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ARTICLE · 06 JUNE 2019

Sports And Recreation: Risk Mitigation And Occupiers' Liability

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A softball player trips over a divot on the ground. A child's hand gets caught in a rope during a tug-of-war game. A dumbbell rolls across a gym floor and hits someone's foot.

CanadaLitigation, Mediation & Arbitration
Jahmiah Ferdinand-Hodkin
Jahmiah Ferdinand-Hodkin
Scarlett Trazo
Scarlett Trazo
Jenny Thistle
Jenny Thistle
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A softball player trips over a divot on the ground. A child's hand gets caught in a rope during a tug-of-war game. A dumbbell rolls across a gym floor and hits someone's foot.

Sports and recreation facilities have obligations to their users. The facility owner, operator and team renting the premises must all take reasonable care to ensure that the individuals who enter are safe while on the premises. This duty extends across the premises (the rink to the changing rooms) and over the activities (fitness classes to football games). The duty is not limited to active participants (e.g. players) and can extend as far as trespassers.

Who is an "occupier"?

In Ontario, the occupiers' duties towards people who access their premises is governed by the Occupiers' Liability Act ("OLA"). The OLA defines an "occupier" as:

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