May 2026 - Legal Update - Pool Ownership in Ontario

Owning a backyard pool in Ontario carries legal responsibilities that go beyond simple maintenance. While a pool can be great for families enjoying the summer weather, the foreseeable risk presented by pools means homeowners are expected to take reasonable steps to prevent risks. At the provincial level, liability is governed by the Occupiers' Liability Act, which requires property owners to ensure people entering their property are reasonably safe. In the context of a pool, this means taking active steps to reduce these risks. If someone is injured, the focus will be on whether reasonable precautions were taken. In practice, most day-to-day requirements for home ownership come from municipal bylaws. Most cities have permit application requirements for pools, which set out requirements for pools to be enclosed by a fence of a minimum height, with self-closing and self-latching gates. Permits and inspections are often required before use. Importantly, bylaw compliance is not a complete defence. A faulty gate, easy access point, or unsecured ladder may still result in liability. Landlords face similar obligations, even where tenants use the pool. Insurance should also be reviewed carefully, as non-compliance can affect your coverage in the event of injury. In short, pool ownership comes with ongoing legal duties. Taking reasonable precautions, maintaining safety features, and ensuring compliance with local bylaws are essential steps in reducing both risk and liability. If you are purchasing a property with a pool, and are looking to understand your legal obligations, do not hesitate to reach out to Liddiard Law today! Michael Craig Liddiard, BA MA JD (905) 932-5437 [email protected] Liddiard Law Professional Corporation