EDUC 525 - Ethics and the Law in Education

Learning Task 1: The Law Assignment

Sarah Amatto, Chris Moraes, Travis Stewart, Candice Webb

University of Calgary
 In An Unfortunate Accident, no single party is liable for the injuries of Irwin. There are a

large number of legal issues related to negligence that will be considered through this analysis.

There are 7 individuals / institutions involved in this case: the driver Amanda Ballard, the

passenger Prim Irwin, the teacher Lindsay Waterman, Trudeau High School, the Okatoks School

District, the parents of Amanda Ballard, and the other driver (no name given). Due to the

differing personal reports on seatbelt use, we have deferred to the expert evidence to inform our

analysis. Upon review of the expert evidence, it is by a balance of probabilities that the seatbelt

was not used. As such, the facts relating to whether the seatbelt was working or not is considered

irrelevant in this case. This analysis will show for each party involved if there was neglect on

their part and what, if any, damages are owed.

Negligence of the Driver Amanda Ballard (Ballard)

Duty of Care:

As the registered owner and driver of the vehicle, Ballard owed a duty of care to any

passengers that were in her care within the vehicle.

Standard of Care:

A reasonable and prudent parent would not have driven into oncoming traffic as this is an

illegal and dangerous driving tactic. This was evidenced by Ballard pleading guilty to reckless

driving.

Foreseeable:

Yes, it is foreseeable that an accident could occur because Ballard did not follow the rules

of the road. Her action of entering the oncoming lane demonstrated reckless driving

Causality:
 But for Ballard’s choice to take the action of leaving her lane, which required her to

swerve to avoid oncoming traffic, the accident might not have occurred.

Damages:

The passenger suffered catastrophic injuries. Ballard contributed to the catastrophic

injuries sustained by Irwin by leaving the legal driving lane, which caused her to swerve to avoid

oncoming traffic.

Negligence of the passenger - Prim Irwin (Irwin)

Duty of Care:

Irwin owed a duty of care to herself.

Standard of Care:

Irwin demonstrated negligence as a reasonable and prudent person would either not have

been a passenger in the front seat of the vehicle as the seat belt did not work, or would have sat

in the back seat where the seat belt did work. She was aware of the seat belt problem before the

date of the accident.

Foreseeable:

Yes, it was foreseeable that not using a vehicle’s installed safety equipment (seatbelt) an

injury could occur in the case of an accident.

Causality:

But for Irwin’s choice to travel as a passenger in the front seat of a vehicle where the

front seat belt was dysfunctional, the passenger’s (Irwin) injuries would not have occurred.

Damages:

The evidence indicates that Irwin had prior knowledge of the dysfunctional front seat

belt, yet chose to be a passenger in the front seat of the vehicle.Therefore, Irwin made the
personal decision to neglect safety precautions. Based on the balance of probabilities, it is more

likely than not that injury could have been avoided if Irwin had chosen to use the vehicle

seatbelt; therefore, Irwin is guilty of contributory negligence.

In making this decision, consideration was given to Bain v. the Calgary Board of

Education, whereby Bain was found liable of contributory negligence because he “failed, to a

degree, to take proper steps for his own safety” (Bain v. the Calgary Board of Education, 1993).

Negligence of the teacher, Lindsay Waterman (Waterman)

Duty of Care:

Waterman owed a duty of care, in her position in loco parentis, to her students until the

end of the school day. Waterman was negligent because she believed that her duty of care ended

at 3:00 pm, which was the time of the conclusion of the off-site activity. However, “once a

schedule has been decided upon, it is the teacher’s responsibility to carry out assigned

supervisory duties” (Alberta Teachers’ Association, 2013, p.27). By extension, the Alberta

Teachers’ Association would expect her duty of care to continue to the end of the scheduled

school day at 3:30 pm. A teacher cannot unilaterally shorten the school day, no matter what had

been the past “practice”.

Standard of Care:

A reasonable and prudent person would have confirmed the geographical location for the

offsite activity, and followed the respective school board policy based on this confirmation.

A reasonable and prudent parent would not have left students unsupervised before the

end of the scheduled school day.

Foreseeable:
 Yes it was foreseeable that there could be significant risk to student safety if school board

policy was not adhered to. The school board policy with regard to activities within town limits

was likely developed with an understanding of the lower speed limits, paved roads and

significant signage within town. This would result in a decreased risk to students driving to

offsite activities. By going off-site outside of town limits, the students were allowed to drive

other students on gravel roadways with reduced signage and speed limits that were more than

double those in town. This would significantly increase the likelihood that students will be at risk

of harm. “When teachers ignore the danger or do not see the danger when they should, they may

be held negligent if someone is injured as a result.” (Alberta Teachers Association, 2013,

Chapter 3: Teacher Liability)

Causality:

But for Waterman’s actions in failing to abide by school board policy, the accident would

not have occurred. Waterman failed to follow school board policy for transportation regulations

where the field trip activity falls outside of outside town limits.

Damages:

Waterman contributed to the liability for catastrophic injuries sustained by Irwin by

failing to follow school board policy. “Teachers could therefore, be found liable for damage

caused to students where they fail to act in loco parentis or where their conduct falls short of the

standard of care expected of a reasonable and caring parent” (Donlevy, 2008, 1066). Waterman

failed to adhere to Alberta Teachers’ Association policy related to her responsibility in loco

parentis.

Negligence of Trudeau High School

Duty of Care
 The Trudeau High School administration/principal owed a duty of care to its students.

The school failed in its duty of care because it left its students unsupervised off site, as the school

principal had “stated that it was common practice to dismiss early when activities finished at on

off site location” (An Unfortunate Accident).

Standard of Care

A reasonable and prudent parent would have ensured that all students were safely

transported back to the school as a group and dismissed appropriately.

A reasonable and prudent parent would have checked to ensure that the offsite facility

was within town limits to abide by school division policy.

Foreseeable:

Yes, it was foreseeable there could be significant risk to student safety if they are left

unsupervised offsite, as a result of an early dismissal.

Yes, it was foreseeable that a student would drive another student from an offsite activity

because of the assumption that the offsite activity was within town limits.

Causality:

But for the principal’s action in consenting to the early dismissal from offsite activities,

the accident might not have occurred.

But for the principal’s failure to confirm that the offsite facility was within town limits,

the accident might not have occurred.

Damages:

Trudeau High school, and by extension its principal, contributed to the liability for

catastrophic injuries sustained by Irwin. By permitting early dismissal of students when

participating in an activity at an offsite facility, the principal left students unsupervised, thereby

failing to act responsibly in loco parentis .

The principal of Trudeau High School contributed to the liability for catastrophic injuries

sustained by Irwin. By not confirming the location of the off-site facility, the principal, enabled

Ballard to transport another student in her vehicle outside of town limits. This is in direct

violation of Okatoks School District policy.

Conclusion

The 5 elements of tort were met for the following parties in An Unfortunate Accident:

Amanda Ballard, Lindsay Waterman, Trudeau High School (and by extension its principal).

Prim Irwin met the elements of tort for contributory negligence. The damages owed to Irwin due

to catastrophic injuries can include but are not limited to: pecuniary and non-pecuniary damages

(loss of opportunity, loss of future income, medical expenses, pain and suffering, cost of assisted

living), punitive or exemplary damages (due to Ballard’s grossly reckless action being convicted

of Driving Carelessly under section 115(2)(b) of the Traffic Safety Act of Alberta).

Ultimately the Okatoks School District holds vicarious liability for damages resulting

from the negligence of the teacher, principal and school. This is because they are under the

jurisdiction of the Alberta Teachers Association policy which states “[i]n any event, if the

teacher is performing assigned duties, the school board’s liability insurance will provide the

necessary protection in the event of a lawsuit to the extent of the limits provided in the policy.”

(2013, p 27)
 References

Alberta Teachers’ Association. (2013). Teachers’ rights, responsibilities and legal liabilities.

Retrieved from:

https://www.teachers.ab.ca/SiteCollectionDocuments/ATA/Publications/Teachers-as-

Professionals/MON-2%20Teachers%20Rights.pdf

Alberta Teachers Association (2019). Chapter 3: Teacher Liability. Retrieved from:

https://www.teachers.ab.ca/News%20Room/Publications/Teachers%20%20Rights%20Re

sponsibilities%20and%20Legal%20Liabilities/Pages/Chapter%203.aspx

An Unfortunate Accident

Bain v. Calgary Board of Education 1993 CarswellAlta 194 Alberta Court of Queen's Bench.

Consumer Reports (February, 2013) “Rollover 101: How rollovers happen and how to avoid

one.”

Donlevy, J. K., Chomos, J., & Walker, K. D. (2008). A guide to Alberta school law. Calgary,

AB: Blitzprint.