AboutParrySound.com

By Jayson Schwarz.

The cottage in the winter is a different place; snow piled high, the trees bare, the lake frozen over and the cottage an oasis in an ocean of cold.  We sit by a roaring fire that dispels the chill and provides a feeling of warmth that reaches to our very core. There are basically two kinds of cottagers: the ones that close the cottage at Thanksgiving and those that keep the cottage open year round.

There are a myriad of things that can go wrong in the winter from pipes bursting, to energy cost, to being snowed in and so on…

If the cottage is closed you may have a few things to consider. Does your insurance policy cover the cottage if there is a mishap in the winter months? Does your policy insist that the cottage road be open so that emergency vehicles can get in? Have you arranged for someone to do regular inspections to avoid snow piling on the roof or to check for break-ins?

If the cottage is open year round and you go regularly there are different issues. The road in is the first thing to consider. Who has the obligation to keep the road ploughed? This issue can become a tremendous sore spot. On many roads there is a mix of cottagers that winter and those that don’t. Generally speaking, those that don’t use their cottage in the winter do not want to pay to keep the road open. Now is the time you discover how the road works in law. Unless there is a written agreement to the contrary, or some subdivision agreement necessitating payment, no person that is part of a cottage association has an obligation in law to pay for anything as a general rule relating to the maintenance of assets not theirs. In most established cottage community areas when the road has not been assumed by the local municipality, it was created over everyone’s property and mutual easements were provided

and registered to allow ingress and egress. So back to the question… who has to pay? Clearly the answer is to try to convince everyone to contribute, and after that if you want to use the road., make a deal with those that plough.

Another issue is liability. What I mean by this is that in the winter there are different and unfamiliar opportunities for a guest to be injured. Let’s start with the lake; either a snowmobile or a walk on the ice can lead to disaster if the ice suddenly gives way beneath an inexperienced and ill-prepared person. Cutting wood is a manly affectation that can lead to severed limbs and deep cuts. A walk in the woods can become frostbite or broken limbs due to slipping on ice or into a tangle and falling.  Remember, we don’t salt like we do at home and we are unfamiliar with what lies beneath the snow. So where is this going? Someone gets hurt and we have not properly provided warnings, taken all the steps we ought to, etc., and suddenly we are being sued and up goes the insurance rates – and be prepared to pay the deductible. The legal perspective is: be careful. Watch and educate guests and keep a close eye on the kids and pets.

So, should I close it up? Should I avoid winter cottaging? It is a matter of personal choice, but for me

and mine using the cottage in the winter is one of the most magnificent, fantastic, amazing things you can do.  If you stop and stand still on the side of your lake, snow everywhere, the sky a piercing blue, you can hear the silence. Despite the obstacles, you will participate in a truly Canadian pastime: you will enjoy some of the most beautiful scenery and remarkable outdoor activities that you can share in winter. Dress warm, bundle up and love the difference and uniqueness of your cottage at this time of year.

Jayson Schwarz is a Toronto business lawyer and partner in the law firm Schwarz Law LLP.  Visit them on the web at www.schwarzlaw.ca

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