Legal Question in Personal Injury in Canada
waivers
In the province of Ontario, Canada I had to sign an Adult/Minor/ Participant Waiver /Assumption of Risk Agreement for my 12 year old son to attend a birthday party where they were going to play indoor soccer. He was seriously injured there due to tripping over a doorway and had to have brain surgury due to a blood clot and spent 2 weeks in hospital.Can this waiver acctually be upheld in court to shift the responsiblity to to the person siging it and leave the facility in the clear or could it be thrown out because it is difficult to understand with all the legal wording in it. Also what does volenti non fit injuria mean and what is the purpose of a settlement conference.
1 Answer from Attorneys
Re: waivers
Waivers are a very controversial area of law, and the specifics of every case involving a waiver are very significant. I require more information before giving an opinion on the waiver.
Volenti non fit injuria means "voluntary assumption of risk". When you go skiing, for example, you know what the risks are. Was the injury outside of the usual risks of the activity?
A settlement conference is to see if the matter can be settled, that is, can the parties agree on a monetary amount so the matter will not go forward (to Trial, for example). A settlement involves an acceptance of financial compensation in exchange for a full and final release.
Once you settle, you can never sue again for that particular injury/tort.
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