Bhatt v. William Beasley Enterprises Limited, 2015 ONSC 2168

Released June 12, 2015 | CanLII

This is a judge alone trial decision. The trial proceeded before Mr. Justice Faieta in March 2015. The minor Plaintiff was injured while boarding a ride with his father at the Centreville Amusement Park. The Defendant advanced the argument that there was contributory negligence on both the minor Plaintiff and his father in part because he had a pre-existing bone condition which made his bones susceptible to fracture. The Defendant asserted that the father should have taken greater care given this. The decision addresses this issue as well as the use of signage on amusement park rides. There was no finding of liability on either the child or his father. The Court awarded $256,692.23 in damages which was in excess of the Defendant’s offer.

Plaintiff’s Counsel: Peter Cho, Smitiuch Injury Law & Luke Hamer, Smitiuch Injury Law

Defence Counsel: Chris Blom

Read the full decision on CanLII

Michael Smitiuch
Written by

Mike obtained his law degree (LL.B.) from the University of Western Ontario. Mike also holds an Honours B.A. in Political Science from McMaster University.

His practice is dedicated exclusively to representing individuals and family members of those who have been seriously injured or killed.

Mike has lectured and written extensively for various legal conferences and publications, including the The Advocates’ Quarterly and the Ontario Trial Lawyers Association. Mike is a member of the Law Society of Upper Canada, the Ontario Trial Lawyers Association and the American Association for Justice.