CURRENT ISSUES IN CANADIAN LAW
Individual Assignment 1
• You must do BOTH case studies.
• Read each case study and answer the questions posed about each case.
• Answer each question separately.
Case Number 1 – Stein v. The Rock Pile, Inc.
Laura Stein contracted with the ExecuFitness for personal training services. ExecuFitness assigned Cindy Lewis to provide these services. From July 2003 until November 1, 2003 (the date of the injury to Ms Stein), Ms Lewis provided personal training sessions to Ms Stein three times a week.
In September 2003, Ms. Stein expressed an interest in trying a new sport or activity. Ms Lewis suggested rock climbing, and Ms Stein agreed to try rock climbing. Ms Lewis worked with Ms Stein in training sessions to strengthen muscles necessary for rock climbing.
On November 1, 2003, Ms Lewis came to Ms Stein’s house and picked her up to go rock climbing. Ms Lewis then drove to The Rock Pile, Inc. There they met Tim Shannon, an employee of The Rock Pile, Inc., who was known to Ms Lewis. Ms Stein spoke with Mr. Shannon and asked him if he was an expert in rock climbing. Ms Stein alleges that Mr. Shannon confirmed that he was an expert and said, “I’ve even taught it.”
Before they were allowed to climb at the facility, Ms Stein and Ms Lewis were required to fill out a registration form and sign a waiver.
The waiver signed by Ms Stein and Ms Lewis reads as follows:
I understand that there is a risk of serious injury or death from participating in climbing. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of The Rock Pile Inc.’s staff or clients and I assume full responsibility for my participation.
I assume full responsibility for my choice in belayers. The Rock Pile Inc. attempts to provide safe ropes, anchors and belay devices but will not be responsible for poor judgment by an ill-chosen belayer.
I will belay only if I am knowledgeable...