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Are SHORT TERM BACKYARD POOL 'RENTALS' like "sitting on a grenade" ? 2021/08/29 16:44  
Not legal advice, as usual. ( and yes, upfront these are 'licensed" uses, NOT genuine 'leases' between landlord & tenant paying 'rent' . . . . )

( updated Oct 4/21 CBC Toronto : "Backyard pool rentals make big splash in Toronto. But it's not going swimmingly for neighbours" https://www.cbc.ca/news/canada/toronto/backyard-pool-rentals-make-big-splash-in-toronto-but-it-s- not-going-swimmingly-for-neighbours-1.6196691
one Commenter wryly suggests neighbouring victims should periodically throw an Oh Henry bar over the fence into the pools . . . )

* *

After weeks of sweltering summer weather, local CBC websites have drawn attention to the spread of SWIMPLY ( or other ) short term ( backyard pool ) revenue-generating platforms.

Reminiscent to the AirBnB sorta universe, these platforms generate private bucks for owners ( or other occupants ) with private backyard pools.

One expects it's about neighbourhoods of privately owned, non-condo / non-strata ownership. But theoretically those might even include some subject to Building Scheme cross-covenants ( maybe residential single family non-commercial ) or at least with homeowner associations.

Toronto & Ottawa HOURLY rates cited are up to $ 200 & $ 100 respectively. Some of the pool operators cite 6 or 8 profitable hours daily ( or more ). But presumably neighbours expect or tolerate lotsa pool noises & changing shifts of customer parking along with the hourly noise of "TIMES UP / EVERYBODY OUT " . . . .

Whether or not disruption is being unreasonably externalized like some AirBnb type activity, the CBC cites lawyers' warnings of a wide range of liability where the commercial activity might trigger a denial of conventional insurance coverage.

Reportedly the U.S.based SWIMPLY claims to insure its U.S. clients. BUT NOT those in Canada.

There appears to be an innocence or wilful blindness by some. Cooling off's great, but one dares think of unlicensed, under-staffed, private day-care issues. ( Or even winter toboggan injuries; what could possibly happen in one's backyard pool ? )

The effectiveness of waivers or general indemnity notices etc can be problematic.

Further, parents may be unable to consent to risks on behalf of their minor children or wards nor the ultimate claim possible by an injured minor reaching majority.

One Ottawa lawyer likened ( uninsured ) commercial pool activity to "sitting on a grenade". ( . . . . "could be sitting on a grenade" for 10 or 15 years if a child was injured while using their pool, as parents could seek damages once the child turns 18. "All of a sudden you find yourself in receipt of a letter from another lawyer saying, 'You hosted our client's child back in 2021. He is now suffering from mental deficits as a result of oxygen deprivation as the result of swimming in your pool' . . . "

Aug 19/21 CBC Toronto “Renting out backyard swimming pools can be lucrative, but experts warn of risks” https://www.cbc.ca/news/canada/toronto/backyard-swimming-pools-canada-1.6146210

CBC Ottawa Aug 29/21 “You can rent your pool to strangers, but you could be liable” https://www.cbc.ca/news/canada/ottawa/pool-renting-ottawa-gatineau-1.6154502

April 11/19 “Parental Waivers for Children’s Activities – Are they valid?” by lawyer Michael Brown of Merovitz Potechin LLP ( Ottawa ) https://www.merovitzpotechin.com/parental-waivers-for-childrens-activities-are-they-valid/

California attorneys reach out to Swimply victims : ( undated at Aug 29/21 ) : DTLaw Group “How does Swimply work ? “ https://downtownlalaw.com/practice-areas/personal-injury/how-does-swimply-work/
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