2022 QCCQ 12922, 2022 QCCQ 12922

Haroosh (Shai Ben Haroosh) c. Town of Hampstead 2022 QCCQ 12922 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL "Civil Division" N° : 500-32-711076-200 DATE : November 29, 2022 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ SHAI BEN HAROOSH doing business under the name of Shai Ben Haroosh and SHAI BEN HAROOSH in his capacity as tutor of Daniel Ben Haroosh and EDITH COHEN doing business under the name of Edite Plaintiffs c.

TOWN OF HAMPSTEAD Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Plaintiffs Shai Ben Haroosh and Edith Cohen, the parents of the Plaintiff Daniel, claim the reimbursement of the cost of the ambulance service, loss of revenue and other expenses, following Daniel’s fall at a day camp organized by the Defendant. [ 2 ] The Defendant contests the claim, arguing that they acted prudently in the care of Daniel.

THE CONTEXT [ 3 ] On July 29, 2019, as Daniel was as the Defendant’s Day camp, he fell and hit his head.

Fearing a concussion, an ambulance was called, and he was brought to the MUHC. [ 4 ] Following tests, he was released from the hospital on the same day [ 5 ] The Plaintiffs argue that their son was unsupervised and that too many children were registered for the number of supervisors. [ 6 ] If better care had been exercised by the Defendant, the Plaintiffs would not have incurred the expenses that they claim by their recourse, namely, the cost of the ambulance service, parking expenses, loss of revenue and 500$ for the aggravation, for failing to keep Daniel safe.

THE ANALYSIS [ 7 ] Laurie Labelle, team leader for the Defendant, explains that Daniel, eight years old, was registered in a sports program. [ 8 ] Contrary to the Plaintiffs’ assertion, 25 children were registered, under the care of three supervisors. [ 9 ] As appears from the report [1] , while playing, Daniel fell and was brought to the first aid local. [ 10 ] Daniel’s grandmother was present, and the Plaintiff Edith Cohen was contacted and both accepted that Daniel be transported by ambulance to the MUHC. [ 11 ] The next day, Daniel continued at the day camp until the end of the program. [ 12 ] The Court considers that the Plaintiffs’ Claim is unfounded, the Defendant acted prudently in the care provided to Daniel.

FOR THESE REASONS, THE COURT: DISMISSES Plaintiffs’ Claim;

WITH COSTS in the amount of $156 representing the judicial stamp of the Contestation ________________________ DIANE QUENNEVILLE, J.C.Q.