Before You Sign That Waiver

Before You Sign That Waiver

From Civil Banter by Hamish Mills-McEwan, Stanford Cummings

February 4, 2026 · 29 min · Season 1 · Episode 12

About this episode

Hamish and Stan discuss the implications of waivers and their enforceability using a recent court case as a reference.

In this episode of Civil Banter, our hosts Hamish and Stan dive into a topic that affects almost everyone: waivers. After kicking things off with some life updates, the topic turns to a core legal question: What is a waiver, and when will it actually stop you from suing if you’re injured? Using a recent 2024 Ottawa court decision (Bernier v. City of Ottawa) as a case study, Hamish and Stan break down how courts analyze waivers, why the specific wording matters, and how factors like timing, experience, and the nature of the activity can determine whether a waiver is enforceable. The episode wraps with practical takeaways for both event organizers and participants, reminding listeners that when it comes to waivers (as with many things in law) it depends.

People in this episode

Hosts: Hamish, Stan

Topics covered

  • waivers
  • legal analysis
  • court decisions
  • event organization

Keywords

  • legal questions
  • injury
  • enforceability
  • case study

Mentioned in this episode

Books & works: Before You Sign That Waiver

Places: Ottawa

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