Q: Our local high school was vandalized by a group of teenagers, aged 14 and 15. They did a lot of damage and cost the school board a lot of money. I am a school trustee and want to know if the school board can sue these kids or, better yet, their parents.
A: The school board may be able to claim against its insurance. However, I understand that you may not want to do this because it could affect the premiums the board has to pay. We must then examine whether the board has any remedies against the children or their parents.
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The teens are likely immune from a civil suit. Generally speaking, infants (people younger than 18) can only sue or be sued by suing a parent or guardian as a representative.
Children between six and 17 are held to be responsible for their actions. For example, if a 16- or 17-year-old drives drunk, their insurance is likely voided and they will be held responsible for any damage to property belonging to other parties. If they hit another car or run into something, the innocent party will be paid but the insurer can pursue the teenagers for judgment.
The practical problem is that it is unlikely the child will have any property to seize and sell, so any judgment obtained is unlikely to be satisfied. You can win, but the victory may be hollow.
You may want to consider seeking a restitution order through the criminal courts if the teenagers were charged criminally.
Courts have a wide jurisdiction to order payback to victims. If an accused is found guilty, the court imposes a sentence and in doing so will consider whether to impose one or more of the following sanctions: performance of community service, probation with or without supervision, an intensive support and supervision program, an open or secure custody and supervision order, a deferred custody and supervision order, a fine, a conditional or absolute discharge or a restitution order.
To do this, your board should have the repairs assessed and obtain written estimates. These should be provided to the prosecutor in charge of the case, and you should request that a compensation order be considered.
Co-operation with the crown prosecutor, as well as providing him with documents to support the claim, can be key to success. This is better than a civil judgment in some instances because completing restitution is a condition of the sentence and the court can take steps to ensure it is satisfied.
Can you sue the parents or guardians for the wrongdoing of children? In Canada, the general rule is that parents are not liable for their children’s wrongdoing.
There are exceptions. The test for liability is based on supervision. At law, parents are responsible for supervising their young children. A parent must take reasonable care to ensure that his child does not cause harm or damage to others. If the parent does not take reasonable care and the child does something to harm another person or their property, then the parent or the person supervising your child could be held liable.
In your case, if you know the families involved, you can ask yourself a series of questions to see if you have a chance at recovering from the parents. Were the children in trouble before? Is there evidence that the children were allowed to run wild, with little or no supervision? Better yet, is there evidence that the parents were confronted about their child’s behaviour but did nothing to correct it?
If the answers are yes, it is possible you can sue the parents for the damage. This is not an easy prospect, so take care and get good legal advice early.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in 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.
