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 case involving two boys in Grande Prairie, Alta., as uncommon, raising various legal questions concerning capacity.
The incident took place 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 being the size of a 500-ml water bottle. During the altercation, the defendant used the toy to strike the plaintiff, causing a dislocation fracture to the plaintiff’s ring finger on his right hand, nearly severing it at the bone.
Although requiring surgery to prevent potential loss of the finger, the plaintiff, now 13, has recovered well with minimal ongoing issues, according to Hougestol. The judge noted that despite the availability of a video of the incident and medical records, they were not presented during the trial. The plaintiff’s account of the event was somewhat vague, given the time lapse since the incident.
Regarding the lack of communication between the parents post-injury, the judge explained that it was due to the unique circumstances of the third-party daycare, which has since closed. Hougestol emphasized that the defendant’s parents were not legally obligated to reach out, as they had not acted improperly in the situation.
Hougestol concluded that the injury was an unforeseen accident and not a deliberate attack, stating that children engaging in minor conflicts are within the realm of expected risks. The judge dismissed the lawsuit, highlighting that if liability were established, the sought damages would have included $10,000 in general damages along with out-of-pocket expenses.