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With parental waivers, due diligence is key

Thursday, April 13, 2017 @ 10:25 AM | By Donalee Moulton

Parental waiver forms are intended to protect risky businesses from lawsuits when kids get injured. When accidents happen and tragedy strikes, however, the effectiveness of the waiver is often questioned. In Canada, there does not seem to be a consistent answer. Now a decision from the Court of Appeal of New Brunswick simultaneously suggests parental waivers are enforceable — and potentially not worth the paper they are written on.

Generally, there is no Canadian common law with a legal pronouncement on the issue of parental waivers,...