Are liability waivers enforceable in Ontario?

Ontario is the most nuanced province. Its Occupiers' Liability Act lets an occupier exclude the duty of care with reasonable notice, but the Consumer Protection Act, 2002 says a consumer's rights cannot be waived. In Schnarr v Blue Mountain Resorts the Court of Appeal resolved the clash for premises-based injury claims in favour of the occupiers' statute, so a waiver can work, but the interaction makes careful drafting essential.

Because two statutes pull against each other, wording and the setting of signing carry real weight in Ontario. A waiver still cannot excuse gross negligence, and a parent cannot sign away a child's claim, so treat a minor's form as a consent record and rely on insurance as well.

Popular waivers for Ontario businesses

The document still needs to fit your service. Common ones include med spa, fitness, recreation, and wellness waivers.

Important

This page is general information, not legal advice, and WaiverPad is not a law firm. Waiver law differs by province and turns on the facts. Have any waiver reviewed by a lawyer in Ontario before you rely on it.