Fighting to WIN

December 2016

Children’s role in negligence at heart of case

The Court of Appeal has ruled that a Hamilton boy was not contributorily negligent for failing to look both ways before crossing the street.

The court recently upheld an Ontario Superior Court of Justice decision that found the City of Hamilton liable for an accident in which nine-year-old Dean Saumur was struck by a car.

The trial judge, Ontario Superior Court Justice Paul Perell, ordered the city to pay Dean’s family almost $8 million in damages as it failed to have a crossing guard at the intersection at a time it was meant to.

Robert Hooper, the lawyer representing the plaintiffs, says he does not think the defendants will be granted leave, as the law in this area is clear and the case was fact specific.

“The law on contributory negligence of children has been pretty clear in this country for years. The judge applied it to these facts,” Hooper says.

Excerpt from Law Times News

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Kimberly A. Jossul, B.Sc. (Hons), LL.B.

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Robert Hooper, B.A., LL.B.

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