Have you been victimized by a child?
The Parental Responsibility Act was passed on May 13, 2000 and has now been proclaimed into law. If you have had your property damaged or stolen by a child under the age of 18 you can obtain financial compensation directly from the child's parents.
You can sue the parents of the child, who did the damage, in Small Claims Court for up to $6,000.00.
The law enacts a rarely permitted rule of evidence called reverse onus which requires the parents of the child to prove in Small Claims Court that they took reasonable measures to prevent their child from breaking the law. If the parents fail to prove that they took reasonable measures, then they are deemed liable. No criminal conviction under the Young Offenders Act is required for the Small Claims Court Case against the parents to proceed. You need only prove the amount of the damages suffered by bringing to Court receipts or giving oral evidence in Court as to the extent of the damage.
You do not require a lawyer in Small Claims Court. Nevertheless, I will be pleased to discuss the Court procedure with you or provide a precedent of the Court form you will require to start the action.
September 18, 2000