Marklinger v. British Columbia, 2026 BCSC 710 concerns a tragic accident that occurred in the summer of 2018 when a hiker was fatally struck by a falling tree while hiking near Campbell River on a trail managed by Recreation Sites and Trails BC. The deceased’s family alleged that the Province had breached their duty of care by not adequately maintaining the safety of the trail. The Court, however, concluded that owners of land that is used for recreation are subject to a reduced standard of care, which had not been breached in this case.
The Case
The court stated that the reduced standard of care imposed on owners of recreational trails requires that they do not create a danger with intent to do harm, or act with reckless disregard for the safety of users of the land. To be considered reckless, a landowner must do, or fail to do, something that is more likely than not to cause damage or injury to a user of the land. The court further stated individuals who access recreational trails which are reasonably marked as such will be deemed to have willingly assumed all risks associated with use of the trail, including suddenly falling trees.
The Province completed an assessment of the trail in March of 2018, concluding specifically that the tree which later fell was not a “danger tree.” This assessment satisfied the applicable standard of care, thus contributing to the courts conclusion. The assessment, however, was not accompanied by detailed documentation. Although this did not affect the outcome of the case, the judge specifically encouraged trail assessors to maintain thorough records and ensure accurate documentation of assessments in the future.
The Reasoning
The reduced standard of care was intended to “encourage the opening up of rural lands to recreational use” (Hindley v. Waterfront Properties Corp., 2002 BCSC 885). It was argued that imposing a higher standard of care would expose landowners to substantial liability, likely resulting in reduced public access to much of British Columbia’s natural beauty.
The Takeaway
Although owners of land used for recreation benefit from a reduced standard of care, it remains good practice to conduct and document regular assessments of their property. Users of recreational lands, on the other hand, must weigh the benefit of increased access to BC’s natural environment against the risks associated with this lower standard.