What is the test for an exclusion clause or waiver?
Ontario, Canada
The following excerpt is from Gallant v. Fanshawe College of Applied Arts and Technology, 2009 CanLII 50755 (ON SC):
The onus of proving the validity of an exclusion clause or waiver lies on the party who claims it. Snucins v. Conquest Tours et al 1990 CanLII 6967 (ON SC), [1990] O.J. No. 1623 (Ont. Div. Ct.)
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