Unbelievable Decision In A Provider's Small Claims Case!

[Thatcanadianlady]

Wow! Do you guys have an option to appeal a ruling?

It sounds so simple so I am floored that the law regarding protection for mandated reporters was so blatantly ignored. :confused:

Are you registered with an agency or were/are you an independent provider (I can't remember what the difference is in Canada...sorry)

Also as an FYI, your identity would not be known (just your username) if you do decide to register AND as a registered member of the forum you would have access to the "off topic" area which is ONLY for registered members so no one unregistered would see anything you post.

If you decide to remain unregistered, that's cool too.

I registered an account. Thank you blackcat..

I am just as confused as you are, a lot of people thought the case would have been thrown out and defiantly not ruled against me. This sets a presentment. I recently found a press release from an association in Ontario that governs all the different societies in the province. In this release it basically stated that there was over 171000 referral made to a society and of that over 81000 were investigated and of that 31000 were closed. So my case allows all the informants who's referral was closed or not investigated to be sued in a court of law. They then would have to prove their suspensions. It's a scary precedent.

Here is the link for more specifics. http://www.oacas.org/newsroom/releas...14_CAPM_NR.pdf

I was an independent childcare provider and not affiliated with any agency. Also just to point out that many daycare insurance companies don't cover being sued for defamation or emotional harm.

[Ariana]

This story is so horrible in so many ways however the judge really had no choice because no witnesses were called. If the CAS worker had been called then he would have ruled in her favour. I am really hoping this case gets overturned but in an appeal you can't produce any new information so a new judge will simply look over what was already presented.

Hope it goes your way Canadian Lady!! I am rooting for you

[Unregistered]

This story is so horrible in so many ways however the judge really had no choice because no witnesses were called. If the CAS worker had been called then he would have ruled in her favour. I am really hoping this case gets overturned but in an appeal you can't produce any new information so a new judge will simply look over what was already presented.

Hope it goes your way Canadian Lady!! I am rooting for you

You are right in an appeal in Ontario it's hard and costly to fight to get new evidence and witnesses in an appeal and it is very rarely allowed. Unfortunately for me the deadline for an appeal has passed. The Society did find a lawyer for me that would work pro bono but I would still be required to pay for all dispersments which can be 8000$. And if I lost the appeal I would be looking at paying 40 000$ or more. It was a very hard decision to decide to not appeal but I couldn't financially afford it. So I'm left having to pay the judgment. This is why I am fighting for changes...I'm your average dcp and we all know we don't make much. It's hard for me to wrap my head around paying the judgement so I tell myself it's all for a reason and that must be to fight to change the legislation to ensure this does not happen again.

I did have witnesses in my case,however they were not expert witnesses. the other side did not have any witnesses. I believe also had the right questions been asked and IMO the judge was not biased I think things could have turned out differently. In the end what I learned at what is reasonable grounds for me may not be reasonable to someone else. With that being said this ruling still sets a precedent and is a slipper slope in that reasonable grounds will now be up to interpretation by a judge. This is scary in that now people will now be afraid that their feeling, suspicion may not be enough in a court of law and then therefore choose not to make a report. Even though the society may feel your report would be reasonable and therefor will put all children at risk. I believe that no one should have to fear being sued when trying to protect the child with no ill will.

[Thriftylady]

I don't see how a judge can do that. I mean if everyone fears being the one to report, who will ever report? It seems counter effective.

[Unregistered]

I don't see how a judge can do that. I mean if everyone fears being the one to report, who will ever report? It seems counter effective.

Exactly, that's why it's so shocking. Im sure that the society will be putting out a statement expressing their concerns on how this ruling will impact the safety of children. This is why I wanted to share my story...it's to gain support and so people will be outraged that this could happen and help put pressure on the government to make changes.

[Ariana]

This is so ridiculous and just another way that shows that we as caregivers get ZERO respect for doing our jobs

You did the right thing and don't ever forget it. People all over Canada (and now the USA) are heart sick for you. It was a gross miscarriage of justice and that judge should be ashamed.

[Unregistered]

More on the story:

http://www.citynews.ca/2015/03/24/ex...ected-neglect/

[Unregistered]

try that again:

http://www.citynews.ca/2015/03/24/ex...ected-neglect/

[Blackcat31]

More on the story:

http://www.citynews.ca/2015/03/24/ex...ected-neglect/

try that again:

http://www.citynews.ca/2015/03/24/ex...ected-neglect/

Neither of those links work. :confused:

Is this the story you are trying to link to?

http://www.citynews.ca/2015/03/24/exclusive-home-daycare-owner-sued-after-reporting-case-of-suspected-neglect/