Waiver Wins: Ontario Court Enforces Liability Waiver for Cycling Race

The Ontario Superior Court of Justice reaffirmed the enforceability of liability waivers in recreational sports, citing Arksey v Sky Zone Toronto, a case successfully argued by Lerners LLP in 2021. In Bernier v Ottawa (Ville), the court ruled in favor of GranFondo Ottawa, dismissing a negligence claim brought by a volunteer injured during a cycling event.

Case Background

In July 2018, experienced cyclist Sandra Bernier participated in a road cycling event organized by GranFondo Ottawa as a “ride ambassador” volunteer. While crossing an intersection with railroad tracks, she fell off her bicycle and sustained injuries. Bernier later sued GranFondo Ottawa and its owner, Greg Capello, alleging negligence for failing to identify hazards along the route.

Before the event, GranFondo Ottawa required participants and volunteers to sign the “Release and Waiver of Liability and Assumption of Risk and Indemnity Agreement.” Bernier digitally signed and emailed her waiver, which explicitly released organizers from:

“…any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind, which may hereafter accrue to me or my traveling to be from this Event, even if arising from the negligence, gross negligence or negligent rescue…”

Bernier argued the waiver did not apply to her as a volunteer and was unenforceable because she received it via email without explanation.

Court Decision & Analysis

Justice Williams dismissed Bernier’s claims, ruling the waiver applied because:

• It explicitly referenced volunteers, stating the risks were present for “volunteers and support staff.”

• The waiver required signatories to acknowledge they assumed all risks of participating and/or volunteering in the event.

• The document clearly released organizers from liability, including both negligence and gross negligence.

Bernier’s argument — that the waiver was unenforceable because she received it via email without explanation — was rejected. Justice Williams reaffirmed principles from Arksey:

• Signing a waiver implies intent to be bound by it.

• A signatory is presumed to understand agreed terms, even if they did not read it carefully.

• Organizers are not required to ensure the signatory reads the waiver — only that they had an opportunity to do so.

Since Bernier had six days to review the waiver and ask questions, the court deemed it enforceable. The waiver explicitly released GranFondo Ottawa from liability due to the terrain and the actions of event officials. Justice Williams concluded a reasonable person signing the waiver would understand the claims were barred.

Key Takeaways

• Waivers must explicitly include volunteers if organizers intend for them to be bound.

• Simply stating "negligence" may be insufficient — waivers should give examples of the kind of negligent conduct that is covered.

• Failure to read a waiver does not affect enforceability, provided the signatory had reasonable time to review it.