The plaintiffs brought a motion to strike the defendant’s jury notice in a negligence action arising from a bicycle collision during a charity ride.
The defendant amended the statement of defence to plead the doctrine of volenti non fit injuria and reliance on a signed waiver releasing liability.
The court held that the waiver and the volenti defence would necessarily require evidence and argument concerning the interpretation and legal effect of the waiver, raising issues of law intertwined with the liability determination.
The court concluded that a jury could be confused by the waiver and might improperly interpret it as barring the lawsuit altogether.
Justice was better served by striking the jury notice and proceeding with a judge-alone trial.
