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Waivers and Assumption of Risk No Defence to Fatal Accidents Act Claims in PEI

July 14, 2022

The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1]


In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving spouse, on behalf of the deceased’s dependents and beneficiaries against the Defendants, namely, Oyster Bed Speedway, Maritime Pro Stock Tour Ltd., and Shaw’s Towing Service (1984) Ltd. Mr. Stevens’ participation in the race, and the Tour series by extension, was conditional on his entering into various waiver and assumption of risk forms.

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