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Tort Law - Defences - Voluntary assumption of risk (volenti non fit injuria) - Waiving right of action - Sporting events

Thursday, December 08, 2016 @ 7:00 PM  

Appeal by the plaintiff from the motion judge’s decision refusing to determine a question of law and to strike out a paragraph of the Statement of Defence. When the plaintiff was 15 years of age, he was rendered a paraplegic as a result of an accident that occurred during a motocross competition. Prior to participating in the event, the plaintiff and his father both signed a waiver in favour of some of the respondents. The plaintiff commenced an action through his litigation guardian, in which he...