The moving defendants (Ironman Canada Inc., Triathlon Ontario, and World Triathlon Corporation) sought summary judgment to dismiss a co-defendant's crossclaim and grant their counterclaim against the plaintiff, based on a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement.
The court found the waiver of the right to sue enforceable against the plaintiff, who had electronically accepted it.
However, the indemnity clause within the agreement was deemed unenforceable due to its dense, unclear legalese, which failed to adequately convey its meaning and onerous positive obligations.
The court also determined that the co-defendant motorist, Beatrice Jackson, was not a third-party beneficiary of the release, as she was not an entity associated or involved with the activities as defined in the agreement.
Consequently, the motion for summary judgment was dismissed in its entirety.
