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ARTICLE · 22 FEBRUARY 2019

Know Your Rights Before Setting Foot On That Recreational Trail

Under section 3 of the Occupier's Liability Act, the default standard of care of an occupier is "to take such care as in all the circumstances is reasonable to see that persons entering the premises is reasonably safe while on the premises".

CanadaReal Estate and Construction

Under section 3 of the Occupier's Liability Act, the default standard of care of an occupier is "to take such care as in all the circumstances is reasonable to see that persons entering the premises is reasonably safe while on the premises". This standard applies in most situations but there are some premises in which a much lower standard of care applies under section 4.

Section 4 (1) states that for "risks willingly assumed by the person who enters the premises" the occupier owes a duty to the person to "not create a danger with deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property."

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