The Ontario Superior Court of Justice recently dismissed a personal injury lawsuit related to a cycling event, citing that a signed liability waiver precluded the plaintiffs' claims. The decision protected the event organizers and the municipality from allegations of negligence. The case arose from an incident where a cyclist, acting as a “ride ambassador” to support other participants, fell at an intersection where the event route crossed railroad tracks. The plaintiffs argued that the organizers and municipal authority failed to address or warn of hazards, particularly at the site of the accident.
Before participating in the event, the plaintiff signed a “Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement.” The waiver explicitly required participants, including volunteers, to assume all risks and release the organizers from any liability for injuries or damages, even those resulting from negligence. Despite these terms, the plaintiffs challenged the waiver’s enforceability. They argued that the waiver was provided via email without explanation and that they believed it applied only to paying participants.
The court dismissed these claims, finding the waiver’s language to be clear and unequivocal in its application to both participants and volunteers. It emphasized that the plaintiff, an experienced cyclist, had ample time to review the document and had signed an identical waiver in a prior year. The court noted that the lack of explanation did not invalidate the waiver since the plaintiff voluntarily signed the document without fully reading it.
Ultimately, the court held that the waiver barred all claims arising from negligence, including those related to route conditions and the organizers’ conduct. It found that a reasonable person signing the document would have understood that it released the defendants from liability for risks associated with the event. As a result, the plaintiffs’ primary claim and the derivative Family Law Act claims brought on behalf of their children were dismissed.
This ruling underscores the enforceability of clearly worded and voluntarily signed waivers in recreational activities. It reaffirms that participants who agree to such terms may have limited legal recourse, even in cases involving negligence.
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