Can I sue a school board if my child was injured due to a lack of supervision in Ontario?
Yes, in appropriate circumstances. School boards and their staff owe students a duty to provide reasonable supervision, suited to the children's age, the specific activity involved, and any known risks, effectively standing in a position similar to a careful and reasonably attentive parent while students are in their care. A claim can succeed where an injury genuinely resulted from inadequate supervision - staff absent when they were needed, a known hazard that was never addressed, or a student with known behavioural risks who was not reasonably managed.
Schools are not, however, held to a standard of preventing every possible accident; ordinary childhood mishaps that happen despite genuinely reasonable supervision generally do not establish a breach of this duty, since courts recognize that active children will sometimes get hurt even when supervision is entirely appropriate. What counts as reasonable supervision in the circumstances - given the child's age, the nature of the activity, and any known individual risk factors for that particular child or situation - is a fact-specific question, which is why records of supervision plans, staffing levels, and any prior warnings or incidents involving the same hazard tend to be central evidence in these claims.
Key takeaways
- School boards owe students a duty of reasonable supervision suited to their age and the activity involved.
- Liability depends on whether the actual supervision fell below what was reasonable in the circumstances.
- Ordinary childhood accidents despite reasonable supervision generally do not establish liability.
- Supervision plans and staffing records at the time of the incident are usually key evidence.