Hiking Season in Ontario: What Happens If You’re Injured on a Trail?
Hiking Season in Ontario: What Happens If You’re Injured on a Trail?
Summer is approaching, and many Ontarians will take advantage of the province’s extensive network of recreational trails. However, individuals who sustain injuries on these trails often ask what legal rights may arise in such circumstances.
Under the Occupiers’ Liability Act, individuals using a trail are generally considered to have voluntarily assumed the inherent risks associated with recreational use. That said, municipalities and other occupiers are not absolved of all liability. Section 4 of the Act requires that trails be reasonably maintained and appropriately marked with warnings or signage where necessary.
Liability will depend on the specific facts of each case. A claimant’s conduct may be examined for contributory negligence, which can reduce or eliminate recovery where the injury results, in part, from their own actions. For example, factors such as intoxication or the failure to use appropriate precautions, such as carrying a light when using a trail at night, may be relevant in assessing responsibility.
Ontario courts have addressed these issues in several decisions. In Herbert v. City of Brantford, 2010 ONSC 2681, the municipality was found liable after a cyclist sustained a serious injury due to unsafe trail conditions, including poorly constructed surfaces. Similarly, in Labanowicz v Fort Erie (Town), 2017 ONSC 630, the municipality was held responsible for failing to adequately mark a hazardous section of a trail.
By contrast, in Karpouzis v. Toronto (City of), 2020 ONSC 143, the court declined to find the City liable where a skateboarder was injured while using an unlit trail at night, emphasizing that a reasonable person would have taken precautions or avoided use of the trail in those conditions.
These cases illustrate that liability in trail-related accidents is highly fact-specific and requires careful assessment of both the occupier’s conduct and the actions of the injured party. Regardless, individuals should exercise caution, remain alert to signage, and report any hazardous conditions to the appropriate authorities.
Finally, it is important to note that anyone intending to pursue a claim against a municipality must generally provide notice within 10 days of the incident.
