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Digest of the Week — Contributory Negligence

Nanaimo-Ladysmith School District No. 68 v. Dean (Litigation guardian of) |
2015 CarswellBC 10 |
British Columbia Supreme Court

Torts | Negligence | Contributory negligence | General principles

Student attached lock of schoolmate to sprinkler system, which activated system and caused extensive water damage to school — School district brought action against student and his parents for recovery of damages — Action allowed — Parents were liable under s. 10 of School Act for actions of child, as action was intentional — Stundent was not required to have intended to cause damage for s. 10 of School Act to impose liability on parents — School district was not contributorily negligent — School district did not fail to take steps to safeguard sprinkler heads, and no evidence that interference with sprinkler heads was ongoing or even occasional problem — Special training of school personnel regarding sprinkler system was not necessary, as student noted that he knew he was not supposed to interfere with system — School district did not fail to adequately supervise student — No indication that constant supervision of 14-year-old was required.

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