Sunday, January 31, 2010

Parents do not have the right to waive their child's right to sue by signing a release on the child's behalf

The British Columbia Supreme Court Stated so.

Victor Wong was 12 years old when his mother enrolled him and his two brothers at Lok's Martial Arts Centre in Richmond, BC. A requirement for enrollment was that the boys' mother sign the conditions of membership and release from. She claims that she did not read it carefully or fully understand it, but she knew that if she did not sign it, her sons would not be allowed to enroll.

Wong, now 20, alleges that during a sparring match at Lok's he was violently thrown to the floor, fracturing his arm and leaving him partially disabled. He is now suing the school, the sparring partner and the school owner, Michael Lok.

The defendants asked the court to dismiss the claim, pointing to the waiver of his legal rights and did not authorize his mother to waive any rights on his behalf.

Wong says that he did not sign a waiver of his legal rights and did not authorize his mother to waive any rights on his behalf.

BC the Honorable Mr.Justice Peter Willcock has ruled that, under the Infants Act of BC, a parent can not waive their child’s rights to sue for negligence.

"The Act does not permit a parent or guardian to bind an infant to an agreement waiving the infant’s right to bring an action in damages in tort," Willcock found in his decision. "The defendant's application is therefore dismissed"


Refer from
www.canlii.org/en/bc/bcsc/doc/2009/2009bcsc1385/2009bcsc1385.html