Parents Can’t Waive Children’s Right To Sue

By Pushor Mitchell LLP
Categories: Blog, Personal Injury

Parents have no right to waive their children’s right to sue, according to a  recent B.C. Supreme Court decision.

Victor Wong was 12 years old when his mother signed a liability waiver to enrol him in a Hapkido school, a Korean martial art. Wong was 16 when he was allegedly violently thrown to the ground during a sparring match. At 20, he still suffers from his injuries. Wong is suing Michael Lok, the owner of Lok’s Martial Arts Centre in Richmond, and his sparring partner for negligence.

 He argues that Lok failed to provide preventative measures to screen participants, instruct them, require protective gear and supervise matches. However, Lok argues that the claim should be dismissed as Wong’s mother signed a waiver protecting him from litigation. B.C. Justice Peter Willcock disagreed, ruling that under the Infants Act of B.C. a parent cannot waive their child’s rights to sue for negligence.