Usually, if a child swats another child with a toy dinosaur, it does not cause catastrophic injury. Usually, if a child gets hurt at a daycare, it is the daycare owners who get dragged into court. Procedural rules required that each child had a litigation representative: Nsamba Mamisa Robinson for Elijah, and Courtney and Josh Fellin for Xavier. But the action was formally child versus child. “Children in these situations are within the expected scope of risk of injury, especially a difficult to foresee risk.

Source: National Post January 08, 2026 12:44 UTC