A two year old toddler had an accidental death while in the care of her father. The toddler’s mother, the toddler’s brother, and the toddler’s estate sued the father and another adult who was present at the time for damages. Justice Leroy held that the father was negligent. Justice Leroy awarded FLA general damages related to loss of companionship in the amounts of $60,000 to the mother and $15,000 to the brother. In quantifying the damages the court considered that the toddler had a serious developmental disability and therefore the circumstances did not attract damages for loss of care and guidance.
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