Waivers and Releases in Sporting Activities – Do They Work?
Waivers of Liability Agreements in Ontario When you sign a document waiving liability, can it prevent you from obtaining damages if you are injured? In short, it depends on the circumstances, including the content of the written waiver. Persons use waivers to protect themselves from liability. You often see waivers being signed when a person participates in an activity that carries risk of injury such as martial arts, sports etc. When a waiver is signed, it usually indicates that there is a recognized risk of injury when participating in a given activity. In the recent 2015 case of Levita v. Alan Crew et al., the Ontario Superior Court of Justice analyzed the issue of waivers and how they can be enforced. The Court reviewed the effectiveness of persons …
Treating Health Care Providers (Physicians) – Can they provide expert or other evidence at trial?
Can A Treating Medical Practitioner Give Evidence at Trial? By Charles Thompson, QTMG Injury and Accident Lawyers, Ottawa, on June 2, 2015 In the recent case of Westerhof v Gee Estate, 2015 ONCA 206, the Ontario Court of Appeal discussed the distinction between a litigation expert (an expert retained by counsel to give expert opinion evidence), and a participant expert (an expert such as a doctor who has formed an opinion based on their own involvement with the events at issue and is called by counsel to give that opinion). The court concluded that it is not necessary for a participant expert to produce an expert’s report in accordance with Rule 53.03 in order to give their expert opinion at trial. The Westerhof decision is significant for the …