waiver before signing. As such, the waiver could not be voided. The court further held that the waiver was clear and unambiguous in addressing the risks inherent in recreational hockey, and included the kind of injury that was suffered by Mr. Levita. The court held that the waiver constituted a complete defence to Mr. Levita's claim, and the action was ultimately dismissed.