Can a parent sue on behalf of their child?
British Columbia, Canada
The following excerpt is from E.B. v British Columbia (Child, Family and Community Services), 2019 BCSC 2200 (CanLII):
P.B. is not a plaintiff in this action and a parent does not have status on their own to sue on behalf of a child: Daniel v. ICBC, 2002 BCCA 715 at para. 3, cited in Sahyoun at para. 11. It is a basic principle of tort law that the plaintiffs must have suffered the claimed damages. The plaintiffs cannot advance claims in their own names for damages allegedly suffered by P.B.
In some cases, the law recognizes that a person may recover damages for mental injury where that person witnesses a traumatic event, or the immediate aftermath, involving a family member (see for example: Snowball v. Ornge, 2017 ONSC 4601 at para. 16.).
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