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Results: 1-7 of 7

Manslaughter charges arise from alleged Liqor Licence Act violations

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • July 20 2012

Fast on the heels of the successful prosecution of Metron Construction for criminal negligence arising from the deaths of four of its workers in December 2009, wrongful act manslaughter charges have been laid against the two owners of the Angry Beaver bar located in Belleville, Ontario

"Zipping" liability in the bud: Zip-line waiver withstands court's scrutiny

  • McMillan LLP
  • -
  • Canada
  • -
  • June 14 2012

The British Columbia Court of Appeal recently upheld a lower court decision that two customers who signed waivers before embarking on a Zip-Trekking outing were prevented from suing Cougar Mountain Adventures Ltd

BCCA adresses Tercon test for public policy and exemption clauses

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • March 19 2012

In its well-known decision in Tercon Contractors, the Supreme Court of Canada set out a three-part test for the enforceability of contractual exemption clauses

The enforceability of standard form waivers - do I really have to sign this?

  • Lawson Lundell LLP
  • -
  • Canada
  • -
  • November 16 2011

Anyone who has ever participated in a recreational or sporting activity, whether offered by a community organization or commercial operator, will be familiar with the types of release and waiver forms invariably required to be signed as a condition of participation

Cheesecake containing nuts not reasonably fit for purpose disclosed by allergic consumer

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 17 2011

Brian Martin ordered a piece of cheesecake at the Travelodge in Melfort, Sask

Dilkas v Red Seal Tours Inc. (Sunwing Vacations) 2010 ONCA 63, released 4 October 2010

  • WeirFoulds LLP
  • -
  • Canada
  • -
  • October 20 2010

This was an appeal from a decision dismissing a motion challenging jurisdiction of the Ontario court and the convenience of the Ontario forum

Long-arm jurisdiction revisited in Ontario

  • McMillan LLP
  • -
  • Canada
  • -
  • April 28 2010

In recent years, there has been significant debate as to whether some Canadian courts have been overreaching in finding that they have jurisdiction over non-resident parties