4 days ago
B.C. mother ordered to pay over $4K for son's dirt bike thefts, tribunal finds
A mother has been ordered to fork out for her child's wrongdoing after a B.C. Civil Resolution Tribunal determined her to be responsible for her son's involvement in the theft and subsequent damage of three dirt bikes.
A decision on the dispute posted July 10 outlines how three Honda dirt bikes belonging to the applicant, referred to as Mr. S, were 'intentionally taken and damaged' in September 2023.
The bikes were later found at the home of the mother of one minor, referred to as B, and the home of his friend, EW, after the two had taken them in the night and removed their parts, the decision read.
In B.C., a minor is defined as anyone under the age of 19.
The tribunal member was tasked with determining whether B or his mother was financially responsible for the damage caused after the mother, named Ms. R, argued she had no financial responsibility for her child's actions.
Tribunal member Alissa Reynolds referred to The Parental Liability Act, particularly section 3, which says that if a child intentionally takes, damages, or destroys another person's property their parent is liable for the loss of or damage to the property.
Reynolds said Ms. R had a possible defence, however, if she could prove that she both 'exercised reasonable supervision' over her son at the time of the incident, and 'made reasonable efforts to prevent or discourage B's conduct.'
Ultimately the defence collapsed after Reynolds noted how B had been 'behaving inappropriately' for several months before the bikes were taken, and that Ms. R hadn't been surprised by the latest actions of her son.
Reynolds said Ms. R was unable to provide evidence 'about her house rules, whether B has a curfew, or steps she takes to ensure he is home during the night,' which implied she had not been carrying out a reasonable level of supervision when her son and his friend stole the bikes around 2 or 3 a.m. that morning.
The mother also 'did not give any evidence of steps that she took to improve her parenting skills before this incident,' the decision read.
Based on those factors, Reynolds found that Ms. R had not established she was reasonably supervising her son on the night of the incident, or 'that she made reasonable efforts to prevent or discourage' his conduct.
'I find that Ms. R is liable for B's actions in damaging the dirt bikes,' she said
Ms. R and her son were ordered to pay a total of $4,106.63, in damages within 30 days of the decision being made.
