League and Williams Lawyers

Tag: parental responsibility

  • Children’s ICBC Claims: The Clock is Ticking

    Children’s ICBC Claims: The Clock is Ticking

    ICBC Claims Involving Children  

    What happens when a child is harmed in a car accident? Minors (those under 19 years of age) who have been harmed in car accidents have a right to make an injury claim through ICBC.  Like adults, they are entitled to no-fault benefits and may also be entitled to additional compensation through a tort claim.  However, the time limits (limitation periods) that apply to the injury claims of children are different from those that apply to the injury claims of adults. 

    What are No-fault Claims (Part 7 benefits) and Tort Claims?

    Compensation from ICBC for being injured in a car accident comes from either no-fault (or Part 7) claims and/or from tort claims.

    People are entitled to no-fault benefits regardless of their fault or responsibility for the accident. ICBC no-fault benefits include some payment for rehabilitation costs for medical and physiotherapy treatments and partial wage loss replacement.  It is important to note that the amounts paid by ICBC for no-fault benefits often do not cover the full cost of medical and physiotherapy treatments. 

    Additional compensation, for people who are at least partially not at fault for the accident, happens through a tort claim.   A tort claim is intended to “make whole” a victim of an accident. Tort claim compensation includes payment for pain and suffering, and an award for wage loss and treatment costs over and above what was covered through ICBC’s no-fault benefits. 

    What limitation periods apply to a child’s ICBC claims?

    People under the age of majority in BC (under 19 years of age) are under what is called a “legal disability”.  The “legal disability” is that they are unable to sue on their own behalf and must rely on a parent or guardian to do so on their behalf.  Recognizing this “legal disability”, the Limitation Act provides that for a minor, their limitation period of two years usually does not begin to run until their 19th birthday, however, there are some important exceptions to this rule.  While the limitation period is suspended for the tort portion of a child’s ICBC claims, the limitation period for a child’s Part 7 or no-fault benefits portion of their ICBC claim is an exception to the rule.  

    The clock is not stopped until the claimant’s 19th birthday, with respect to Part 7 or no-fault benefits.  A minor, even someone who is 10 years old for example, must sue ICBC within two years of the accident date or the last day they received no-fault benefits, or their right to no-fault or Part 7 benefits will be forever lost.   That is, if ICBC refuses to pay for no-fault benefits, perhaps because they believed the injuries were caused by some event other than the car accident, then a person, regardless of age, has only two years from the date of the accident or the last day ICBC paid no-fault benefits, to preserve their limitation period for the no-fault benefits portion of the claim by filing court documents.  

    What should parents of children injured in a motor vehicle incident do?

    Parents of children injured in a motor vehicle accident should seek legal advice about their child’s legal claims from the accident and should bear in mind the limitation periods that apply to their child’s claim (both the tort and no-fault portions of their claim).  Parents are responsible for protecting the legal rights of their children and should make a timely ICBC claim on their behalf if they are involved in a motor vehicle collision.  If you, or your child has been involved in a motor vehicle collision, it is important to get sound legal advice.  Our injury lawyers offer free consultations, can help pay for treatment when ICBC will not, do not get paid until your case is resolved and are experts in ICBC injury claims. Contact us at 250-888-0002 or via email at info@leaguelaw.com.

  • Parental Liability: Legal Responsibility for Acts of Children in BC

    Parental Liability: Legal Responsibility for Acts of Children in BC

    When a child is to blame, who is legally responsible?

    It is important to teach children to take responsibility for their own actions, however, in BC does that responsibility extend to the legal ramifications of the actions of a child? When the actions of a child lead to property damage or other losses, who does the law hold responsible? Is it the child that is legally responsible or is it the parents? What is the law of parental liability in BC?

    The common law in Canada doesn’t prevent civil claims from being brought against minors, but children, especially younger ones, aren’t usually all that likely to be held responsible. Their actions will be viewed against what might be expected of children the same age.  Even if a court did find a child liable, there would rarely be much point in bringing the case in the first place. When a civil lawsuit is started the goal is usually to ask the court to award damages, or money, that would compensate for the loss that occurred. Not many kids are going to have enough Lego to pay off a judgment.

    A child’s parents on the other hand may very well have substantial assets, but are they legally responsible for their children’s actions? The answer in most of Canada is no; however, the law in British Columbia is different. The Parental Liability Act holds parents responsible for intentional loss or damage caused by their children up to a limit of $10,000. Parents won’t be responsible if they can show they supervised the child and discouraged the behaviour, making court cases under this law very rare. Claims have been started for reasons such as a stolen computer and for stealing from and then vandalizing a house.

    The BC School Act – Teaching Parents Lessons on Parental Liability

    Parents in BC ought to be much more concerned with the School Act, that says that parents will be held responsible for the damage caused by their children to school property, whether that damage was intentional or not. The parent’s own actions are not a defence and there is no dollar limit. Thankfully, this too has led to very few cases in the courts.  The consequences of those cases have been very harsh for the families involved. In one case, several teens went joyriding in 1993 before setting a car on fire on school grounds.  The fire ended up causing $3 million dollars worth of damage. The court of appeal held the teens’ parents responsible.  More recently, a student played a prank that unintentionally caused the fire sprinklers to go off in his school. While this incident was far more of an accident than the previous cases mentioned, the incident caused nearly $50,000 in damage and the parents were ultimately responsible for the clean up costs.

    While the courts have recognized that the effect of this legislation is draconian and can place an enormous burden on parents who may be blameless themselves, this remains the law in BC. If you have children, this is just one more reason to make sure you have sufficient home or rental insurance to make sure your family isn’t devastated.

    To see more of our video blogs you can follow us on Twitter, like us on Facebook, find us on LinkedIn or visit our YouTube channel.

    Andrew Broadley is an associate lawyer at League and Williams who practices in the areas of estate litigation and personal injury.  If you have a personal injury you would like to discuss, we offer free consultations and may be contacted through our offices at 250-888-0002 or via email at info@leaguelaw.com.

    Originally posted March 2017