The Parental Responsibility Act
If you are the parent of a child under the age of 18, did you know that you may be held responsible for your child’s actions if they cause damage or harm?
In 2000, the Ontario government passed legislation called the Parental Responsibility Act. Firstly, this legislation allows victims of theft or property damage to sue the parents of a minor in Small Claims Court for their damages. The parents will be found automatically responsible, unless they can prove they were exercising “reasonable supervision” over the child at the time of the activity in question, and they had made “reasonable efforts” to prevent or discourage the child from engaging in such activity.
Secondly, the Parental Responsibility Act has a much more sweeping effect. The legislation states that in all other litigation outside of the Small Claims Court, a parent will be assumed to have failed to exercise reasonable supervision and control over the child, unless they can prove otherwise. This is known as a “reverse onus” provision.
The consequences of the Parental Responsibility Act may be significant if your child causes an injury to someone else. Thankfully, most home insurance policies will provide coverage for such losses. As such, if you are the parent of a child under 18, you should review your insurance policy and confirm you have adequate coverage in place.
About the Authors
Adam Little earned his undergraduate degree from the University of Toronto in 1996. He graduated from Queen’s University Faculty of Law in 2000 and was called to the bar in 2002. Adam was practicising on Bay Street for a leading Toronto litigation firm that represented doctors in medical malpractice claims when he realized that helping people through personal injury litigation was what he wanted to do. “I wanted to work for the best,” he said. A partner at Oatley Vigmond had written the best-known book available about addressing jury trials, which Adam had read and admired. He wrote to the partner, went through an intense interview process and became a partner at the firm in 2005.