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.

1. 1997
Nova Scotia Supreme
Court

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. - 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. - 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. 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. 2) Vicarious Liability
- Where the employer is responsible
for the acts of the employee

7. 3) Master & Servant
- A generic legal phrase that is used
to describe the relationship arising
between an employer and an
employee

8. 4) Particular Persons
- Refers to someone who isn’t
specifically named within the case
but is still involved

9. 5) School Boards
- A local board or authority responsible for
the provision and maintenance of schools

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. 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. - Off-campus “Adventure Camp”
- Experiential Education opportunities
- Promote cooperation
- Build self-worth

13. - Teacher’s retained Milligan
- More experience with these types of
activities
- Responsible for organizing activities
- Retained Allen to assist him

14. - Piercey injured during the “Electric Fence”
team building game

15. - Piercey sustained sufficient injury,
rendering him a quadriplegic
- School Board 59%
- Milligan 32%
- Allen 9%

16. - Reasons
- Board was vicariously liable for
Piercey
- Board had influence over Milligan &
Allen as their employer (master-
servant)

17. - Precedent
- Connoly vs. Goulds, 1983,
Newfoundland Supreme Court
- Statutory duties cannot be delegated
to independent contractors

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. - 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. - Education Act
- Broad statements to provide for
students
- This duty cannot be delegated with
immunity

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. - 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. - 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. - 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. 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. 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. Examples
- Ski Trips
- Swimming
- Skating/Hockey
- Horseback Riding
- Science Centers
- Ag Days
- Loggers & Haulers
- Skills Manitoba (vocational trades)