Topic > Myers County Board of Education V. Peel

Facts: The “complainant” was Gregory Myers, a 15-year-old Grade 11 student at Erindale Secondary School. He was seriously injured during gym class. His responsible gym teacher, Mr Walter Jowett, who was qualified, experienced and specialized in physical education, allowed him and the observer to exercise in a gymnasium without supervision. Myers had never done the dismount on horseback before, and as he attempted a new maneuver on the gymnastics rings, he didn't inform his observer that he would be doing anything further from the practice of his routine. As Myers dismounted, his observer walked away thinking he was done. Myers fell badly and broke his neck, a quadriplegic. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Problem: Myers and his father have filed a claim against the Peel Country Board of Education and his teacher, Mr. Jowett, for damages for negligence. In the appeal, they argued that the teacher was negligent and responsible for Myer's injuries. They also argued that for the physical education course, the school authorities did not meet the protection standards for students. School safety and discipline must be a primary concern of the school board and teachers in the absence of parents. Decision: In June 1978, the Ontario Civil Court settled the charges brought by Myers and his father and found that his teacher was negligent and therefore responsible for 80% of Myer's injuries while the student himself was responsible only for 20% of injuries. The court entered a judgment in Myers' favor and assessed $2,656. 30 for damages. The case was then referred to the Ontario Court of Appeal for decision. The Ontario Court of Appeal ruled against the Ontario Civil Court and concluded that the teacher was not responsible for the incident and was unavoidable even in the presence of supervision. The damages assessment decision awarded to Myers was also overturned. In June 1981, Myers and his father appealed the Ontario Court of Appeal's decision to the Supreme Court of Canada and the proceedings were as follows: The teacher was found negligent because effective supervision was necessary for students to attempt the new and difficult maneuvers. The Peel Board of Education has also been accused of negligent school safety. The maneuver performed by Myers was deemed appropriate for children his age. The mats used in the gym were inadequate, regular mats. Mr. Myers received $64,000 and was also assessed $2,656. 3 for special damage. Opinion: In my opinion, the presence of the teacher in the gym was mandatory and the accident would have been avoided. Furthermore, effective supervision would have maintained discipline among students to not perform difficult exercises without observers. For example: The presence of parents at home has had a huge impact on their children and the mere presence of the police officer has an impeccable impact on their surroundings. Please note: this is just an example. Get a custom paper from our expert writers now. Get a Custom Essay My concern is: Should a physical education teacher have the right to play with students' lives? I firmly believe that in the absence of parents, the teacher must take responsibility for the safety of his students. I believe every school should follow policies that provide clarity to teachers with accountability issues. Appropriate measures should be considered.