An Alberta judge has ruled against a lawsuit where one child sued another following a dispute over a toy dinosaur that resulted in a finger injury. Justice Brian Hougestol, in a recent decision, deemed the case involving two boys in Grande Prairie, Alberta, as uncommon and entailing various legal capacity issues.
The incident occurred in 2022 during a summer daycare program run by a non-governmental organization. The boys, aged nine and 11, engaged in a scuffle over a toy described by the judge as similar in size to a 500-ml bottle of water. During the conflict, the defendant used the toy to strike the plaintiff, causing a dislocation fracture to the plaintiff’s ring finger on his right hand.
The injury, as per the judge, nearly severed the finger at the bone, necessitating surgery to prevent its loss. Fortunately, the plaintiff, now 13, has recovered well with minimal ongoing issues, according to Hougestol.
The judge mentioned that despite the existence of a video capturing the altercation and the absence of doctor or hospital records, the plaintiff’s recollection of the incident was limited due to the passage of time. The representation of the boys during the legal proceedings was not explicitly stated, although the plaintiff’s mother expressed disappointment over the defendant’s parents not reaching out after the injury.
Hougestol clarified that the lack of communication from the defendant’s parents was understandable given the complex circumstances involving the third-party daycare, which has since shut down. He emphasized that there was no evidence of negligence on the parents’ part regarding the incident, as they did not provide any dangerous objects, lacked supervision, or displayed poor child-rearing practices.
Ultimately, the judge dismissed the lawsuit, attributing the injury to an unforeseeable accident rather than a deliberate or coordinated attack. He asserted that children engaging in minor disagreements and altercations fell within the realm of expected risks. Had liability been established, the damages sought would have amounted to $10,000 in general damages, plus additional expenses.