End of Season Update:
As Elmdale’s end-of-season approaches, we’re looking forward to some fabulous early fall playing days on our beautiful courts. They have been exceptional this year.
Thanks to the weather, and an amazing volunteer force, we were able to open a week earlier than usual this season. If the weather agrees, we should be able to play to, or close to, the end October.
Our season ends when the City cuts off our water, as it does for all outdoor City facilities with water supply. Last year, we asked to be put at the bottom of the cut-off list so we could extend the season and take advantage of the good weather. The City obliged. We have asked for the same consideration this season.
Our courts are our pride. So a huge shout-out goes to all those volunteers who prepared the courts for the season and our stewards, who are now fully trained to ensure the courts remain properly maintained.
The success of Har-Tru courts is rooted in proper preparation and attention to detail, from opening right through to closing. This year’s efforts, in particular, have meant our courts were the best in the city.
As we plan for this season’s closure, we are aware that some members, especially our new members, might not be aware that the land and clubhouse facilities used by the Elmdale Tennis Club are owned by the City of Ottawa.
The contract we have with the City defines the opening and closing dates of our club. Generally that is from May through October and once the water is turned off, the Club must close.
In previous years, members could sometimes access the courts after the official closure. This is not a viable or safe option for the Club or its members.
We explain why in a question and answer attachment which we invite all members to read should they have had any expectation of using the courts after closing.
- Why is the Board so concerned about managing risks at the club?
The Board has a responsibility to manage risks to protect both the members and the club itself. Unmanaged risks could lead to serious injuries, legal disputes, or financial losses, which would negatively impact the entire club community. Proper risk management helps ensure the club’s long-term viability and safety for everyone.
- Isn’t the Board of Directors’ only role to provide members with access to the club’s tennis courts for play?
No, the Board of Directors has broader responsibilities, including ensuring the club is operated safely, legally, and in the best interest of all members. This includes risk management, financial oversight, and compliance with any contracts or regulations the club is subject to.
- Shouldn’t the Board just accept the risks and deal with issues if something goes wrong?
It is unwise to adopt a “wait and see” approach when it comes to risks. Proactively addressing potential risks can prevent accidents and legal issues from arising. If the Board waits until something goes wrong, the consequences could be severe, both in terms of member safety and financial impact.
- Would asking each member to sign a waiver or establishing a “play at your own risk” policy after the water is turned off and the club is unattended by staff protect the club from liabilities in Ontario?
In Ontario, while waivers and “play at your own risk” policies may provide some level of protection, they do not fully eliminate liability, especially if the club is found to be negligent in managing known risks. Under Ontario law, waivers must be carefully drafted to be enforceable and may not hold up in court if a serious injury occurs due to hazards that the club could have reasonably mitigated. Additionally, the Occupiers’ Liability Act in Ontario places a duty on property owners, including clubs, to take reasonable steps to ensure the safety of individuals on their premises. Therefore, while waivers can reduce liability, they are not a complete safeguard, and it remains essential to address risks such as those posed by the lack of water or unattended facilities.
- If the club’s insurance doesn’t cover current risks, why not purchase additional coverage to extend beyond the City’s closure date?
The club has a duty of care to mitigate known and easily manageable risks rather than rely solely on insurance to cover potential liabilities. If the risks are foreseeable and preventable, failing to address them could expose the club to claims of negligence, and additional insurance would not add additional protection in such cases. Since the solution is straightforward—closing the club to coincide with the City’s water closure—continuing to operate beyond that point is an example of a failure to fulfill our duty of care. This would put the club in a precarious legal position and increased exposure to liability.
- Can the Board of Directors ignore the contract with the City of Ottawa?
No, the Board cannot ignore the contract with the City of Ottawa. Doing so could result in legal repercussions and could damage the club’s relationship with the city, potentially jeopardizing future agreements or funding. Contracts must be adhered to unless renegotiated with mutual consent.
- Wouldn’t hiring a steward to staff the club after the water is turned off allow us to keep the Club open?
Hiring a steward would not solve the issue or allow us to keep the Club open once the water is turned off. Without water, the steward would lack access to essential facilities such as bathrooms and water for court maintenance. This creates unacceptable working conditions that do not comply with safety and hygiene standards. Additionally, operating outside the City’s contractual terms would still put the Club in non-compliance with our legal obligations, which would void our insurance coverage. Therefore, hiring a steward is not a viable or compliant solution.
- If I can’t play tennis at the club, where else can I play, such as public or indoor courts within the city?
When the club is closed, members may choose to play at city-operated public courts or at indoor facilities within Ottawa. These facilities often have different operational hours and may offer a temporary alternative for members until the club reopens.
The Elmdale Board.
