How have the courts in BC dealt with the issue of negligent supervision of children?

British Columbia, Canada


The following excerpt is from J.W v. R.G., 2021 BCCRT 167 (CanLII):

31. Given my finding that the respondents’ supervision of their children was not negligent, it is unnecessary to address the issues of whether the respondents’ children trespassed on the applicants’ property or created a nuisance. That said, I do note the following about nuisance. Contrary to the applicants’ submission, I find there is no evidence showing that the children or their equipment ever unreasonably blocked access to the applicants’ driveway. I also find the evidence fails to show the respondents’ children were excessively noisy, particularly in light of the evidence of other community play activities. According to the nuisance test set out in Burke v. Linder, 2014 BCSC 1798, I find the evidence fails to show that the respondents’ children interfered with the applicants’ property interest, either substantially or unreasonably, so nuisance is not proven.

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