Unifund Assurance Company v. D.E., 2015 ONCA 423 – After their minor daughter and two other 8th graders were accused of bullying a fellow student to the extent of causing physical and psychological injuries, a claim was brought was against D.E. and L.E. (hereinafter the “parents”) for their alleged failure to control their daughter. The claim alleged the parents had been negligent as they: knew or ought to have known their daughter was bullying the other child; failed to take steps to remedy the bullying; failed to take reasonable steps to prevent the bullying; failed to take disciplinary action; and failed their duty to prevent their daughter from harassing another minor.
No Duty to Defend – Exclusion Clause Upheld Against Parental Negligence
July 2015
Kelly Santini LLP, Ontario

