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How does the presence or absence of the word “negligence” or “occupiers' liability”, in a written waiver agreement affect the defendant's potential liability in the context of a sports tort?
How has the defence of volenti non fit injuria been applied in cases involving injuries from recreational activities?
How have courts treated the defence of inevitable accident in cases where the defendant had prior notice of a health condition?
How have the courts interpreted waivers of liability which purport to cover the negligence of a defendant's employees, or of other persons, in the context of a tort involving sports?
What are the essential elements of the defence of inevitable accident?
What Canadian cases have considered the issue of waiver in the context of sports torts, primarily respecting reasonable notice of the waiver?
What general principles of contractual interpretation will apply to a waiver of liability in the context of a tort involving sports? And, in particular, how would a court likely react to a waiver specifically referencing “events, practices and schools” when the plaintiff was merely riding his motorcycle recreationally with his friends on the defendant's motocross trails?
What is required on the defendant to prove inevitable accident?
What is the current state of the law in Ontario concerning inevitable or unavoidable accident in the context of a motor vehicle collision particularly in those instances involving wildlife crossing the roadway?
What is the liability where children sledding down a hill collide, resulting in injuries?
What is the test for determining liability in the context of damages incurred during amateur sporting events?
What specific factors does a court consider when determining whether a defendant gave a plaintiff reasonable notice of an exclusionary clause, such as a waiver and release, in the context of a tort action arising from a hazardous sport?
When will a defendant be considered to have given reasonable notice of a waiver to a plaintiff, primarily in the context of a tort action arising from a recreational sport?
Where a person is engaging in an inherently dangerous recreational sport, and has signed a contractual waiver of liability, can the doctrines of unconscionability and/or public policy be applied to render the waiver legally ineffective?
Where an action has been brought against an occupier, of what relevance is evidence of prior safe use of the premises?
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Duty and standard of care
Liability of owner or possessor of animals
Practice and procedure
Strict liability (rule in Rylands v. Fletcher)