Does an exclusion clause in a medical release apply?
Nova Scotia, Canada
The following excerpt is from Inglis v. Medway Pines Stables, 2020 NSSC 97 (CanLII):
In assessing whether an exclusion clause applies, further guidance is contained in Chamberlin v. Canadian Physiotherapy Association, 2015 BCSC 1260. The court acknowledged that an interpretation must be consistent with the expectations of the parties. Simply put, the surrounding circumstances existing at the relevant time of the execution of the Release must be considered by the court:
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