Pattison v. Royal Vancouver Yacht Club
The waiver was signed by the plaintiff before the lift and is clear and enforceable on its plain contractual terms, including release and indemnity language; the plaintiff failed to prove intentional spoliation of video evidence; expert evidence established that rot at the keel scarf joint and an imbalanced fuel load caused torsional failure; therefore the waiver bars the plaintiff's negligence claim and the plaintiff has not proved negligence. The indemnity counterclaim is reserved for further submissions.
Source excerpt
- Waiver/release enforceability
- Spoliation (destruction of evidence)
- Negligence - standard of care for boat lifts
- Admissibility of expert evidence
- Indemnity and contractual indemnification