An Alberta judge has rejected 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 ruling, deemed the lawsuit between the boys in Grande Prairie, Alta., as unusual and brought up various legal concerns regarding capacity.
The incident occurred in 2022 during a summer daycare program run by a non-governmental organization when the boys quarreled over the toy described by the judge as around the size of a 500-ml water bottle.
The plaintiff, aged nine at the time, and the defendant, aged 11, engaged in a scuffle where the defendant used the toy to hit the plaintiff, causing a dislocation fracture in the ring finger of the plaintiff’s right hand.
Describing the injury as severe, the judge mentioned that the finger was almost severed at the bone but still attached, necessitating surgery to prevent potential loss of the finger.
The plaintiff, now 13, has recovered well from the injury with minimal ongoing issues, as stated by Hougestol.
Although a video of the altercation was recorded but not presented in court, and no doctor or hospital records were provided, the judge noted that the plaintiff’s recollection of the event was limited due to the passage of time.
The lawsuit representatives for the boys, whether parents or other relatives, were not explicitly mentioned in the judge’s decision. However, the plaintiff’s mother was focused on the defendant’s parents not reaching out after the incident.
Hougestol clarified that the lack of communication from the defendant’s parents was due to the complex situation involving the third-party daycare, which has since closed.
The judge emphasized that the defendant’s parents were not legally obligated to contact the plaintiff’s family, as they did not exhibit any wrongdoing in the incident, such as providing a dangerous object or lacking supervision.
Concluding the case, the judge stated that the injury was an unforeseeable accident, not part of a deliberate attack, and fell within the realm of common childhood disputes and risks.
Had liability been established, the damages sought would have included $10,000 in general damages along with out-of-pocket expenses.