Van de Rijt v. Goulet

Van de Rijt v. Goulet

Absent any Nova Scotia statute imposing vicarious liability on parents and given there was no evidence of deficient supervision, the defendant is not liable for the damage caused by her 12‑year‑old daughter; therefore the claim is dismissed.

Citation
2006 NSSM 47
Parties
Claimant: Lyndsey Erin van de rijt; Defendant: Dawn Goulet
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 November 2006
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed; defendant not liable.
Legal Topics
Parental Liability, Vicarious Liability, Supervision of Minors, Damages to Vehicle
Source Language
English
Tort Negligence Property Damage Parental Liability Vicarious Liability Supervision of Minors Damages to Vehicle

Case Brief

Summary, issues, holding and outcome

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Parties

Lyndsey Erin van de rijt

Claimant

Dawn Goulet

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether a parent is liable for torts committed by a minor child
  2. 2 Whether there was negligent supervision by the parent
  3. 3 Whether any statute in Nova Scotia imposes parental vicarious liability

Ratio Decidendi

Absent any Nova Scotia statute imposing vicarious liability on parents and given there was no evidence of deficient supervision, the defendant is not liable for the damage caused by her 12‑year‑old daughter; therefore the claim is dismissed.

Court Disposition

Claim dismissed; defendant not liable.

Orders

  • Claim dismissed.