Enjoying Ontario’s hiking trails, whether provincial parks, municipal greenways, or private conservation lands is a popular summer activity! But what if a poorly maintained path causes injury?
Duty of Care & Standards of Liability
Under the Occupiers Liability Act (OLA), an occupier must take reasonable care for lawful visitors. But for recreational users on non‑fee trails, the duty is much lower. The occupier must avoid deliberate harm or reckless disregard of a user’s presence.
Key Cases & Examples
- In Labanowicz v. Fort Erie (Town), (2018) ONCA 343, the Ontario Court of Appeal found the town liable where a protruding metal bracket on a public bike trail caused a serious brain injury. The court held because the respondent was cycling on a recreational trail, the municipality was held to the standard of care as set out in s.4 of the Occupiers’ Liability Act. An occupier can be liable under s.4 for either acting with deliberate intent to harm, or for acting with reckless disregard.
When Liability Arises
- Municipal or provincial trail authority: If hazards (e.g. missing guardrails, unmarked drop-offs) are known or should have been known and not addressed or marked in reasonable time.
- Private land or trail organizations: If design flaws or maintenance failures (e.g. rotten boardwalks) contribute to the injury.
- Assumption of risk: If a user chooses to traverse a visibly dangerous area, that may diminish or negate recovery.
Procedural Requirements
- For injuries on municipal or provincial land, written notice must be given within 10 days to the responsible body.
- Limitation period: Lawsuit must be commenced within two years from the injury date.
What to Do Next
- Ensure you properly Document the incident: photos, exact location, hazard details and medical treatment.
- Obtain witness names of anyone who saw the incident or can speak to the poor maintenance.
- Deliver written notice if on public land. It is imperative you contact a lawyer or notify them yourself expeditiously!
- Seek expert evaluation both medical and legal so that you can determine if a claim is possible.
Please contact JRJ LAW at 1 (844) DIAL JRJ and a member of our team will be happy to help!