Who is liable if a student contracts COVID-19?

While some parents and their children are eager for a return to normalcy with the beginning of school, many Canadians in the education system are worried of the health and safety of students as well as teachers’ rights.

Toronto insurance lawyer Sivan Tumarkin at Samfiru Tumarkin LLP joined Scott Thompson on CHML to discuss the potential liabilities with re-opening schools.

What They Discussed

• The teachers union is taking the provincial government to court over issues with back to school safety. Will this be successful? The government’s decision will be policy-based and they are largely immune from liability based on policy decisions.
• What would the decision be if it was in the union’s favor – to close everything down? Ultimately a compromise would need to happen as both entities want the best options possible for everyone involved.
• If a child gets sick, is the school system liable? Legislation might be put forth to prevent the school system from liabilities once schools are back open.
• Is the position that unions are in favorable? Ultimately the unions appear to be in a winning position with any outcome.
• Can teachers unions demand a limit to the number of children in a classroom? The government will potentially have to enact policy as there are limited resources and funds available.
• Is there liability with parent’s home-schooling children in pod groups? Liability in law occurs with negligence. Everyone who takes a voluntary risk is potentially liable.