On November 14, 2016, the Court of Appeal for Ontario (the “Court”) released its decision in Saumur v Antoniak (“Saumur”). Affirming the decision of the Ontario Superior Court of Justice, the Court addressed the subject of contributory negligence by a minor who was hit by a car when crossing an intersection with the crossing guard absent. The minor, Dean Saumur (“Dean”), and his litigation guardian were the Respondents in the appeal by the City of Hamilton (the “City”). At trial, negligence was apportioned equally as between the City and Luba Antoniak, who was the driver of the vehicle which struck Dean, with no contributory negligence being found as against Dean. On appeal, the City argued that Dean was contributorily negligent in that he failed to look both ways before crossing the intersection. The Court disagreed and dismissed the appeal, affirming the trial court decision. For charities and not-for-profits that deal with children, the Saumur decision is an important reminder that negligent acts or omissions resulting in injury to children could result in substantial liability, and that courts may be reluctant to reduce such liability even in cases where the child arguably contributed to his or her own harm.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 395.