Parental Responsibility Act
Parents can be sued.
In Ontario, parents can be liable for the actions of their children.
Many are unaware of the Parental Responsibility Act, 2000.
The act defines the liability of a parent. Basically, if a child damages or destroys the property of another the victim can sue the parents in Small Claims Court.
The victim can sue up to the maximum of $25,000 as per the Small Claims Court rules for loss or damage of the property sustained as a result of the activity of the child. Furthermore, the victim can sue for economic loss.
The parent can defend the lawsuit by satisfying the court that reasonable supervision was exercised and that the loss or damage was not intentional.
Finally, the act sets out a variety of factors the court might evaluate when considering whether the parent exercised reasonable supervision. For example, the age of the child, the prior conduct of the child and the potential danger of the activity to name only a few.
For further information please feel free to call Rehan Khalil a lawyer in Mississauga, Brampton and the Greater Toronto Area.
anytime for a free consultation