When camp ends, some children suffer injuries from inadequate supervision, unsafe equipment or staff negligence. Parents may have legal remedies even if waivers were signed.
Under Ontario’s Occupiers Liability Act, camps owe a duty to maintain safe premises, supervise adequately, and train staff properly.
Courts may disregard parental waivers if injuries stem from gross negligence, undisclosed hazards, or insufficient supervision. Canadian law recognizes properly drafted waivers in many cases, but waivers signed by parents on behalf of children may not bind the child.
Enforceability of Waivers
In 2020, an Ontario Superior Court of Justice case involved an indoor trampoline park where a man had “signed a purported electronic waiver document” at a computer kiosk upon entry. Once inside, he attempted to land a back flip, landed hard on his head and suffered serious injuries including a vertebra fracture that required surgery.
The judgment explained that liability waivers are generally not enforceable on three occasions:
- Where the circumstances establish non est factum, meaning that the signature on the waiver was not truly the act of the plaintiff.
- Where the plaintiff’s signature was induced by fraud or misrepresentation.
- Where the defendant knew or ought to have known that the plaintiff did not intend to be bound by the waiver and, therefore, the defendant had a duty to bring the terms of the waiver to the plaintiff’s attention.
In the above 2020 Case, the Court ruled against the Defendant’s request for dismissal, stating “there is a genuine issue requiring a trial, namely, whether [the park] took reasonable steps to bring the terms of the waiver to [the man’s] attention.
Common Injury Scenarios at Camp
- Child injured due to lack of safety gear (e.g. missing life jacket or helmet).
- Poorly maintained play equipment (e.g. splintered swings, broken climbing frames).
- Inadequately trained or unsupervised staff, or failure to respond to prior incident reports.
Minor’s Claims & Timing
- Parents (as litigation guardians) may sue on behalf of minors.
- Limitation period for minors begins on their 18th birthday, though earlier commencement is prudent.
Recommended Parent Actions
- Report the injury to camp in writing immediately.
- Preserve waivers, incident reports, permission forms.
- Photograph the scene and gather witness statements.
- Seek medical treatment without delay.
- Consult an Ontario personal injury lawyer experienced with camp‑related claims.
Please contact JRJ LAW at 1 (844) DIAL JRJ and a member of our team will be happy to help!