Can a waiver that relies upon a party's waiver apply to that party?

British Columbia, Canada


The following excerpt is from Goodspeed et al v. Tyax Mountain Lake Resort Ltd. et al, 2005 BCSC 1577 (CanLII):

Where a party to personal injury litigation relies upon a waiver, such as is relied upon here, the waiver must clearly provide that its terms apply to that party: Quick v. Jericho Tennis Club (1998), 40 B.L.R. (2d) 316 (B.C.S.C.).

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