Waivers: How Enforceable Are They?
Paul Cahill’s Summer 2022 article in OTLA’s Litigator on the enforceability of waivers in personal injury actions, with a detailed analysis of Arksey v Sky Zone Toronto.
August 1, 2022
Articles Tagged
Occupiers’ Liability
Occupiers’ liability is the area of law governing the duty owed by those who occupy or control premises to keep people on the premises reasonably safe. In Ontario it is governed by the Occupiers’ Liability Act, which sets out the duty of care owed by an occupier to visitors.
It intersects with the healthcare context where an injury occurs on the premises of a hospital, clinic, long-term care home, or other facility, for example a fall caused by an unsafe condition of the premises as distinct from a failure of clinical care. Distinguishing an occupiers’ liability claim from a medical negligence claim matters, because the duty, the standard, and the evidence differ: one concerns the safety of the physical premises, the other the adequacy of medical treatment.
Posts tagged Occupiers’ Liability analyze decisions involving premises-related injuries in healthcare and other settings and how they differ from clinical negligence claims.
Have a Case Like This?
Concerned about medical negligence?
Talk to Paul directly.
Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.