Sunshine, S’mores & Safety: Understanding Camp Liability
Ah, summer! The season of sunscreen, bug spray, and the echo of children’s laughter throughout parks, gyms and cabins. Thousands of Ontario kids have traded school desks for canoe paddles and hiking boots, eagerly forging new friendships, participating in recreational activities, and building memories that last a lifetime.
From local day programs to specialized sports and music camps—and even week‑long sleep‑away adventures in the wilderness—summer camp remains a beloved rite of passage, offering everything from creative workshops and sports drills to late‑night campfires and the occasional scraped knee.
Unfortunately, not every camp memory is positive—some children experience traumatic injuries, from physical harm caused by accidents or assaults, to emotional and psychological damage due to harassment or abuse. While camp may feel like a worry-free oasis, there’s an important behind-the-scenes issue parents, camp operators, and insurers must be mindful of: Who’s on the hook if your child gets injured?
Duty of Care: The Legal Life Jacket
While camps offer fun-filled adventures accidents can and do happen, and the law has clear expectations when it comes to camper safety.
In Ontario, camps are “occupiers” under the Occupiers’ Liability Act (OLA). All summer camps, whether municipal day camps operating out of local parks and recreation centres, private day camps run by groups such as the YMCA, religious institutions, private businesses, or sleepaway camps managed, owe a legal "duty of care" to their campers. They must take reasonable care to keep campers safe on land, water, and everything in between. Reasonable doesn’t mean bubble‑wrapping every kid, but it does require trained staff, inspected gear, enforceable rules, and prompt medical aid.
If an injury traces to negligence, the camp, its insurer, and sometimes individual counsellors may be liable in tort.
Waivers and Their Limitations
Most camps require parents to sign liability waivers, and Ontario courts usually uphold clear, parent‑signed waivers—even for minors—thanks to Schnarr v. Blue Mountain Resorts Limited [2018] ONCA 313. These documents attempt to limit the camp’s responsibility for certain injuries or risks. While waivers may be enforceable and bar many claims, they don’t give camps carte blanche. They cannot waive liability for gross negligence or willful misconduct.
When Things Go Wrong: Your Options as a Parent
Despite rigorous precautions, serious injuries can still occur at camp—and their impact can be devastating, often requiring lengthy medical treatment, rehabilitation, or long‑term psychological support. In these situations, parents often wonder: Do we have legal options? The answer depends on the facts. If the injury was caused by negligence—such as inadequate supervision, poorly maintained equipment, or unsafe conditions—the camp and its insurer may be held financially responsible for medical costs, future care needs, and other losses. Even if you signed a waiver, it may not prevent a claim if gross negligence or reckless disregard for safety is involved.
Acting swiftly is crucial: get immediate medical assessment and keep all records (ER notes, prescriptions, follow-up care). Notify the camp in writing and request a copy of any incident report, witness names, and photos of the location or equipment involved. Save the registration package and signed waiver as wording matters, especially under Schnarr.
Where serious harm is suspected, do not rely solely on verbal updates; document conversations and ask whether police, public health, or child-protection authorities were contacted. Multiple parties may share fault—camp operator, third-party program providers, transportation companies, or even equipment manufacturers—so preserving evidence early helps your legal team identify every potential defendant before limitation issues arise.
Protecting Your Child’s Rights
Summer camp should create lifelong memories—not lifelong injuries. If your child has been hurt - physically, emotionally, or psychologically - at camp due to negligence, you don’t have to navigate the legal complexities alone.
Our law firm has experience handling claims under Ontario’s Occupiers’ Liability Act and understands the nuances of waiver enforceability. We will review your case, explain your options, and fight to ensure your family receives the compensation and support you deserve.
