Waiver of right to sue
A waiver of the right to sue is an agreement, often called a release or liability waiver, in which a person gives up the right to bring certain claims against another party. Waivers are common in settlements, recreational activities and some commercial contracts. They are enforceable in BC if clearly worded and brought to the signer's attention, but courts read them narrowly.
How BC law treats it
Courts apply the framework in Tercon Contractors Ltd v British Columbia, 2010 SCC 4: whether the clause applies to the circumstances, whether it was unconscionable when made, and whether public policy should override it. A waiver cannot remove rights that a statute says cannot be waived, such as minimum employment standards.
What it means for your business
Use clear, prominent waiver language and make sure the other party has a real opportunity to read it.
Risks and common mistakes
A waiver buried in fine print, or one that does not clearly cover negligence, may not be enforced.
For the full explanation, see our entry on Waiver of liability.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
