Question

1.Read the following Article and provide a beautiful summary and analysis and also Discuss the 4 considerations in a negligence case and consider all the possible defendants who could be held liable in the following article?(answer must be double spaced and not more than 3 pages.)

The mother of a baby who died at a Vancouver daycare describes the details of what she experienced that day in a lawsuit filed in B.C. Supreme Court. The statement of claim filed on Monday alleges baby Macallan (Mac) Saini choked on an electrical cord and died because he was left alone. His mother, Shelley Sheppard, is alleging negligence by the daycare operator, the property owners where the daycare was being operated, the local health authority and the provincial government. Statements of defence have not been filed and none of the allegations made in the lawsuit have been proven in court. Yasmine Saad, identified in the lawsuit as the operator of the daycare, could not be reached for comment. The Ministry of Children and Family Development said it cannot comment because the matter is before the courts, but legal counsel will review the lawsuit and "respond accordingly to the court." "The death of a child is a tragedy no parent should ever face, and our heartfelt condolences go out to the parents," it said in an e-mailed statement. The statement of claim accuses the landlords of allowing Ms. Saad to operate a daycare without a licence, failing to supervise operations and failing to ensure the premises were safe and suitable for an infant. One of the property owners said she was unaware her tenant was operating a daycare on the premises when she rented it to her and declined further comment. The second could not be reached. The statement of claim says Mac was 16 months old when he started attending the Olive Branch Daycare. It says when Ms. Sheppard arrived to pick up Mac on Jan. 18, 2017 - eight days after he started attending Olive Branch - a fire truck was in front of the daycare. She followed a firefighter up the stairs, it says, and she saw her son lying on the floor with a "'grey' pallor." She understood him to be dead. "Sheppard observed the defendant Saad yelling and screaming and attempting to resuscitate Mac Saini in a perfunctory way. Her experience in ... being present and witnessing the death of Mac Saini and seeing his lifeless body was shocking and horrifying to the plaintiff," the statement says. It alleges the daycare was "overcrowded" with children, including one who was hidden behind a couch and other children strapped to chairs. The lawsuit accuses Vancouver Coastal Health and the Ministry of Children and Family Development of failing to warn parents or stop the daycare from operating after "multiple complaints" of operating without a licence and overcrowding. Complaints were investigated in 2010, 2011, 2012, 2015 and 2016 and the lawsuit asserts the health authority identified Ms. Saad as a "moderate risk to health and safety." It says she was never fined and no steps were taken to prevent the daycare from continuing operations. Under B.C. law, child care providers are allowed to care for up to two children or a sibling group who are not related to them without a licence. Vancouver Coastal Health said in a statement that it inspects more than 1,100 daycares routinely ever year and inspection reports are posted on its website. "Without commenting on this particular case, the vast majority of daycares are meeting their regulatory requirements for providing appropriate and safe care to children," it said. Credit: THE CANADIAN PRESS

Answer 1

In Vancouver daycare , a baby named Macallan (Mac) saini choked on an electronic cord and died who was alone there. Mother of baby Shelley Shepperd alleged daycare operator, property owner where daycare was being operated and local health authority and provincial government for their respective negligences. Yasmine Sad, daycare operator could not be reached for comment. Ministry of children and family development declined to comment as the lawsuit is under review and expressed condolences for them death of the baby. Statement of claim accused property owner for allowing tenant to operate daycare without license and when daycare was even unsafe for children .One of the property owner said she was not aware that tenant was operating daycare there whole other owner could not be reached. Statement of claim further says that when Ms. Shepperd went to daycare for picking her child she saw fire truck outside daycare and followed firefighter inside daycare where she saw her child lying on the floor with grey pallor. She alleged daycare to be overcrowded and not looking after children present there properly. Lawsuit accused Vancouver coastal health and ministry of children development for neither warning parents not taking any action against daycare even after multiple cases of investigation against it and it being identified earlier as 'moderate risk to health safety'. BC law allow child care providers to care only upto 2 unrelated children without taking any license. Vancouver coastal Health in a statement said it inspects more than 1100 daycare majority of which meet their regulatory requirement for providing safe care to children reports of which re posted on their website.

There are following considerations in a negligence case :-

Defendant owed the plaintiff a duty of care .

Defendant breached that duty of care

Personal injury or property damage suffered by the plaintiff as a result of that breach

The person knew or ought to have known the risk

Following person could be held liable :

Yamine Saad (Daycare operator ) - In the given case Yasmine Saad could straight away be held liable as she was running a daycare without obtaining the license required for operating such a daycare, secondly, the she was not taking care of children properly in the daycare and the daycare was heavily overcrowded.

Both the property owner - Both the property owners could also be held liable as they let their property to a tenant without knowing for what purpose tenant is using the property

Vancouver coastal Heath - Vancouver coastal health would also be held liable for not taking any strict action against the daycare even after so many instances of investigation against it and even when daycare was being operated without obtaining license.