People keep saying that "waivers don't mean anything"- well at least in BC they really do.
I am not sure why the myth of the "meaningless waiver" is so hard to kill but it keeps coming back - often to the detriment of small operators who don't take enough care with them.
Isildar Test Here (Isildar vs. Rideau Diving Supply). This was used in the Whistler zipline decision. (Which includes waivers signed under the Occupiers Liability Act.) The attached document thoroughly shows how the courts in BC will uphold an event involving a waiver. (and how and why a waiver will fail in court i.e. make sure you cross your T's and everything abides by the Isildar test and your company or organization should survive a potential lawsuit.)
Interesting footnote from the document regarding the Occupiers Liability Act:
3 Occupiersâ Liability Act, R.S.O. 1990, c. O.2., 3.3; While the Occupiersâ Liability Act generally permits for the use of waivers as instruments for decreasing exposure to liability, case law has largely driven the particulars of their application in the context of high risk sports. This runs in stark contrast to other international jurisdictions that have
explicitly legislated the use of waivers, and other aspects of liability, in this milieu. See,e.g., Colorado Ski Safety
Act. C.R.S. Â§ 33-44-103.