Landowers Liability 2020
If you own or are looking to purchase land that provides access to climbers this is the page for you!
This presentation was prepared by a lawyer but is intended only as asummary of a broad area of law as it existed in February 2020
Please give a BIG thanks to our past board member Michael Levin for the document below that we hope will help navigate the future of outdoor access to all climbing areas.
Landowner Liability & Outdoor Recreation A review commissioned by Climb Nova Scotia, with funding support from Communities, Sport and Recreation Division of the Nova Scotia Department of Communities, Culture and Heritage Compiled by Michael Levin, a Barrister of the Supreme Court of Nova Scotia
The legal rights and liabilities of those who own climbing areas are covered (at least in part) under the Occupier’s Liability Act of Nova Scotia which was created in 1996. The entire statute is available online here. One of the primary reasons landowners restrict access to climbing areas is the worry that they would be somehow liable if a climber got hurt while on their property, but thankfully the Occupiers’ Liability Act S.N.S. seems to specifically preclude this possibility under section 5(1) Willing Assumption of Risk and section 6(1) Deemed willing assumption of risk subsections b and c.