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Old August 17th, 2007, 08:35   #11
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Join Date: Oct 2005
Location: Aurora
Originally Posted by Skruface View Post
I do believe part of the issue is that in Canada, we do not have the legal capability to sign away our rights, correct? We have some basic rights that cannot be denied, waiver or not.
That is part of the issue in provinces that have the equivilent of the Occupier's Liablity Act, but not a big part of it.

I don't want to bore anyone with a big legal lecture, but the courts will read all sorts of unspoken things into contracts, especially commercial contracts where there may appear to be a inequality of bargaining power. They will read in things like an assumption that the service provider will provide competant guidance, reasonable safety measures etc.

You through in my good friend "contra proferendum (sp?)" and the modern interpretation of the "volenti" doctrine and you are good to go.

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