Assumption of risk constitutes a defence in negligence actions in Canada and in Australia. Important similarities but also differences underline the two common law defences. The present study presents and compares the two common law defences. It also comments on some provisions of the relatively recent tort law reform legislation in Australia and on how the legislation interacts with the Australian and the Canadian common law defences.
Katsivela, Marel, The Volenti Defence under Australian and Canadian Law: A Comparative View (December 24, 2013). Journal of Comparative Law, Vol 8, 2014.