Question
A high school held a regular hockey practice every Monday, Wednesday and Friday immediately after school hours at a local arena run by Riverside Arena
A high school held a regular hockey practice every Monday, Wednesday and Friday immediately after school hours at a local arena run by Riverside Arena Inc. The school hockey coach was always in attendance.
Bill Smart hit Jason King catching him in the neck area and causing serious injury to his neck and throat. The ice was particularly rough on that day, which may have contributed to Bill Smart falling when he hit Jason. Jason required several operations over the course of the next two years. Jason, aged 15, had signed the school's standard form waiver exempting the school from liability for accidents occurring during hockey practises and games. The doctors noticed that the blade on the stick had an unusually sharp edge and they were of the opinion that this sharpness had aggravated Jason's injury. The stick had been manufactured by Bower Equipment Ltd. and sold by Sports Distributers Inc. to Bill Smart.
Who are the potential defendants in a claim by Jason King for damages as a result of his injury and what is the legal basis of his potential claim against each defendant. What defences, if any, do these defendants have? What is the effect of the waiver signed by Jason?
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