The other mother said her family does not have liability coverage.

Experts in insurance law say although the action may seem shocking to many, naming minors in lawsuits is not uncommon and is usually aimed at triggering a parent's insurance policy to cover costs of a settlement.

The statement of claim in this case alleges that on that March day in 2015, the two kids had been going around the schoolyard pushing other children. When they approached the boy, he told them he didn't want to be pushed, but they did it anyway. The fall broke his upper arm.

In an interview, the mother of one of the kids described it as "a game" among students in which one person crouches behind the victim, and another one pushes them, sending them falling backward. Both parents said their children had not intended to cause harm. When it became apparent the boy was hurt, the boy involved in the pushing helped take him to the school office, his mother said.

They found out the next day the boy's arm was broken.

The parents were contacted by police after the incident was reported, but no charges were laid, said one of the mothers. The injured child left the school before the end of the year, she added.

Two months after the incident, she said her family received a series of lawyer's letters indicating her son would be held responsible, and suggesting they advise their insurer.

The injured boy suffered "great pain" as a result of the broken arm, while his mother was forced to take time off work and pay for child care and medical expenses as a result of the injury, lawyer Jane Lo of Toronto firm Klaiman Edmonds wrote in one letter on behalf of her client.

"I have instructions to resolve this dispute in the amount of $5,000 in exchange for not naming (the boy) in the action," Lo wrote in another letter, dated June 1, 2015. "My client will be willing to provide a release for that purpose."

The family did not respond to that proposal or followup letters, including one in July that warned if they failed to do so "we may commence a lawsuit without notice to you."

When they heard nothing further, they figured the matter had "blown over," said his mother.

Asked about the letters on Tuesday, Lo told the Star her client "felt that there was liability on the part of the children and we wanted to see if there could be a quick resolution. Unfortunately they didn't accept the offer and we had to continue on with the action."

She declined to comment further.

The families of the two pupils said they were not informed when, eight months after the incident, in November 2015, the injured child and his mother filed legal action against the school, its principal and the Catholic board, seeking a total of $600,000 in general and special damages, plus costs.

They said they didn't find out there was a lawsuit until March 2017, after receiving notice that the injured boy and his mother were adding the names of the other two pupils, now 12 and 13, to the lawsuit.

However, last week, they were informed of another change — that their names were being removed from the plaintiffs' legal action.

"The school board hasn't communicated anything to us," said one mother. "We've never been contacted, we've been left on our own to deal with it."

The families feel "we've been thrown under the bus," she said.

In June, the Ontario School Boards' Insurance Exchange, which provides coverage for schools and is acting for the Catholic board, filed a cross-claim against the two children, arguing the school, principal and board should not be held responsible and the children should be accountable for all damages because they broke the rules.

The cross-claim argues the students were "negligent" and did not respect the school's "hands off" policy.

Their statement of defence argues the alleged injuries and damages outlined in the suit are "exaggerated, remote and not recoverable at law."

Boyd Critoph, a lawyer representing the school board insurance exchange, refused to comment.

"I am advised that our general policy is not to discuss issues relating to any of our ongoing cases with the media," he said in an email.

A Catholic board spokesperson, John Yan, said the board "is aware of the situation" but no one can comment on a case that's before the courts.

The insurance exchange, a nonprofit co-operative, insures most school boards in the province with one notable exception. The Toronto District School Board left the carrier in January, citing cost savings, and now has policies with various carriers through broker Aon Canada.

Last year the insurance exchange collected details about more than 85,000 incidents involving injuries and in turn potential liability, according to the website. Incident reports are filed when students, volunteers, visitors or other nonemployees are injured on school premises or while under school supervision.

Insurance lawyers say while age 10 is unusually young for such a lawsuit, suing a minor is not unusual and cross-claims are a tactic to spread liability and costs among defendants.

One case that named a 7-year-old who hit another student in the head in a Toronto schoolyard in 1998 dragged on for 15 years before the injured child was awarded more than $4 million in damages.

Aviva Canada sees "a handful to two handfuls" of lawsuits involving minors each year, which tend to arise from such situations as a hockey fight or prolonged bullying, says chief underwriter Mark Warnquist.

Warnquist, who is also a lawyer, stressed he isn't familiar with the Catholic board case and could not comment on it directly.

"It's unfortunate but what happens here is only the lawyers win," Warnquist said.

Catholic trustees last week discussed Del Grande's motion to raise the issue publicly at their September board meeting, said chair Angela Kennedy.

But the notice of motion was raised in private sessions rather than during the public part of their August meeting and is currently scheduled for their private session next month, she said. That was on the advice of board counsel because legal action is underway, she added.

But Del Grande wants the issue aired in a public forum because of the implications for schools and families.

"This whole thing seems to be operating in a climate of fear," he said. He said despite supervision and the best intentions, kids do reckless things and injuries happen. "Where does it end?"

Warnquist of Aviva says parents shouldn't necessarily be alarmed.

"But they should know that this scenario just highlights the kinds of things that can happen in today's society and that's one of the reasons you buy insurance."

Ontario school boards sell Student Accident Insurance, but it only covers injuries for the child who's insured, not if they hurt someone else.

Standard policies for homeowners and tenants typically include liability coverage of $1 million to $2 million for policyholders, their kids and other household members, he said.

Coverage includes the cost of hiring a lawyer, which can surpass the cost of a settlement or judgment, and can run into six figures "even if you're in the right."

Toronto Star