1997Nova Scotia Supreme       Court
- Plaintiff  - Roy Piercey (student)- Defendants  - Lunenburg County District School    Board (Piercy’s school division)  ...
- Negligence case- School wanted students to participate in an  off-campus “Adventure Camp” trip for  experiential educati...
- Piercey was injured during a camp  activity which resulted in him sustaining  sufficient injury to render him a  quadrip...
1) Torts   - Negligence Tort   - Where one person fails to do  something that is expected of them  - Duty of Care  - Stand...
2) Vicarious Liability  - Where the employer is responsible    for the acts of the employee
3) Master & Servant  - A generic legal phrase that is used    to describe the relationship arising    between an employer ...
4) Particular Persons  - Refers to someone who isn’t    specifically named within the case    but is still involved
5) School Boards   - A local board or authority responsible for  the provision and maintenance of schools
6) Education Act – Section 33 (1)   - A school board shall be responsible for  the control and management of the  schools ...
7) Education Act – Section 33 (2)   -A school board shall make provision for  the education and instruction of all pupils ...
- Off-campus “Adventure Camp” - Experiential Education opportunities - Promote cooperation - Build self-worth
- Teacher’s retained Milligan - More experience with these types of   activities - Responsible for organizing activities -...
- Piercey injured during the “Electric Fence”  team building game
- Piercey sustained sufficient injury,  rendering him a quadriplegic  - School Board           59%  - Milligan            ...
- Reasons - Board was vicariously liable for   Piercey - Board had influence over Milligan &   Allen as their employer (ma...
- Precedent - Connoly vs. Goulds, 1983,   Newfoundland Supreme Court - Statutory duties cannot be delegated   to independe...
- Education Act – Section 33 (1)   - A school board shall be responsible for  the control and management of the  schools i...
- Education Act – Section 33 (2)   -A school board shall make provision for  the education and instruction of all pupils  ...
- Education Act - Broad statements to provide for   students - This duty cannot be delegated with   immunity
- Immunity - Certain instances were duties are   relived with immunity - The “Adventure Camp” was   considered part of the...
- We agree that both Milligan & Allen are  also responsible for Piercey’s injury  - Duty to supervise?  - Relationship bet...
- We agree that School Boards cannot  delegate with immunity  - Policies, procedures & standards    held up by Divisional ...
- Even higher standard of education  - Who is being brought into the school  - Credentials of third party    participants ...
Resulting From The Case- How field trips are organized:   - Well thought out    - Teacher planned    - Independent contrac...
For Us As Teachers- Duty to retain professional/reputable third  party contracts- Duty to review and educate on school off...
Examples- Ski Trips- Swimming- Skating/Hockey- Horseback Riding- Science Centers- Ag Days- Loggers & Haulers- Skills Manit...
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Piercey vs. Lunenberg County District School Board

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The following is a presentation put together by myself and another education student from our, Educators & The Law course. It is not intended to be a stand-alone presentation and will be shared with our class during a lecture/discussion by the two of us.

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  • 7, 8, & 9 on page
  • Piercey vs. Lunenberg County District School Board

    1. 1. 1997Nova Scotia Supreme Court
    2. 2. - Plaintiff - Roy Piercey (student)- Defendants - Lunenburg County District School Board (Piercy’s school division) - RJ. Milligan (Camp coordinator) - Kathleen Allen (3 rd Party: assisted Milligan)
    3. 3. - Negligence case- School wanted students to participate in an off-campus “Adventure Camp” trip for experiential education purposes- School Board retained Milligan to organize the camp- Milligan retained Allen to assist
    4. 4. - Piercey was injured during a camp activity which resulted in him sustaining sufficient injury to render him a quadriplegic- Was the School Board negligent?- Was Milligan negligent?- Was Allen negligent?
    5. 5. 1) Torts - Negligence Tort - Where one person fails to do something that is expected of them - Duty of Care - Standard of Care - Breach of Standard of Care
    6. 6. 2) Vicarious Liability - Where the employer is responsible for the acts of the employee
    7. 7. 3) Master & Servant - A generic legal phrase that is used to describe the relationship arising between an employer and an employee
    8. 8. 4) Particular Persons - Refers to someone who isn’t specifically named within the case but is still involved
    9. 9. 5) School Boards - A local board or authority responsible for the provision and maintenance of schools
    10. 10. 6) Education Act – Section 33 (1) - A school board shall be responsible for the control and management of the schools in the area within its jurisdiction
    11. 11. 7) Education Act – Section 33 (2) -A school board shall make provision for the education and instruction of all pupils residing in the area within its jurisdiction in such subjects and services...a. Provide and pay for the conveyance of pupils to and from school, subject to the regulations.
    12. 12. - Off-campus “Adventure Camp” - Experiential Education opportunities - Promote cooperation - Build self-worth
    13. 13. - Teacher’s retained Milligan - More experience with these types of activities - Responsible for organizing activities - Retained Allen to assist him
    14. 14. - Piercey injured during the “Electric Fence” team building game
    15. 15. - Piercey sustained sufficient injury, rendering him a quadriplegic - School Board 59% - Milligan 32% - Allen 9%
    16. 16. - Reasons - Board was vicariously liable for Piercey - Board had influence over Milligan & Allen as their employer (master- servant)
    17. 17. - Precedent - Connoly vs. Goulds, 1983, Newfoundland Supreme Court - Statutory duties cannot be delegated to independent contractors
    18. 18. - Education Act – Section 33 (1) - A school board shall be responsible for the control and management of the schools in the area within its jurisdiction
    19. 19. - Education Act – Section 33 (2) -A school board shall make provision for the education and instruction of all pupils residing in the area within its jurisdiction in such subjects and services...a. Provide and pay for the conveyance of pupils to and from school, subject to the regulations.
    20. 20. - Education Act - Broad statements to provide for students - This duty cannot be delegated with immunity
    21. 21. - Immunity - Certain instances were duties are relived with immunity - The “Adventure Camp” was considered part of the curriculum, Boards are responsible for curriculum
    22. 22. - We agree that both Milligan & Allen are also responsible for Piercey’s injury - Duty to supervise? - Relationship between Milligan & Allen? - Milligan & Allen’s credentials
    23. 23. - We agree that School Boards cannot delegate with immunity - Policies, procedures & standards held up by Divisional Policies, Education Act & Public Schools Act - Perceived image of education
    24. 24. - Even higher standard of education - Who is being brought into the school - Credentials of third party participants - How curriculum is being met - Activities that are being included
    25. 25. Resulting From The Case- How field trips are organized: - Well thought out - Teacher planned - Independent contractors- Independent contractors that are certified/reputable and professional- Standards (written and perceived) of the educational integrity of schools - How curriculum is implemented
    26. 26. For Us As Teachers- Duty to retain professional/reputable third party contracts- Duty to review and educate on school off- campus procedures & policies- Duty to warn students of potential danger- Duty to foresee potential risk/danger- Duty to supervise
    27. 27. Examples- Ski Trips- Swimming- Skating/Hockey- Horseback Riding- Science Centers- Ag Days- Loggers & Haulers- Skills Manitoba (vocational trades)

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