The plaintiff was injured while attempting a backflip at the defendant indoor trampoline park. He sued the facility for damages, alleging that it breached the Occupiers’ Liability Act. Before using the facility’s equipment, the plaintiff had signed an electronic waiver document at a computer kiosk. The plaintiff’s evidence on the motion included that the defendant’s employee rushed him to complete the waiver and did not explain its implications to him. None of the waiver of liability terms in the document captured his attention and he did not knowingly give up his legal rights. His evidence was uncontested on the motion. Justice Conlan dismissed the motion, finding that the issue of whether the defendant took reasonable steps to bring the waiver to the plaintiff’s attention was a genuine issue requiring a trial.
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