here are few things I’d rather do than retreat to a remote camp or cottage on a warm summer day. Now with the long weekend behind us, more and more Ontarians are heading to their cottages on the weekend. Camps and cottages, however, are low-key dangerous places.
They can also be insurance headaches.
Occupier’s Liability Act
Under the Occupiers’ Liability Act, cottage owners and occupiers have a duty to ensure that their cottages are safe for visitors. Sometimes, the ownership structure at family cottages can be complicated though.
Commonly, parents own the family cottage yet adult children are allowed to treat the cottage as their own, using it often without the parents present. The children are likely occupiers in such a case, but if they aren’t owners, they may be surprised to find out they’re not covered under the cottage insurance policy.
Ferro v. Weiner (2019 ONCA 55)
This leading Ontario case illustrates the risks perfectly.
A young person drowned at a high school graduation party held at a family cottage. The host’s grandmother owned the property, but she wasn’t at the party. The host’s parents were at the party to supervised.
The Court of Appeal ruled that the granddaughter and her parents were not covered under the grandmother’s insurance policy. Why? Because they were not part of her “household”, as defined in the insurance policy.
Fortunately, the parents had their own insurance policy that provided coverage, but if they hadn’t, they would have had to pay out-of-pocket for a lawyer, and for the ultimate damages award against them.
No coverage?
It’s easy to imagine a similar situation to Ferro v Weiner where coverage does not exist.
For example, imagine an adult child who just graduated university hosts friends at the family cottage. They probably don’t own a home and may not have tenant’s insurance.
If an accident happens they may get named in a lawsuit and must prove they’re still part of their parents’ “household” to access insurance coverage.
It’s not a great situation to be in, and can easily be avoided with a quick call to an insurance broker to make sure you’re covered.
Real Injuries, Real Consequences
All kinds of injuries can arise at the cottage, including:
- Drownings and near-drownings
- Boating accidents
- Tripping hazards
- Sports injuries
- Camp games gone wrong (see: Bonello v. Gores Landing Marina, 2017 ONCA 632, where a game of tug-of-war led to injury)
Why Insurance Matters — For You and Your Guests
Liability insurance does more than protect your wallet — it can be a lifeline for someone seriously injured on your property. Coverage may help fund:
- Emergency medical care
- Long-term treatment or rehabilitation
- Lost wages during recovery
Injured at a Cottage or Camp? We Can Help.
If you or someone you love has been injured at a camp or cottage in Ontario, you may be entitled to compensation. At Bergeron | Clifford LLP our personal injury lawyers understand the complexities of Occupiers’ Liability and choosing the right legal path to obtain compensation from properly insured defendants.
Call us today for a free consultation.
ROBERT MURPHY
Rob attended law school at Queen’s University and graduated with his Juris Doctor in 2020. He summered at and completed his articles with Weaver, Simmons LLP, a full-service firm in Northern Ontario. During his articles Rob had the opportunity to see personal injury files from both the plaintiff side and the defence side. After articles, Rob practiced injury law and general litigation with Kelly + Kelly Lawyers in Pembroke, until Kelly + Kelly’s civil litigation practice joined Bergeron Clifford in 2023.
