Final answer:
In the context of the CCQ, the Voluntary Assumption of Risk is a defence used by the defendant to claim that the plaintiff was aware of the risks involved in an activity and chose to participate anyway, absolving the defendant of liability. The defendant must prove that the plaintiff knew and appreciated the risks, which were directly related to the harm suffered. This defence is often used in the domains of sports and recreational activities.
Step-by-step explanation:
The defence of Voluntary Assumption of Risk under the Civil Code of Quebec (CCQ) is when a defendant argues that the plaintiff knew about the risks associated with an activity and chose to engage in it anyway, thus absolving the defendant of liability. This principle is recognized in the CCQ, notably within the provisions dealing with liability and the autonomy of the parties. It is often invoked in cases related to sports, recreational activities, or where the plaintiff has signed a waiver.
To successfully use this defence, the defendant must demonstrate not only that the plaintiff was aware of the risks, but that they also appreciated the nature of those risks and voluntarily accepted them. Moreover, the risks assumed must be directly related to the harm incurred. This defence is typically countered by showing that the risks were not fully disclosed, not understood by the plaintiff, or that they were not assumable due to the nature of the activity or the conduct of the defendant.