Ontario Divisional Court To Consider Students’ Ability To Sue Schools On A Several Basis

The Ontario Divisional Court recently granted leave to appeal in Johnston v. Sheila Morrison Schools, a certified class action involving allegations of negligence and breach of fiduciary duty against a school and its headmaster. The primary issue on appeal is whether students may make claims against schools on a several basis and thereby avoid exposing their parents to counterclaims or third-party claims.

The certification order provided for three classes of plaintiffs: (i) residential students, (ii) day students, and (iii) family members of residential students. A statement of defence was filed prior to certification. Following certification, the defendants sought to amend their defence to add third-party claims against the parents and guardians of the students, on the basis that the parents and guardians were allegedly aware of the school's practices and thus should also be liable for any damages sustained by the students. The parents (but not the guardians) are