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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?
If an accidental gunshot wound in the context of hunting is not a case of strict liability, what is the burden of proof and standard of care in similar cases?
Is it possible for the owner of a farm to be liable for the injuries suffered by the driver of a motor vehicle who got into an accident with animals who escaped the farm and were present on the highway, causing the accident?
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 common law on reverse onus in slip and fall cases?
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 current state of the law with respect to the “community standard test” in cases of negligence?
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?
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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)