The moving defendants sought summary judgment dismissing a personal injury action arising from a tractor‑trailer rollover accident.
The driver plaintiff, an independent owner‑operator, had signed a waiver agreement and capital compensation plan enrollment waiving the right to sue the defendants in exchange for private disability insurance benefits.
Applying the three‑part test from Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), the court held the exclusion clauses applied to the circumstances, were not unconscionable, and were not contrary to public policy.
The court rejected arguments of unequal bargaining power and noted the plaintiffs had already received disability benefits under the plan.
Summary judgment was granted and the plaintiffs’ claims, including derivative claims by minor children, were dismissed.
