Risk Management Considerations for Waivers of Liability

In Loychuk v. Cougar Mountain Adventures Ltd. (2011), 81 C.C.L.T. (3d) 89, 2011 CarswellBC 275 (B.C. S.C.), the plaintiffs suffered injuries as a result of a collision while riding the defendant's zip line. The collision occurred when one plaintiff was negligently cleared to go from the top of the line when the other plaintiff remained suspended on the line near the bottom. The defendant company applied successfully to have the claim dismissed on the grounds that each plaintiff had signed a waiver of liability.