Parents not liable: Nunavut teen must pay cost of damages

An Inuksuk High School student who punched and tripped another student and damaged electronics in the victim’s backpack February 2016 will have to pay for damages, a judge has ordered. (FILE PHOTO)

An Iqaluit teenager will have to pay back the cost of electronics he damaged after punching and tripping another minor, according to a court decision released Aug. 21 by the Nunavut Court of Justice.

The judgment, delivered by Justice Virginia Schuler Aug. 16, made a point to remind Nunavummiut parents that unlike other jurisdictions in Canada, they do not have enhanced liability for actions by their underage children which result in damaged property.

Schular concluded that the actions of a teenaged boy who attacked another boy at Inuksuk High School in Iqaluit were intentional, and resulted in damaged electronics located in the victim’s backpack.

But, she added, there was not enough evidence to prove the parent of the perpetrator was aware of the act at the time it was committed or that the parent failed to take reasonable steps to prevent the attack—as per the standard of proof needed in common law to implicate them in responsibility.

“Nunavut does not have legislation governing a parent’s responsibility or liability for the tortious actions of his or her child,” Schular said, unlike Ontario, where the Parental Responsibility Act allows for parents to be found liable for property damage proven to be intentionally committed by their children.

Ontario is one of three provinces in Canada that has specific laws outlining parental liability, the others being Manitoba and British Columbia.

That means the teenager who damaged the electronics will have to pay their depreciated value of $688.98 to the parent of the child he attacked.

According to the testimony provided by the parent of victim, she returned home to find her son “distraught” and with a swollen face, and with bruises and scrapes, “all over his body,” in February 2016.

According to the attacker’s testimony, he punched the victim in the face three times, before tripping him, which caused him to fall back on his backpack that held a laptop and headphones.

Private negotiations between the parties to make amends and seek compensation for the damaged electronics had previously failed so the parent of the injured child proceeded to small claims court.