Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70
| Jurisdiction | Ontario |
| Judge | CHARNEY |
| Citation | 2019 ONSC 70 |
| Date | 03 January 2019 |
| Court | Superior Court of Justice of Ontario (Canada) |
| Docket Number | CV-16-127306 |
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9 practice notes
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Remedies Available under Provincial and Territorial Legislation
...0; compare Kerr v Hauer, 2010 ONSC 1995; compa re also Horvat v Cross, 2010 BCSC 147 2.190 201 2 ONSC 3425 at para 23 ; Closner v Closner, 2019 ONSC 70 3 (Div Ct).191 See also PL M v SYB, 2014 NBQB 2 22. For more detailed g uidelines, see R uddock v Wil-liams, 2013 ONCJ 225, c iting Bos v B......
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Nemr v. 9100288 Canada Inc. et al, 2021 ONSC 4733
...“reasonable steps” taken to bring the exclusion clause to the attention of the plaintiff: Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70 paras. 60-80.[1] [22] Mr. Nemr acknowledged under oath that he read and understood the terms of lease when he signed it. However,......
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Did You Sign On The Dotted Line?
...agreeing not to advance a claim for personal injuries suffered while participating in the activity. In Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70 (CanLII), the plaintiff joined the defendant's gym on a one-year membership agreement. Upon joining, she was presented with a contract which c......
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Did You Sign On The Dotted Line?
...agreeing not to advance a claim for personal injuries suffered while participating in the activity. In Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70 (CanLII), the plaintiff joined the defendant's gym on a one-year membership agreement. Upon joining, she was presented with a contract which c......
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3 cases
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Nemr v. 9100288 Canada Inc. et al,
...“reasonable steps” taken to bring the exclusion clause to the attention of the plaintiff: Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70 paras. 60-80.[1] [22] Mr. Nemr acknowledged under oath that he read and understood the terms of lease when he signed it. However,......
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Hosseinkhani v. QK Fitness Inc., 2019 ONCA 718
...2019 On appeal from the order of Justice Robert Charney of the Superior Court of Justice, dated January 3, 2019 with reasons reported at 2019 ONSC 70 REASONS FOR [1] The appellants appeal from the summary judgment granted by the motion judge that dismissed their claims. [2] It is not, in ou......
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Moskowitz v. Detox,
...include the duty to properly train and instruct the participants in a fitness class. In the recent case of Hosseinkhani v QK Fitness Inc., 2019 ONSC 70, the court considered whether the exercise and skills involved were inherently dangerous, and whether the equipment used represented an unu......
5 firm's commentaries
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Did You Sign On The Dotted Line?
...agreeing not to advance a claim for personal injuries suffered while participating in the activity. In Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70 (CanLII), the plaintiff joined the defendant's gym on a one-year membership agreement. Upon joining, she was presented with a contract which c......
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Did You Sign On The Dotted Line?
...agreeing not to advance a claim for personal injuries suffered while participating in the activity. In Hosseinkhani v. QK Fitness Inc., 2019 ONSC 70 (CanLII), the plaintiff joined the defendant's gym on a one-year membership agreement. Upon joining, she was presented with a contract which c......
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When Do Waivers Work?
...for an occupier to ensure waivers are enforced as an absolute defence. In a recent decision from Ontario (Hosseinkhani v QK Fitness Inc, 2019 ONSC 70), the Court held a gym's waiver to be invalid since the terms were not reasonably brought to the plaintiff's attention. In QK Fitness, the pl......
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It Was Obvious!
...the person signing the waiver and that an occupier is not required to provide warnings about obvious risks. See Hosseinkhani v QK Fitness, 2019 ONSC 70 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spe......
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1 books & journal articles
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Remedies Available under Provincial and Territorial Legislation
...0; compare Kerr v Hauer, 2010 ONSC 1995; compa re also Horvat v Cross, 2010 BCSC 147 2.190 201 2 ONSC 3425 at para 23 ; Closner v Closner, 2019 ONSC 70 3 (Div Ct).191 See also PL M v SYB, 2014 NBQB 2 22. For more detailed g uidelines, see R uddock v Wil-liams, 2013 ONCJ 225, c iting Bos v B......