These injury files hinge on early evidence, clear duties and the right insurance safety net
The warm winds of spring mean one thing to many Canadians: cottage season. But, as Linda Wolanski, lawyer at Bogoroch & Associates LLP, warns, a change of scenery does not suspend the familiar principles of occupiers’ liability.
“With the good weather, people head north to the cottage more regularly,” Wolanski says. “Of course, the more use of a premise, the more potential there is that someone could get hurt if it's not properly maintained.”
For Ontario practitioners, these files are legally straightforward but intensely fact-driven, and they can be an effective way to educate both clients and the public about risk management at seasonal properties.
Same statute, different context
Cottage cases are governed by the same framework as slip-and-fall or premises claims in urban settings. Ontario’s Occupiers’ Liability Act provides that an occupier of a premises owes a duty of care to see that persons entering on the premises are reasonably safe.
“The law is not contentious here — it’s black and white on what the duty of care is,” Wolanski notes.
The legal test does not change at the lake, but the factual matrix often does. There may be more people coming and going over the season, there’s typically a higher chance that they’re drinking, and there’s also greater opportunity for injury because people are engaged in activities.
From socializing around a bon fire to boating, tubing, and BBQing, there are more vulnerabilities to serious harm. Trip hazards, slippery docks, uneven ground, dim lighting, and wet walkways also come to mind as common circumstances that give rise to risk.
An “occupier” is also not confined to the registered owner, Wolanski notes. Depending on the level of control over the premises, someone renting a cottage and hosting guests could also fall under the definition under the legislation.
“If an injury does occur, the question becomes, is there a case that could be made against the cottage owner or occupier?” Wolanski explains, adding that these are very fact dependent. The firm will establish if there’s been a breach of the statute. For example, whether the premises were inspected regularly, if repairs were done, and whether there were warning signs around hazards, as examples.
“What drives outcomes in these cases are provable facts and, ultimately, insurance,” she says.
Evidence and investigation: building the occupier’s case
For lawyers, these files look very much like other personal injury claims in terms of how they’re run. It comes down to the fundamental building blocks of a strong case, where early, concrete evidence is critical.
Wolanski emphasizes that written records or documentation of the conditions are key: for example, photos of the area where a trip-and-fall occurred. The firm is also willing to send experts for an on-site visit, if required.
“We had a case where someone was seriously injured at a resort, and we had an engineer make the trip to assess the area where the fall occurred,” Wolanski says, adding it’s the same investigation in terms of requesting medical records and tapping experts whether someone is hurt in a home, a commercial establishment, or a cottage.
Most occupiers’ liability cases settle out of court, Wolanski says, with “it all coming down to what we can prove.” The team at Bogoroch & Associates is deeply committed to obtaining the best legal outcome possible on every file, and the firm is well known for its thorough, evidence‑driven approach to building cases.
“We work really hard and are very responsive to the needs of the case, and these ones are all about gathering evidence and proving the facts,” Wolanski explains. “If it requires a liability expert, we’ll retain one. If we need a damages expert to prove the case, we’ll bring them in. We always invest the resources necessary to get the proper result for our clients.”
Managing risk at the cottage: insurance and safety
On the client-side, Wolanski’s advice is clear. Any owner or occupier of a cottage must have the proper insurance. Insurers must be aware of the use of the cottage, whether seasonal or year-round, and whether it’s being rented out.
“You want to make sure that the insurer gives you the correct liability coverage,” Wolanski sums up. “People must be more vigilant in terms of ensuring they have the proper insurance that responds if there's an injury.”
Ultimately, cottage‑based occupiers’ liability isn’t a new legal frontier; it’s a familiar cause of action in a setting that lends itself to client education.
“It's been a long winter; people are chomping at the bit to go to their cottages. Even though it's a fun time of year with family and friends, there are legal risks. People should do their best to mitigate them.”
This article was produced in partnership with Bogoroch & Associates LLP
