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Judge Brian Hougestol of the Alberta Court of Justice has dismissed a rare case in which a child sued another child after he suffered a finger injury during a fight at a Grande Prairie daycare in 2022.
The fight began between two boys, one aged nine and the other aged 11, who were fighting over a toy dinosaur. In the altercation, the toy was used to hit the plaintiff, causing a fracture and dislocation of the ring finger on his right hand, which required surgery.
Although the injury was severe, the judge noted that the finger of the plaintiff, now 13, has healed well with no permanent damage.
The decision to dismiss the case was made in January 2026, with the judge emphasizing that such cases are rare and involve legal challenges to the capacity of children to be responsible. He described the incident as an accident, unintentional and unpredictable, and not a direct assault.
Hougestol explained that minor conflicts are a normal part of children’s behavior and that adults expect minor arguments to occur.
If found guilty, the damages sought were $10,000 plus costs. However, the evidence was riddled with significant gaps: no video of the incident was shown, hospital records were not released, and the plaintiff’s account appeared weak due to the passage of time and her young age at the time of the incident.
The court also absolved the defendant’s parents of any responsibility, saying they had no legal obligation to contact the plaintiff’s mother after the incident, even though it would have been the proper thing to do. The judge emphasized that there was no evidence to show they had done anything wrong in connection with the incident.
The fight began between two boys, one aged nine and the other aged 11, who were fighting over a toy dinosaur. In the altercation, the toy was used to hit the plaintiff, causing a fracture and dislocation of the ring finger on his right hand, which required surgery.
Although the injury was severe, the judge noted that the finger of the plaintiff, now 13, has healed well with no permanent damage.
The decision to dismiss the case was made in January 2026, with the judge emphasizing that such cases are rare and involve legal challenges to the capacity of children to be responsible. He described the incident as an accident, unintentional and unpredictable, and not a direct assault.
Hougestol explained that minor conflicts are a normal part of children’s behavior and that adults expect minor arguments to occur.
If found guilty, the damages sought were $10,000 plus costs. However, the evidence was riddled with significant gaps: no video of the incident was shown, hospital records were not released, and the plaintiff’s account appeared weak due to the passage of time and her young age at the time of the incident.
The court also absolved the defendant’s parents of any responsibility, saying they had no legal obligation to contact the plaintiff’s mother after the incident, even though it would have been the proper thing to do. The judge emphasized that there was no evidence to show they had done anything wrong in connection with the incident.
