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ARTICLE · 22 MARCH 2017

County Liable For Mountain Bike Training Park Accident

CLC (Canadian Litigation Counsel)
Explore more from CLC (Canadian Litigation Counsel)

In Canada, municipalities face liability as occupiers when plaintiffs are accidentally injured on their property. These accidents include slip and falls on icy sidewalks or motor vehicle collisions on poorly designed roads.

CanadaLitigation, Mediation & Arbitration
Nabeel Peermohamed (Brownlee LLP)
Nabeel Peermohamed (Brownlee LLP)

In Canada, municipalities face liability as occupiers when plaintiffs are accidentally injured on their property. These accidents include slip and falls on icy sidewalks or motor vehicle collisions on poorly designed roads. However, it is difficult to imagine such liability being found when a plaintiff voluntarily assumes the risk of using a municipality's mountain bike training park despite being warned.

In Campbell v. Bruce (County), the Ontario Court of Appeal upheld the trial judge's decision that a bicyclist who injured himself using a mountain biking training park was not contributorily negligent. Rather, the County was found 100% liable.

On August 7, 2008, Mr. Campbell and his family visited the County's Mountain Bike Adventure Park. The park consisted of a series of bike trails, as well as a skills development area with various wooden obstacles where riders could test their skills. The park was open to the public with no admission fee and

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