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Zhu v. Kendellhurst Academy Inc., 2018 ONSC 7685

Zhu v. Kendellhurst Academy Inc., 2018 ONSC 7685

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.

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