In this episode of Civil Banter, our hosts Hamish and Stan dive into a topic that affects almost everyone: waivers. After kicking things off with some life updates, the topic turns to a core legal question: What is a waiver, and when will it actually stop you from suing if you’re injured? Using a recent 2024 Ottawa court decision (Bernier v. City of Ottawa) as a case study, Hamish and Stan break down how courts analyze waivers, why the specific wording matters, and how factors like timing, experience, and the nature of the activity can determine whether a waiver is enforceable. The episode wraps with practical takeaways for both event organizers and participants, reminding listeners that when it comes to waivers (as with many things in law) it depends.
In this episode of Civil Banter, Hamish and Stan break down what waivers are and when they can prevent someone from suing after an injury. Using a 2024 Ottawa case (Bernier v. City of Ottawa), they explain how courts assess waivers and why wording, timing, and context matter. As always, the takeaway is simple: when it comes to waivers, it depends.