Ontario Courts Clarify Implied Consent in Canadian Hockey Injuries

• Implied consent is an agreement inferred from a person's voluntary conduct in Canadian sports injury law.
• Courts assess implied consent on an objective standard: what a reasonable person would understand to be part of the activity.
• The doctrine applies a two-tier framework to identify what implied consent covers and its outer limits.
• Implied consent is crucial for personal injury claims, as it can significantly impact liability determinations.

Courts infer this consent based on the participant's awareness of the potential for injury, rather than their specific understanding of the exact sequence of events leading to the injury.

In Canadian sports injury law, implied consent plays a crucial role in determining liability for injuries sustained during recreational and competitive activities. Implied consent is an agreement inferred from a person's voluntary conduct, rather than their words. This concept is essential to understand, as it can significantly impact personal injury claims. When a player participates in a game or activity, they are deemed to have given implied consent to the physical contact and risks associated with that activity. The courts infer this consent based on the participant's awareness of the potential for injury, rather than their specific understanding of the exact sequence of events leading to the injury.

The doctrine of implied consent is rooted in public policy, aiming to prevent organized sports from being over-criminalized. Canadian courts have recognized this reasoning explicitly. Implied consent is not determined by the injured player's personal beliefs but rather on an objective standard: what a reasonable person in that sport, in that context, would understand to be part of the activity. This objective standard is applied through a two-tier framework, which identifies what implied consent covers and its outer limits.

Understanding implied consent is crucial for lawyers advising clients on personal injuries proceedings in Canadian sports law. The doctrine's application can make or break a claim, as it assesses the participant's voluntary entry into a game and their awareness of potential risks. Courts examine specific circumstances to decide whether a participant's consent was genuine, considering factors such as their experience with the sport, knowledge of its risks, and the connection between the conduct and play in progress. Implied consent does not apply equally across all sports, levels, or players, emphasizing the need for careful analysis in each case.

Lawyers advising clients on personal injuries proceedings should be aware of the implications of implied consent in Canadian sports injury law, particularly when it comes to assessing a participant's voluntary entry into a game and their awareness of potential risks.

Source: Original reporting via Briefly