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