Justice Copeland dismisses the Defendant’s summary judgment motion in an action involving a young child who fell off a play structure at his daycare and sustained a fracture to his arm and a nerve injury. Daycares have a duty to supervise children in their care and are held to the standard of a careful and prudent parent. Despite meeting regulatory requirements, including code compliance and mandated teacher-student ratios, inadequate supervision and implementation of training and policies regarding the supervision of children on a playground may give rise to negligence against the school. Schools have an obligation to minimize risk to children when they are playing at school.
For the full decision, please click Zhu v. Kendellhurst Academy Inc., 2018 ONSC 7685.