This motion for judgment addressed liability and damages following the tragic drowning of Maci Bancroft, a child with Mowat-Wilson Syndrome and global developmental delay, while in the unsupervised care of her father, Nicholas Bancroft.
The plaintiffs, Maci's mother (Shauntal Campeau-Proulx), older sibling (Zayden Bancroft), and Maci's estate, sought damages for negligence.
The court found Nicholas Bancroft solely liable for negligence due to his abandonment of supervisory duties during bath time.
Claims against Sarah Bercier, who was also present, were dismissed as no duty of care was established.
The court also dismissed claims for pain and suffering under the Trustee Act due to lack of evidence of conscious suffering, and a request to declare the judgment non-dischargeable in bankruptcy, deferring this to the bankruptcy court.
Damages for loss of care, guidance, and companionship were awarded to the mother and sibling, with the amounts adjusted to reflect Maci's special needs and limited capacity to provide future care and guidance.
