Renting a kayak or other recreational equipment during the summer can be an inexpensive way to enjoy your time at the lake. HSH Partner, Renée Vinett, quoted in this article on BayToday.ca on the enforceability of waivers signed when doing recreational activities.
Generally the courts have found waivers to be valid and enforceable.
In this article Renée says:
A challenge to the validity entails a legal analysis of the specific wording of the waiver itself and the circumstances surrounding the signing of the waiver. However, the courts have held that where an operator “knew it was putting the public in danger by providing a substandard product or service, or was reckless as to whether it was doing so”, it would be contrary against the public policy to allow the operator to avoid liability. Unfortunately, the court must find that the conduct of the operator was reprehensible in the circumstances.
Renée recommends that individual's refrain from signing a waiver unless they are comfortable with the risks associated with the activity as the waiver is likely to be found enforceable.
About Howie, Sacks & Henry
Howie, Sacks & Henry was formed in 2000. As one of Canada’s top personal injury Law Firms, the Firm’s mission is to handle serious personal injury cases with compassion and professionalism, ensuring that their clients receive adequate compensation for their pain, suffering, damages and future needs.
About Renée Vinett
Renée Vinett is a partner at Howie, Sacks and Henry, whose practice is devoted to fighting for the rights of injured accident victims and their families in a wide range of personal injury matters. Renée has been a registered nurse for more than 25 years, with experience in disability management in both the United States and Canada.