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“Court of Appeal: Employee Injury Waiver Declared Void”

Barry Kwasniewski, of Carters LLP, gives employers important information in the Charity & NFP Law Bulletin, No.384, April 28, 2016:

“On  January  26,  2016,  the  Ontario  Court  of  Appeal  released  a  significant decision  concerning  the enforceability  of  personal  injury  liability  waivers  affecting  the  legal  rights  of  employees  to  sue  their employers for injuries arising in the course of their  employment duties. In Fleming v Massey (“Fleming”), the Court of Appeal held that the waiver signed by the employee was not enforceable as a matter of public policy. In allowing the appeal, the Court of Appeal overturned the judgment of the trial judge, who had granted summary judgment dismissing the employee’s lawsuit based on the waiver.”

For the full text of Mr. Kwasniewski’s briefing, please go here.

For the ONCA decision, please go here.

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