A Canadian Waiver of Liability, also known as an Assumption of Risk Agreement, is a pre-activity legal document in which a participant voluntarily acknowledges the inherent risks of an activity and agrees to waive the right to bring future claims against the activity provider for injuries, property damage, or losses that may occur during participation. Unlike a release (which deals with existing or past claims), a waiver is forward-looking and is signed before the activity takes place.

The legal enforceability of waivers in Canada is governed by a combination of common law doctrine and provincial statute. The Supreme Court of Canada recognized the doctrine of volenti non fit injuria (“no wrong is done to one who consents”) in Dyck v. Manitoba Snowmobile Association, [1985] 1 S.C.R. 589, establishing that a participant who freely and voluntarily assumes the risk of an activity cannot later recover damages for injuries arising from that risk. However, the defence requires more than mere awareness of danger: the participant must have understood and accepted the legal consequence of giving up the right to sue.

The enforceability standard for written waivers was refined in the landmark British Columbia decision Karroll v. Silver Star Mountain Resorts Ltd. (1988 CanLII 3294, B.C.S.C.), which established a two-part test: a waiver is binding unless the plaintiff can demonstrate (1) that a reasonable person would have known the plaintiff did not intend to agree to the waiver, and (2) that the defendant failed to take reasonable steps to bring the content of the waiver to the plaintiff’s attention. Courts assess factors including the clarity of the waiver language, the presence of a clear heading identifying the document as a legal waiver, the format and length of the document, the time available for reading, and whether the risks were specifically described.

Provincial Occupiers’ Liability Acts (Ontario: R.S.O. 1990, c. O.2; British Columbia: R.S.B.C. 1996, c. 337; Alberta: R.S.A. 2000, c. O-4) impose a duty of care on persons who occupy or control premises. The standard of care varies depending on whether the visitor is a lawful entrant or a trespasser, and whether the entry is for recreational purposes on rural property. For commercial recreational activities, the occupier owes a duty to take reasonable care to ensure visitors are reasonably safe. A waiver can restrict, modify, or exclude this liability, but only if reasonable steps were taken to bring the exclusion to the visitor’s attention.

When a recreational activity provider, sports organization, fitness studio, or adventure tourism operator needs participants to acknowledge the inherent risks of the activity (such as skiing, mountain biking, rock climbing, kayaking, zipline tours, or martial arts) and waive the right to sue for injuries that may occur during participation.

When an event organizer hosting a competition, tournament, charity run, obstacle course, or outdoor festival requires participants to sign a liability waiver as a condition of registration or entry to the event.

When a property owner or occupier allows visitors to use recreational facilities (swimming pools, trampoline parks, go-kart tracks, equestrian centres) and needs legal protection against personal injury claims arising from the use of those facilities.

When a school, university, summer camp, or youth organization is planning a field trip, outdoor education program, or extracurricular activity that involves physical risk, and needs parents or guardians to consent to the minor’s participation and assume the associated risks.

When a personal trainer, yoga instructor, fitness class provider, or wellness centre requires clients to acknowledge their physical fitness level, disclose medical conditions, and waive liability for exercise-related injuries.

When a tour operator, guide service, or rental company providing outdoor equipment (bicycles, canoes, ATVs, snowmobiles) needs customers to accept responsibility for the safe use of the equipment and waive claims for equipment-related injuries.

Identification of Parties — Full legal names and contact information of the Participant (the person assuming risk) and the Activity Provider (the organization or individual hosting the activity).

Activity Description — A specific and detailed description of the activity, including the nature of the physical exertion, the terrain or environment, the equipment used, the location, and the date or time period. Canadian courts assess waiver enforceability based on whether the waiver’s scope matches the actual activity that caused the injury.

Inherent Risk Disclosure — A comprehensive list of the specific risks associated with the activity, including physical injuries (sprains, fractures, concussions), property damage, equipment failure, environmental hazards (weather, wildlife, water), and worst-case outcomes (paralysis, death). The Karroll test requires that risks be specifically brought to the participant’s attention.

Assumption of Risk — An express statement that the Participant freely and voluntarily assumes all inherent risks of the activity, both known and unknown, in accordance with the doctrine of volenti non fit injuria as recognized by the Supreme Court of Canada.

Waiver of Liability — The core operative clause in which the Participant waives all claims against the Provider and associated parties (employees, agents, contractors, guides, instructors, volunteers) for personal injury, death, property damage, or economic loss arising from participation in the Activity.

Gross Negligence Carve-Out — A provision confirming that the waiver does not release the Provider from liability for gross negligence, reckless disregard, wilful misconduct, or intentional harm, consistent with Canadian public policy.

Emergency Contact and Medical Disclosure — Emergency contact information and an opportunity for the Participant to disclose medical conditions, allergies, or physical limitations that may affect safe participation, with authorization for emergency medical treatment.

Governing Law — The province whose laws govern the waiver, with specific reference to the applicable Occupiers’ Liability Act and exclusive jurisdiction in the courts of that province.