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Have you ever wondered what all of the legalese on the back of your ski ticket and on waivers you have signed related to sports mean? Ski hills and other athletic endeavours can be subject to occupiers liability as well as claims in negligence. If people accept risk before engaging in the activity, then the ski hill and others can escape liability, hence the lengthy notices we see and sign. Are the waivers enforceable? Well that depends on what risk people accepted- you may not be accepting a risk of a hazard not normally encountered in the sport. Frankly, a creative litigation lawyer can poke holes in just about anything.
An issue that has come up recently in Alberta Courts is the issue of Freemen-on-the-Land and their similar brethren. The Courts in Alberta refer to these as Organized PseudoLegal Commercial Arguments (OPCA). While admittedly, lawyers can be confusing, these litigants often use legalistic-sounding but made-up language and try to foist nonsense obligations on the court or other person. They will say things like they are natural persons operating under contract or that only Admi...ralty courts have jurisdiction. They often bury the courts under mounds of confusing, Alice-in-Wonderlandesque paperwork in the course of litigation. Unfortunately for these litigants, the courts do not take kindly to these arguments. OPCA litigants can have costs ordered against them or even be declared vexatious litigants, which can severely limit their access to the courts.
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Check out our new article: 12 Strategies to Protect Your Business at www.westwindlegal.com
In the case of Cecil Geo Harris, a farmer in Saskatchewan etched his will with a pocket knife into the side of a tractor he was pinned underneath. The courts found that this was a valid will.
Our practice areas are restricted to wills and estates, business law and employment law issues.
Check out our article: 11 things to consider when drafting your will at our website: www.westwindlegal.com
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