A waiver (or release) is an incredibly common and powerful clause. Hardly a day goes by without coming across one or more of them. Getting on a chairlift or a ferris-wheel, parking a car, or even leaving clothing at a dry cleaner often involves agreeing to a waiver. A waiver is an agreements not to…
What is an Apology and What is the Apology Act? Many people know that a simple, sincere apology, can avoid a lot of legal trouble. Whether you might have caused a car accident, said something defamatory, broken a contract, or perhaps even committed a minor criminal offence, an expression of remorse can go a long…
Video Blog: ICBC Hit and Run Claims British Columbia insurance law makes sure that every vehicle licensed in this province carries at least basic coverage of $200,000 in third party liability insurance through ICBC. This basic level of required ICBC coverage means that if someone else injures you with their vehicle, you at least have some…
Video Blog: School Zones, Speeding Cyclists and BC Law Last week a local cyclist was ticketed for speeding in a school zone. The event attracted considerable news attention and a lot of discussion on social media – with many wondering if speeding cyclists are subject to the Motor Vehicle Act. In this week’s video blog we…
Video Blog: Are Waivers (for Accidents) Enforceable in BC? This week I am going to talk about the enforceability of waivers, which are incredibly common and powerful clauses in contracts we all come across almost every day. From getting on a chairlift or a ferris-wheel, to renting a car, a bicycle or piece of garden equipment,…
Video Blog: Unsafe Premises, an Overview of Occupiers Liability Law in British Columbia In British Columbia the law provides that a person who is in physical possession or control over premises has duty of care to see that another person, and that person’s property, is reasonably safe in using the premises (basically, a law against…
When is a Liability Waiver Effective? Giving up, or waiving, the right to claim for the consequences of someone else’s carelessness is something we all frequently do. A surprising number of activities we regularly engage in involve a written, but often unseen, contract which contains a “waiver” clause, being a promise not to sue for…
Captain Black decided to sell his tug and barge to a fellow from up the coast who wanted to start a dock building business. His wife and warmer weather begged for Black’s attention. Black signed the bills of sale and pushed them across the sticky galley table. Hiding his delight Black pulled the bank draft…
On November 6, 2009, a 16 year-old British Columbian who was riding his bike on a country road was forced off the road by an unidentified driver who was unaware of the cyclist’s presence. As a result, the cyclist fell down a rocky embankment and was injured in his fall. At the time of the…
