Lawsuit against jiu-jitsu instructor moves forward despite signed waivers

A local amateur jiu-jitsu athlete is suing his former instructor for injuries allegedly sustained during competition, despite signing two separate forms waiving liability.

In a notice of civil claim filed in B.C. Supreme Court,Richmond resident Joe Peters says he signed up to compete in his coach's namesake tournament, theMarcus Soares Invitationalin North Vancouver,butwasn't told he'd be fighting competitors outside his weight class.

Peters, who was 36 at the time, sayshe was 246 poundsand scheduledto take on an opponent weighing 290 pounds.

Peters also alleges in court documents he was forced to engage in standup fighting, despite never receiving training in that particular combat discipline during his ninemonths working atSoares'gym.

In the court filing,Petersclaims he sufferedleg injuries including a torn meniscusthat requiredknee surgery.

In a response to the civil claim, Marcus Soares,who has Brazilian jiu-jitsutraining locations in downtown Vancouver andLangley,claims Peters was not injured during the event andhad received at least 80 hours of training prior to it.

Soares claims Peters failed to requestadditional standup fighting instruction, despite knowing it would be a requirement in the tournament. He also claims that moving up weight classes in the event was optional.

Waiver did not extend to competition: judge

The lawyers for Soarestried to have the civil case thrown out, pointing out that Peters had signed waivers.

ButaB.C. Supreme Court judge ruled that the waiver signed by Peters before his training did not extend to competition, and thatthe facts Soares provided to support the competition waiver werenotsufficientto throw out the case.

Erik Magraken, a combat sports regulatory lawyer in Victoria, says students and instructors of combat sports can learn from this case.

"From a consumer perspective, it's always important to pay attention to documents that you're signing. A lot of people sign waivers without even knowingthat they're giving up their right to sue," saidMagraken.

"From theschool's perspective, the lesson is prettyclear, which is, you want to make sure students understand what they're signing, and thewaivers are broad and theycover all the activitiesthe student might be exposed to."

Peters is seeking general damages for pain and suffering, lostwages and future capacity to earn wages because of the knee surgery.

His lawyer would not specify an amount.Soares' lawyers declined to comment for thestory.

None of the allegations havebeen proven in court.

Listen to an interview with plaintiff lawyer Jordana Dhahan here: