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The following was obtained from:  "The Month Ahead " Newspaper - December, 2002   
 
Know Your Rights
By Ranjan Das, B.Comm(Hons), LL.B., LL.M.

PARENTAL RESPONSIBILITY ACT, 2000:

Civil Liability for Parents

As parents, we know that we are, to a large extent, responsible for our children's actions. Although such responsibility has been part of Ontario law for many years, the passage of the Parental Responsibility Act, 2000 ("PRA2000") has set out a procedure for a person to sue a child's parents in Small Claims Court (limit of $10,000) for "loss or damage to property" and "economic loss suffered as a consequence of that loss or damage to property" when a child "takes, damages or destroys property". The plaintiff generally has the burden to prove its case. However, under the PRA2000, a parent is liable unless they satisfy the court that they were exercising "reasonable supervision over the child" and made "reasonable efforts to prevent or discourage the child." The parent can also avoid liability if the child's activity that "caused the loss or damage was not intentional." Once the plaintiff establishes that the child caused the damage, the onus shifts to the defendant parent.

The PRA2000 sets out a number of factors to determine parental liability. These include the child's age and prior conduct, potential danger of the activity, physical/mental capacity of the child, unreasonable failure to make supervision arrangements, and other relevant factors.

The PRA2000 is an important development in the civil field. 

Too often parents fail to take responsibility for their child's actions, and the PRA2000 will impose liability if the parent cannot establish that he/she took reasonable steps. The "reasonable" standard is an objective one, meaning that the court will consider what an ordinarily skilled parent would do in similar circumstances. The PRA2000 applies to biological parents, adoptive parents, and anyone who has lawful custody of a child or lawful right of access to a child.

Although this statute has been in force since the summer of 2000, very few cases have actually gone to trial, making it difficult to ascertain how judges have interpreted the PRA2000.  Nonetheless, the PRA2000 is something, which a parent should keep in the back of their mind, because a parent might feel morally responsible for their child's conduct, but could be civilly responsible for such conduct under the PRA2000. Prevention versus remediation seems to be an underlying theme in the PRA2000, so the next time your child goes off to do something, think about whether you are exercising "reasonable supervision" over the child and have made "reasonable efforts" to prevent or discourage the child's wrongful conduct.  If you don't, you may find yourself trying to answer these questions in Small Claims Court! !
 
~ December, 2002. The Month Ahead   -Newmarket / Aurora