Larry Peter Reimer

The plaintiffs sought compensation for injuries sustained by Sandra Bernier during a cycling event.

The defendants and third party brought summary judgment motions, arguing the action was barred by a signed waiver and voluntary assumption of risk.

The court found the waiver enforceable against the plaintiff, including her children's claims under the Family Law Act, and that it covered the alleged negligence, including negligent organization and road maintenance.

The court also found the plaintiff voluntarily assumed the risk.

The summary judgment motions were granted, and the action was dismissed.

On appeal from a summary judgment decision, the Court of Appeal considered whether a motion judge properly granted judgment to the plaintiff in the absence of a cross-motion, whether hearsay evidence was improperly admitted on the summary judgment motion, and whether the defendant occupier breached its statutory duty under the Occupiers' Liability Act.

The plaintiff was injured when he tripped over a skateboard in a shopping mall food court.

The motion judge granted summary judgment in favour of the plaintiff on liability, directing a trial only on damages assessment.

The Court of Appeal allowed the appeal, finding the motion judge acted unfairly by granting judgment not requested by the plaintiff, improperly admitted hearsay evidence on contested issues, and erred in finding liability.

The Court granted summary judgment dismissing the action.