Is a school authority obligated to ensure that reasonable care is taken of pupils attending the school?
British Columbia, Canada
The following excerpt is from D.G. (E.) v. Hammer, 2001 BCCA 226 (CanLII):
Mason J. in Kondis referred to the Introvigne decision with approval. At 686 of the Kondis decision, Mason J. stated: Likewise with the school authority. It is under a duty to ensure that reasonable care is taken of pupils attending the school. It is the immaturity and inexperience of the children and their propensity for mischief that lie at the basis of the special responsibility which the law imposes on a school authority to take care for their safety: Introvigne. The child's need for care and supervision is so essential that it is a necessary inference of fact from the acceptance of the child by the school authority, "that the school authority undertakes not only to employ proper staff but to give the child reasonable care", to use the words of Kitto J. in Ramsay v. Larsen (1964) 111 C.L.R., at p. 28.
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