Claim Case Study: Clear Waiver, Unclear Indemnity: Lessons from McCallum v. Jackson

The Ontario Superior Court decision in McCallum v. Jackson, 2019 ONSC 7077, considered the enforceability of an electronic liability waiver and indemnity agreement signed by a participant in an Ironman triathlon event. The case highlights an important distinction between a waiver of liability and the enforceability of an indemnity clause, emphasizing the need for clear and understandable “plain language” when attempting to transfer risk.