Voluntary Assumption of Risk Defence (BC)

Summary

This practice note discusses the voluntary assumption of risk defence (volenti) in negligence cases in British Columbia. It explains that volenti is a complete defence where the claimant consented to the injury sustained, but it is severely limited in Canada and requires clear evidence that the claimant appreciated the danger and agreed to waive the defendant's legal liability. It outlines the two essential requirements for establishing volenti. This practice note also explains that mere awareness of danger is insufficient, and the defence will not apply where the claimant had no choice but to encounter the risk.