Tag: légal

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Cottage Life

Cottage Q&A: Liability insurance for a remote cabin

By Portrait Image Asia/Shutterstock

Is it possible to get liability insurance only for a remote cabin? My concern is that a guest could get hurt, or when we aren’t there, someone could trespass (and get hurt). We are U.S. citizens, so we can’t add it onto our home policy. We aren’t concerned about fire and theft because we don’t leave anything of big value inside.—John Sterzick, via email

It’s possible. But it may not be easy. (Sorry.) Or cheap. (Double sorry.)

“It’s a challenge to get coverage for standalone liability,” admits Greg Robertson of R. Robertson Insurance Brokers in Toronto. “There are wholesalers that will provide liability only, but the cost could be more than insuring the cabin.”

Wholesale brokers don’t deal directly with the client, they communicate with the client’s broker. “It’s the client’s broker who will approach me for coverage,” says Bev Mitchell, a special risks underwriter—and a wholesaler—with Johnston Meier Insurance Agencies in Maple Ridge, B.C. “As a go-between, I have contracts with companies the broker can’t access.” 

Could installing cameras lower your insurance costs?

You’re probably going to need to shop around. Check with various local brokers who deal with cottage insurance: what’s the cost of insuring your place on a package that includes liability vs. the cost of a standalone liability policy? As an example, Peter Granata of Kennedy Insurance Brokers in North Bay, Ont., says that most premiums for full-coverage policies are between $1,000 and $5,000 per year. The minimum premium for a liability-only policy from one insurer that the brokers sourced was about $1,500 (plus tax) per year. And the maximum? It would be too difficult to ballpark. “I’m unaware of a maximum quote,” says Granata. “Factors such as property acreage and location would play a part in determining the annual premium.” 

Mitchell says that while getting a liability policy via wholesaler is generally very expensive, the fact that your cottage is remote could be a game-changer. “Many insurers either do not want to insure in remote areas or charge an extremely high rate for the building coverage,” says Mitchell. If that’s the case, going the wholesaler route might work out to be the lesser of two expensive evils. Good luck with your search!

This article was originally published in the Winter 2022 issue of Cottage Life.

Got a question for Cottage Q&A? Send it to answers@cottagelife.com.

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Cottage Life

Cottage Q&A: Builder liability if the cottage floods

By Pascal Huot/Shutterstock

Is my builder liable if my new cottage is built in a floodplain and it floods?—Sierra Marley, via email

We’re assuming you’re in Ontario, and that you’re asking this question because of the recent changes brought about by Bill 23 and the two proposed amendments to the Conservation Authorities Act. Unfortunately, it’s a tough question to answer. And not only because Bill 23 is a new piece of legislation.

“These sorts of things are very fact specific and a number of variables can drastically affect the legal issues,” says Oliver Cooper, a lawyer with MKC Law Office in Peterborough, Ont. Still, yes, it’s possible that the builder could be liable—it would likely depend on the contract that you signed with them at the time of the build.

Actually, “there are a number of parties who could potentially be liable, including any contractors, municipalities issuing permits, builders, and inspectors,” says Cooper. Who is legally at fault for damage to the flooded cottage would be affected by “any contracts entered into which may limit liability and the duty of care and standard of care each party has to the owner,” he says. “I have seen claims where all of the above have been named in lawsuits, along with prior owners.”

Your question brings up other questions: what if this flood happens years after the cottage is built and the builder isn’t even around anymore? And what about insurance—would a company insure such a property without excluding flooding as an insured risk? Would a company insure it at all?

Cottage Q&A: Insurance for lake ice damage

Bottom line: it’s complicated. (Legal matters usually are.) As always, if you have concerns, you’re best to contact a lawyer directly and lay out the specifics of your particular situation.

Got a question for Cottage Q&A? Send it to answers@cottagelife.com.

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Cottage Q&A: Revoking a right-of-way

By Peter Turner Photography/Shutterstock

There is a right-of-way through my property that dates back to horse and buggy days. Traffic has obviously increased; it is now being used by heavy construction equipment to build and remodel cottages beyond our property. Is this legal? Can it be stopped? Can an old RoW be revoked because of a substantial change in use?—Jan Le Clair, Sand Lake, Ont.

Ian Keay, a managing partner with MKC Law Office in Peterborough, Ont., is answering your questions with…more questions. “Does the party using the right-of-way have that right in their deed? If the answer is no, then, does the party using the right-of-way have a prescriptive right-of-way?” (That’s when the easement is created after a party uses the road for a certain number of years, giving them a form of “adverse possession”—a.k.a. squatter’s rights—that legally allows them to use the road.)  

If those using the right-of-way don’t have that right in their deed, you could apply for an injunction (a judge’s order) to keep the construction equipment off your property, says Keay. “But the party doing the construction may be able to establish a prescriptive right-of-way, which could defeat the injunction.” 

Okay, back to square one. It’s true that the construction equipment might exceed “what was contemplated when the original right-of-way was granted,” says Keay. Or, the disruption could amount to “substantial interference,” considered offensive, inconvenient, or annoying to a “reasonable person.” 

The former does happen. For example, a right-of-way established only so that a farmer can lead cattle to the edge of a lake to drink, or a right-of-way to only access parking. Unfortunately, “most often with ‘old’ rights-of-way, there are no restrictions or specifications whatsoever,” says Keay. “And I doubt the usage amounts to substantial interference.” (Yes, apparently, there is equipment that is more annoying than construction equipment.)

Even if it does, Keay doesn’t think that the right-of-way would be revoked. “It’s more likely that the continued use of the road by the heavy equipment could be restricted or prevented. Only a judge can do this.”

So, you might not be able to stop all traffic on the easement, but if it keeps the noisy equipment off your property, that’s a win, isn’t it? Contact a lawyer with a strong background in easements, and go from there.

Got a question for Cottage Q&A? Send it to answers@cottagelife.com.

This article was originally published in the May 2022 issue of Cottage Life magazine.

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Cottage Life

Cottage Q&A: Can you post ‘No Trespassing’ signs?

By ICKEDA/Shutterstock

I’m the president of a property owners’ association and we are looking at posting two signs at the entrance to our private roads. (The municipality does not maintain our roads. They’re maintained by the association dues we collect annually from each property owner.) In the last couple of years, we have noticed more activity on our roads by individuals who are not members of our association. More specifically ATV activity and people using the roads to access our lake. Does the association have a right to post a sign stating “Private Road No Trespassing”? Are there any ramifications in doing so and is there other wording we should consider?— M.J., Trent Lakes, Ont. 

Go ahead and post your signs. “If the road is a private road and is private property, the owners of the road have the right to post ‘No Trespassing’ or any other signage restricting access to the property,” says Jeffrey E. Streisfield of Land Law. Post as many signs as you want: “There is no restriction on the number of signs you can erect on your private property or along the roadway.”

It’s a good idea, however, to first confirm the registered owner of the private roads, says Oliver Cooper, a lawyer with McGillen Keay Cooper Law Office in Peterborough, Ont. “Are the roads included on every cottager’s property deed? Or is only one person the actual owner?” This could matter because, under the Trespass to Property Act, it’s only the person who is officially considered an “occupier” who has “legal authority to deal with the road,” says Cooper. (For advice on how to track this info down, contact your lawyer.)

But back to your question. Your wording suggestion is fine, but “I’d also include ‘No Unauthorized Motor Vehicles,’ ” says Cooper; this drives the point home for the ATV riders. And put a “10-cm, solid red circle in the middle of the sign,” he says. It’s highly visible, and everyone knows that red means stop. In fact, under the Act, a 10-cm red circle is the only thing you need to post. “As soon as you post that, you’ve ‘given notice,’ ” says Cooper. “Anyone who comes on your property uninvited is violating the Act.” 

There are no ramifications to posting the signs. But there’s also no guarantee that they’ll work. Let’s give these ATV riders and other non-association members the benefit of the doubt: maybe they don’t know the roads are private. Maybe once the signs are up, they’ll stay away. If not, you have every right to call the police—they’re breaking the law.

This article was originally published in the Winter 2021 issue of Cottage Life magazine.

Got a question for Cottage Q&A? Send it to answers@cottagelife.com.

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Cottage Life

Should you install de-icers at the lake?

By Mary Anne Love/Shutterstock

Ah, the “off-season” at the lake. The peace. The quiet. The wildlife crossing pristine ice—ah, yes, the ice. In 2019, winter ice damage and spring floods left cottagers scrambling to protect and repair shoreline structures. Katie Peet of R & J Machine in Lakefield, Ont., says that they fielded several calls from cottagers looking to install de-icers. “If they have a couple of feet of water, they can put one in to open up ice so it can’t be pushed and piled on the shoreline,” she says. “Some people use a chainsaw to open up the ice, but you may have to do that every day because it freezes over again at night.”

 

Winter is coming

Ice expands as it melts, until it turns to water. Cracks will form in lake ice in response to the different expansion rates caused by warmer temperatures at the top. An ice sheet gets bigger as water flows from underneath up into the cracks and then freezes. With successive freeze-thaw cycles, that ice moves toward shore, shoving up anything in its way—docks, boathouses—in a process called ice-heave or ice-jacking. Spring flooding can also drive thick ice into shoreline structures.

Bottom line Winter ice is a natural fact of cottage life, but, unfortunately, the damage it causes is a standard exclusion to most insurance policies. “People seem not to be aware of that,” says Allison Bryce, with insurance brokerage The Magnes Group. She advises clients to install de-icing systems to protect a shoreline investment that can be worth hundreds of thousands of dollars.

 

Keeping the ice away

A properly installed de-icer will create as small an opening as possible while still keeping structures free of ice. The systems come in two forms: impellers and bubblers. Impeller de-icers, such as the Kasco and Arbrux systems, combine a motor with a propeller enclosed in a cage that is suspended by ropes or a bracket from a dock or float. The angle of the unit can be adjusted, and which size motor you choose depends on the temperature and the depth of the water (you may need more than one device).

Bubbler de-icers, like Canadian Pond’s Thawline linear system, use a compressor on shore to feed air through submerged tubing. Brent Statten, of DeiceAir in Huntsville, Ont., which installs both Kasko and Thawline systems, is a fan of aeration. “It’s like a tailored suit,” he says, “custom fit to snake around docks and open up only the minimum amount of water necessary.” Bubbler systems use less power than impellers, with no electricity in the water or moving parts to get clogged with sticks, debris, or even ice. And bubblers can be left in place all year (as can impellers, but they’re unsightly).

Bottom line Get advice from companies that sell the systems, even if you plan a DIY installation. Often people wait until the last minute to install them, Statten says, rather than planning their site out and taking time with the installation. Do it before it gets cold, he advises, “and obviously before the ice sets in.”

 

This one’s on you

Though not highly regulated by municipalities, de-icers are prohibited on some waterways, such as some administered by Parks Canada. At the very least, bubblers are controversial in cottage country. Chris Collings, a bylaw enforcement officer for the Township of Lake of Bays, Ont., says that he often gets complaints about installations that create open water near snowmobile routes or about hazard lights that bother other property owners. But while your municipality may not control the use of de-icers, Section 263 (1) of Canada’s Criminal Code says,  “Every one who makes or causes to be made an opening in ice…is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.” If you fail to do that, and a death occurs as a result, you could be charged with manslaughter. But what’s “adequate” is not specified. The experts we consulted recommend marking any opening with signs (in all directions), reflective tape, and flashing amber lights (not red, which could be mistaken for the tail lights of a snowmobile).

Check with your local municipality before installing a system. Even if there isn’t a de-icer regulation, there may be other restrictions. Lake of Bays, for example, has a dark-skies bylaw that requires all outdoor lights to be shielded and facing downward, so flashing lights may be non-compliant. But Collings says you can install a downward-facing spotlight that illuminates a warning sign.

Bottom line As the Criminal Code makes clear, alerting lake users to the dangers of open water is serious business. So channel your inner Scout and be prepared. As Brent Statten says, “No one wants to think that winter is coming, but it does every year.”

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Potins

Jennifer Connelly in roof dispute

Jennifer Connelly is being sued for allowing her roof to ”fall into disrepair”.

The 43-year-old actress’ New York loft apartment suffered extensive damage costing $262,000 following a big rainstorm in October 2010 and her insurance company have filed a claim against the construction company who worked on the roof in the 1860s former warehouse building.

However, according to TMZ, the roofers have filed a counter-claim in which they insist the problems were the actress’ fault as she had allowed it to fall into disrepair and if a jury orders them to pay the insurance company, they want a judge to make Jennifer – who raises sons Kai, 17, and Stellan, 13, and daughter Agnes, three, with husband Paul Bettany – pay them back.

Despite the legal dispute, the ‘Noah’ actress insists it is nothing to do with her.

She told the New York Post newspaper’s Page Six column: ”It’s not correct. There’s no story, there’s no lawsuit. It’s misinformation.”

Her spokesperson added: ”[The actress] put a claim on [her] insurance, and the roof was fixed, and that was that. She had nothing to do with the lawsuit.”