The plaintiff tripped and fell over a dumbbell during a gym class at the defendant fitness centre. She allegedly sustained personal injuries and commenced an action for damages against the defendant, claiming that it was negligent. The defendant brought a motion for summary judgment on the grounds that: (1) the waiver signed by the plaintiff protected it from liability; or in the alternative (2) the plaintiff was solely responsible for the incident. The plaintiff argued that she had no opportunity to read the waiver when she signed it, that the exclusion of liability clause was not brought to her attention when she signed it, and that the defendant failed to discharge its duty to properly instruct her on the safe use of dumbbells. Justice Charney held that the defendant failed to take reasonable steps to bring the exclusion of liability clause to the plaintiff’s attention and therefore failed to meet the minimum requirement contained in section 5(3) of the Occupiers’ Liability Act. As such, the waiver did not protect the defendant from liability. With respect to the defendant’s alternative ground, the court accepted that the defendant bore no liability for the plaintiff’s fall and granted summary judgment. Justice Charney reasoned that there was no evidence to suggest that the dumbbells in question were hazardous or not reasonably safe for the purpose for which they were intended. The court also found that the possibility that a round dumbbell might roll was an obvious risk.
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