A 16 year old walking down the street, throws a stone at a store
window. Two 14 year olds out of a sense of mischief open a farm gate
letting several head of cattle escape. What legal responsibility do the
parents have in such cases?
Under common law, that is the rules of law made by the courts, parents
are responsible for their children. That duty includes using reasonable
care and supervision to ensure their children don’t cause harm to
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others. If parents have failed that duty, then they are liable for the
actions of their children.
In Jordan vs. Schofield, a seven-year-old boy found his father’s
cigarette lighter on the coffee table and lit some tassels on a
cushion. He hid the cushion in a closet. The parents, who were in
another room, noticed the smoke and found the cause. The father doused
the cushion and threw it into the bathtub. The family left for
breakfast. When they returned they found their apartment on fire. The
landlord sued the parents for not properly supervising their child and
second, for failing to properly put out the fire.
The judge found that the child was not unattended as both parents were
in close proximity. “Tending a child does not require constant
immediate attention,” the judge ruled. The parents reacted as soon as
they discovered a problem and the court found that they were not
negligent in their supervision. However, the father was found liable
because he had not done enough to ensure that the fire was out.
In Slaney vs. HP, a 16-year-old boy assaulted a woman while she was
walking with her child. She received serious injury to one of her
knees. He was charged with assault causing bodily harm and pled guilty
to the charge in youth court.
The victim sought a ruling on whether she could sue the parents for her
losses. The judge concluded that a 16 year old could not be supervised
at all times as teenagers will wander and the parents had no reason to
believe that their son would engage in such an assault.
At least three provinces, Manitoba, Ontario and British Columbia, have
attempted to bring in laws purportedly making it easier to claim
against parents. In all three provinces, parents are responsible for
property damage that their children cause unless the parents show that
they were exercising reasonable supervision over the child. Under these
laws, the onus is on the parent to show that they were exercising
reasonable supervision. This is a departure from the common law under
which the person making the claim is required to show that the parents
had failed in their duties.
In all three provinces, evidence of a conviction under the Young
Offenders Act is considered proof that the child caused the damage.
This, too, is a departure, as information regarding convictions under
the Young Offenders Act are confidential. In all three provinces,
claims against parents can be made in small claims court. In this
court, claimants are bound by the limits of the courts ($10,000 in
British Columbia and Ontario, $7,500 in Manitoba).
As I’ve pointed out in other columns, a victory in small claims or any
other court does not mean you will get the money. If the defendant does
not pay voluntarily, you will have to resort to methods like garnishees
or writs of execution. If the parents have few assets and little money,
you might never collect.
Recently, an Ontario court considered a claim brought against the
parents of a 14-year and a 10-year-old boy under the Parental
Responsibility Act. The two boys were left home alone during the day.
One day, when alone, the two boys broke into the home of WS and stole
jewelry. The judge found that a 14 year old supervising a 10 year old
might not be a perfect arrangement, but that it was reasonable and the
parents were relieved of any liability.
Don Purich is a former practising lawyer who is now involved in
publishing, teaching and writing about legal issues. His columns are
intended as general advice only. Individuals are encouraged to seek
other opinions and/or personal counsel when dealing with legal matters.
