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At the end of the day, Chisholm believes it's essential for businesses to seek legal advice when drafting waivers. "We don't know what kind of advice Lok's Martial Arts Centre received, and wheth- er it was vetted," says Chisholm. He adds that businesses across the country must be alerted to the fact that these pre-tort waiv- ers signed on behalf of minors may not be enforceable, suggesting a rash of litigation could otherwise be on the horizon. Sidhu says it's key for businesses to have proper insurance in place, but sug- gests providers may not want to take on the added risk in light of Wong. That might leave companies with the only option of changing their struc- ture to incorporated companies. That could help ensure business owners don't incur personal liability. They may also structure the riskier aspects of their operations under a different entity than the rest of the business. Of course, she agrees that lawyers have a big role to play. "A lot of businesses are going to be looking to lawyers to say, 'OK, what do you think?' and it's going to be a tough one with this decision. It's pretty hard to get around what the court has said." While businesses are grappling with their approach to waivers for children, Searching for a better way to attract candidates? the decision likely comes as good news for most parents. Langford has sympathy for guardians faced with requests to waive a child's legal recourse following injury. "You often have a choice: sign the release, or your child doesn't participate," she says. "I think it's really tough on parents." At the end of the day, Langford believes parents can best protect their children by taking note of the safety standards of any organization whose care they are under. "You can never protect against accidents, but you can ask very good questions about the safety procedures, the experience, and the safety records of your organizations," she says. Her advice to organizations offering the services is to make sure they do everything possible to steer clear of negligence claims. That means investing in top-notch safety tools and procedures, and implementing them. Counsel for Lok's Martial Arts Centre did not respond to requests for comment, but Wong's lawyer Bonnie Lepin con- firmed the decision is being appealed. A hearing date, first set for November, has been pushed back to July 26, 2010. Regardless of where the underlying matter comes to rest, Lepin believes Wong is a significant landmark. She says previous decisions have determined par- ents cannot waive their children's right after the fact, and that the law should be consistent. "If a parent can't waive it after an act of negligence, how could it possi- bly be just and fair and reasonable in our society for them to be able to waive it before the negligence?" British Columbia Annual Practice 2010 Edition The Honourable John C. Bouck, The Honourable Madam Justice Janice R. Dillon and Gordon Turriff, Q.C. Bar none the most comprehensive guide to civil procedure in B.C. British Columbia Annual Practice, 2010 Edition draws on over 100 years' combined experience in civil litigation. This edition includes: up-to-date rules and legislation; e-notes and paper supplements (available to standing order customers); CD-ROM which includes the full text as well as Microsoft Word™ 'fillable' forms. Customers on subscription will also be provided with a complimentary supplement of the major amendments to the Rules of Court which come into force on July 1, 2010. Order your copy today! Hardbound & CD-ROM • 1,744 pp. • Published August each year On subscription $83 • P/C 0169140999 One time purchase $88 • P/C 0169010999 • ISSN 0836-0391 Multiple copy discounts available canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. BC Annual Practice 2010 (Cl 1-3sq).indd 1 Untitled-1 1 CL0110 12/11/09 1:09:11 PM www. C ANADIAN Law ye rmag.com JANU AR Y 2010 41 12/15/09 10:32:55 AM