Volenti Non Fit Injuria (ON)

Summary

This practice note explains the common law defence of voleni non fit injuria. It explains that this doctrine provides a defence in cases where the plaintiff's injuries result from an activity they willingly engaged in, despite the associated risks. It also highlights the codification of the volenti defence under s. 4(1) of the Occupiers' Liability Act, R.S.O. 1990, c. O.2 ("Act"), which alters the duty of care for occupiers when injuries are due to "risks willingly assumed." The application of this defence is limited to situations where the plaintiff has assumed both the physical and legal risks. Finally, this practice note emphasizes the rarity of a plaintiff genuinely consenting to the risk of the defendant's negligence.