Law Times

Law TiMes • March 29, 2010 NEWS lawsuits against local school boards BY MICHAEL MCKIERNAN Law Times ing — the Small Claims Court. In using it, they have their P local school boards fi rmly locked in the crosshairs. In February, a mother sued the Waterloo Catholic District School Board for $25,000 in damages, alleging it had failed to protect her son from bullies. After the school board settled the claim, three more parents came forward with lawsuits against it, the Waterloo Region District School Board, and a private school in the area. A Facebook group for con- cerned parents, titled "Is Your Child Protected?" has attracted almost 500 members. Its founder Suzanne Borghese embraces the Small Claims Court, for which the limit increased to $25,000 this year, as an inexpensive and eff ective way to challenge anti- bullying programs she says aren't working. "Start your own case against your school board and know that because you are right, you will win," she wrote on a dis- cussion board. John Shewchuk, spokesman for the Waterloo Catholic board, said he fears a fl ood of similar actions from parents bypassing school board procedures. "We want to raise an alarm bell with the government . . . we think they've got a bit of a prob- lem on their hands," he told the Record newspaper. "I think we're going to see a whole lot more of this as people understand that you can go and pay your 75 bucks and sue a school board and you might just hit the jackpot." Bill Mason, a former parale- gal who worked with the fi rst mother to sue, dismissed the idea that parents are in it for the money. Instead, noting he has assisted 15 more parents preparing to fi le suits in the next two weeks, he says Shew- chuk's combative words have incensed many people. "Th ese parents have already run the gauntlet of teachers, princi- pals, and trustees. Th ey've ex- hausted all other options. Even if the small claims limit was $1, these parents would have fi led. No judge on the planet is going to award them $25,000, but they will get something." He also rejects the idea that the surge of suits could encour- age a wave of frivolous claims from parents looking to cash in. "We have extremely good judges and deputies in this coun- try, and they have the chance to throw cases out before they go to trial, so I have no concern at all about that," he says. Brenda Bowlby, a partner at Hicks Morley Hamilton Stew- art Storie LLP, has worked with school boards for almost 30 Former paralegal says he's helping 15 parents sue over policies on bullying "It's an outstanding bill, will improve the relationship between school boards and par- ents but he remains skeptical. arents in Waterloo, Ont., have a new legal weapon in the fi ght against bully- SELECTIONS AVAILABLE NOW! NEW but I've seen great bills in the past. It's just a book unless it's your OFFICE PRODUCTIVITY source LITIGATION/TRIAL/COURT PAPER For use in trial and examinations for discovery, interviews, pre-trial conferences, etc. practised and enforced. Th at's what the trustees and the school board are there to do." LT Small claims rules prompt PAGE 3 NEW The bullying issue is a tricky one for school boards that owe a duty of care to both sides, says Brenda Bowlby. years. She says they face a diffi - cult balancing act when dealing with bullies and victims because of the duty of care they owe to both parties to act as a "reason- ably careful or prudent parent." "If you're a parent with two children, and one is mistreating the other, you don't lambaste one and throw them out. Th ere is an obligation to every child to provide them the opportu- nity to become good citizens, although that's not to say that any child should have to put up with bullying. Th ey shouldn't." For some bullies, a diffi cult home life or possible mental health issues can play a role in their behaviour. Th e need to pro- tect the child's privacy adds an- other layer of complexity to the school board's task, Bowlby says. "Parents may believe inci- dents are not being dealt with when in fact they are. Th e kid may not be expelled or suspend- ed, but the school could be work- ing quietly behind the scenes to change a child's behaviour with as little intrusion as possible. Of course, that will make parents frustrated and unhappy when they can't fi nd out about every threat to their child." Th e government hopes a recent amendment to the Education Act will help com- bat the perception that school boards are keeping parents in the dark. Bill 157, the Educa- tion Amendment Act (Keep- ing Our Kids Safe at School) was passed in the summer but only came into eff ect in Feb- ruary. It requires all board em- ployees to report bullying inci- dents to the principal, who in turn must inform the victim's parents. When disputes arise, the Min- istry of Education would prefer they stay out of the courts. "Th e concerns of students and parents are best resolved at the school or board level. Th ere are many avenues for parents to bring their concerns forward through individual teachers, principals, supervisory offi cers, board staff or elected trustees," says Gary Wheeler, a spokes- man for the ministry. Mason hopes the new rules 32163394 Red Ruled, Canary Paper Padded 11", 3-Hole, extra-stiff padded with law rule. 100 sheets per pad, 6 pads per pkg. Reg $42.50 $29.75 NEW 32163983 Ruled, Ivory Paper Padded 11", extra-stiff padded with law rule. 50 sheets per pad, 2 pads per pkg. Reg $20.25 $14.15 NEW 32163984 Ruled, Ivory Paper Padded 11", extra-stiff padded with litigation rule. 50 sheets per pad, 2 pads per pkg. 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