The plaintiff, Mohammed Siddeeq Arif, sued for damages after being injured during a rock climbing course.
The defendants, Zen Climb and Halton Region Conservation Authority (HRCA), moved for summary judgment to dismiss the action, arguing that Arif had signed two releases of liability and voluntarily assumed the risks.
The court granted summary judgment, finding that Arif was bound by the releases and that the defence of *volenti non fit injuria* applied, as he voluntarily assumed the risks of rock climbing.
The court also denied the plaintiff's request to file further expert evidence or adjourn the motion, emphasizing the plaintiff's failure to put his "best foot forward" in preparing for the summary judgment motion.
