Personal Injury and Waivers in Ontario: What Courts Really Say

Whether you’re hitting the gym, attending a trampoline park, or participating in a recreational event, chances are you’ve been asked to sign a liability waiver. These documents are designed to protect businesses from legal claims if someone gets injured. But what happens if you do get hurt—can you still sue even after signing one?

If you’re in Pickering or Courtice and wondering whether you have legal options after an injury, this article breaks down what liability waivers really mean under Ontario law, and how a personal accident lawyer in Pickering or an accident lawyer in Courtice can help protect your rights.

What Is a Liability Waiver?

A liability waiver is a legal document that attempts to release a business or organization from responsibility if you’re injured while participating in an activity. It’s common in high-risk environments like gyms, ski hills, amusement parks, and fitness classes.

By signing, you’re essentially acknowledging the risks involved and agreeing not to hold the provider liable for injuries. But that doesn’t mean the waiver is bulletproof.

How Enforceable Are Waivers under Ontario Law?

Generally, courts in Ontario do uphold liability waivers—but only if certain legal standards are met. For a waiver to be enforceable, it must:

• Clearly outline the risks and potential injuries, including those caused by negligence.

• Be presented in a way that gives you reasonable notice of what you’re signing.

• Be written in clear and understandable language.

• Be signed voluntarily, without fraud, misrepresentation, or coercion.

If any of these conditions are not met, the waiver may not hold up in court.

A strong example of this is the case of Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380 (CanLII), where the plaintiff was seriously injured while attempting a backflip at Sky Zone, an indoor trampoline park. Although he had signed an electronic waiver at a kiosk, the Ontario Superior Court found that there was a genuine issue requiring trial. The plaintiff testified that he was rushed through the signing process and was told to be “quick” or risk losing jump time. The waiver’s terms were not highlighted, bolded, or otherwise emphasized, and the plaintiff had no prior familiarity with its contents. The court emphasized that for a waiver to be enforceable, the business must take reasonable steps to bring its terms to the participant’s attention. In this case, the lack of clear communication and presentation raised enough concern to deny the defendant’s motion for summary judgment.

This decision reinforces that enforceability hinges not just on the existence of a waiver, but also on how it is presented and understood by the person signing it.

Exceptions to Liability Waivers: When Legal Action Is Still Possible

Even if you signed a waiver, you may still have grounds to sue in Ontario under the following circumstances:

1. Negligence Beyond the Scope of the Waiver

If the injury was caused by something not covered in the waiver—like faulty equipment, poor maintenance, or staff misconduct—you may still have a case. For example, if you trip over a cleaning tool left on a gym floor, that may not be a risk you agreed to waive.

A relevant illustration is the case of Bernier v. Ottawa (Ville), 2024 ONSC 6725 (CanLII), where a volunteer at a cycling event was injured after falling at a railroad track intersection. Although she had signed a waiver releasing the organizers from liability, she argued that the waiver was unenforceable due to lack of clarity and context. The court ultimately upheld the waiver, but the case highlighted that waivers must clearly define the scope of risks being waived and be properly communicated. If an injury arises from circumstances outside those defined risks—such as unexpected hazards or negligent conduct not reasonably disclosed—the waiver may not protect the business or organization from legal action.

2. Failure to Provide Reasonable Notice

If the waiver was buried in fine print or rushed through without explanation, courts may find that you weren’t properly informed. Businesses must take reasonable steps to ensure you understand what you’re signing.

A key Ontario case that reinforces this principle is Schnarr v. Blue Mountain Resorts Limited, 2018 ONCA 313 (CanLII), where the Ontario Court of Appeal upheld the enforceability of a waiver signed by a skier as a condition of purchasing a season pass. While the waiver was ultimately enforced, the Court emphasized that such waivers are only valid if they meet common law standards—including the requirement that the signatory be given adequate notice of the waiver’s legal implications. The decision clarified that even under the Occupiers’ Liability Act, a waiver must be clearly communicated and not hidden in fine print or presented in a rushed manner. This case confirms that reasonable notice remains a cornerstone of waiver enforceability in Ontario.

3. Misrepresentation or Fraud

If you were misled about the nature of the document or pressured into signing it, the waiver could be invalid. This includes cases where the waiver was disguised as a simple registration form.

A foundational case that supports this principle is Karroll v. Silver Star Mountain Resorts Ltd. 1988 CanLII 3294 (BC SC), where the plaintiff signed what she believed was a routine race registration form, not realizing it included a release of liability. The court found that while the waiver was ultimately upheld in that instance, it emphasized that a waiver may be unenforceable if the signer was misled or not given a fair opportunity to understand its legal implications. If a waiver is presented in a rushed or informal manner, without explanation of its legal effect, courts may find that it lacks the informed consent necessary for enforceability.

4. Unconscionable or Against Public Policy

If the waiver is overly broad or unfair, courts may refuse to enforce it. For instance, a waiver that tries to absolve a business from all responsibility—even for gross negligence—may be deemed unconscionable. A leading example is the Supreme Court of Canada’s decision in Crocker v. Sundance Northwest Resorts Ltd. 1988 CanLII 45 (SCC), [1988] 1 SCR 1186, where the plaintiff was seriously injured during a tubing competition while visibly intoxicated. Although he had signed a waiver, the Court found it unenforceable due to the resort’s gross negligence and the unconscionable circumstances under which the waiver was signed. The ruling made it clear that waivers cannot shield businesses from liability when they act recklessly or fail to take reasonable steps to protect participants, reinforcing that public policy limits the scope of enforceable waivers.

Understanding Your Rights with Expert Legal Support

Navigating liability waivers and personal injury law can be complex. That’s why speaking with a personal accident lawyer in Pickering or an accident lawyer in Courtice is crucial. A skilled attorney can:

• review the waiver and assess its enforceability.

• investigate the circumstances of your injury.

• determine if negligence played a role.

• help you pursue compensation for medical costs, lost wages, and pain and suffering.

Legal Options Still Exist—Here’s How We Can Help

Signing a liability waiver doesn’t automatically mean you’ve given up your right to sue. Ontario courts look closely at the language, context, and conduct surrounding the waiver. If you’ve been injured and believe negligence was involved, don’t assume you’re out of options.

At Kelly Greenway Bruce, our experienced team is here to help you understand your rights and fight for the compensation you deserve. Contact us today for a free consultation with a personal accident lawyer serving Pickering or an accident lawyer serving Courtice.