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Bodily Injury Release for Canada

Bodily Injury Release Template for Canada

A comprehensive legal document used in Canadian jurisdictions to formally release one party from liability for bodily injury claims made by another party. This agreement serves as a binding contract that, once executed, prevents the injured party from pursuing further legal action regarding the specified incident. The document complies with Canadian federal and provincial legal requirements, including relevant limitation periods and liability laws. It typically includes detailed descriptions of the incident, injuries sustained, compensation provided, and specific terms of the release, while incorporating necessary provisions for enforceability under Canadian common law (or Civil Code in Quebec).

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Bodily Injury Release

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What is a Bodily Injury Release?

The Bodily Injury Release is a crucial legal document used across Canadian jurisdictions when settling personal injury claims. It serves as a formal agreement between parties where one party (the Releasor) agrees to release another party (the Releasee) from future liability related to a specific incident involving bodily injury. This document is commonly used following accidents, workplace injuries, or other incidents resulting in physical harm, and is essential in situations where a settlement has been reached. The release must comply with provincial and federal Canadian laws, including specific requirements for liability waivers and settlement agreements. It typically includes comprehensive details about the incident, injuries sustained, settlement terms, and clear language regarding the rights being waived. The document is particularly important for risk management and legal compliance, providing finality to injury claims while protecting the interests of all parties involved.

What sections should be included in a Bodily Injury Release?

1. Parties: Identifies and defines all parties to the agreement, including the Releasor (injured party) and Releasee (party being released from liability)

2. Background: Describes the context, including the date, location, and nature of the incident that caused the injury

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Injuries', and 'Released Parties'

4. Consideration: States the compensation or consideration being provided in exchange for the release

5. Release and Discharge: Core section detailing the scope of the release, specifically what claims and rights are being waived

6. No Admission of Liability: Statement that the settlement and release do not constitute an admission of liability by the Releasee

7. Representations and Warranties: Statements by the Releasor regarding their understanding of the agreement and authority to enter into it

8. Future Claims: Addresses the release of unknown or future claims related to the incident

9. Governing Law: Specifies that the agreement is governed by Canadian law and the specific provincial jurisdiction

10. Execution: Signature blocks and execution requirements including witness provisions

What sections are optional to include in a Bodily Injury Release?

1. Medical Expenses: Details any ongoing or future medical expenses and how they will be handled - include when medical expenses are part of the settlement

2. Confidentiality: Provisions regarding confidentiality of the settlement terms - include when parties want to keep terms private

3. Insurance Claims: Addresses any insurance claims and subrogation rights - include when insurance companies are involved

4. Return to Work: Provisions regarding employment status and return to work - include when the injury is employment-related

5. Non-Disparagement: Prohibits parties from making negative statements about each other - include in sensitive cases

6. Third Party Claims: Addresses potential claims against third parties - include when multiple parties might be liable

7. Independent Legal Advice: Acknowledgment of receiving or waiving independent legal advice - include in complex or high-value cases

What schedules should be included in a Bodily Injury Release?

1. Schedule A - Description of Incident: Detailed description of the incident, including date, time, location, and circumstances

2. Schedule B - Medical Records: List of relevant medical records and reports referenced in the release

3. Schedule C - Settlement Payment Details: Breakdown of settlement amount and payment terms

4. Appendix 1 - Witness Statement: Statements from witnesses to the incident, if applicable

5. Appendix 2 - Medical Assessment: Independent medical assessment reports or evaluations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Cost

Free to use
Relevant legal definitions
























Clauses
























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Construction

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Risk Manager

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