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

Our Team of Experts

kim icon

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

robert hooper icon

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

Book Your FREE Consultation

For a free consultation with our personal injury lawyers, please contact us today. We will answer your questions and help you understand what’s involved in the process. Consultations can be in person, by phone or by video call. Our office is in Hamilton Ontario and we provide services throughout Southern Ontario.

Fill out the Contact Form or:

Call us at the
fightforyou help-line:

Email us directly at:

    We will contact you within 1 business day. All your information will be kept strictly confidential and only used to brief us on your situation before we call you.

    Our offices are centrally located in downtown Hamilton, comfortable, wheelchair friendly and with free parking. If you cannot make it to our office, we will come to your home, hospital or any other location that is convenient for you.