A toddler’s tiny swimming pool is a hot topic in the courts of Canada.
But the case of a Nova Scotia toddler has prompted the Canadian government to take action to protect the public and keep its own pool safe.
Read moreAbout the caseThe Nova Scotia court of appeal has ruled that the provincial government can’t force the municipality to build a large pool to be accessible for kids under 10 years old.
The appeal court ruling came in response to a lawsuit filed in the Nova Scotia Court of Appeal by the parents of a boy under 10 who was allegedly harmed by a swimming pool in a Halifax neighbourhood.
The boy was playing at the pool with a friend in the early hours of Jan. 10 when he felt dizzy, his mother told CBC News.
The court ruled that it’s “a reasonable and reasonable inference” that the boy was being hit by something.
But after reviewing the video evidence, the court of appeals determined that it was “highly unlikely” that it happened.
The family has since moved the boy’s parents from the pool to another nearby one.
A lawyer for the boy, who was not named in the appeal, argued in a motion for summary judgment that the pool is clearly accessible for children and that “the evidence clearly shows that the young man’s friends were in the pool at that time.”
The boy’s father, who is a lawyer, said he would appeal the ruling.
“This is an outrageous decision by a court of the Nova Scotians court of a provincial court, that’s why I’m fighting to make sure that this court does the right thing,” he said.
“The court should be following the law.
If it doesn’t, it’s not a court.”
In a written statement, the Nova Sather Council said it is “extremely disappointed with the ruling” and “we are appealing the decision.”
“We look forward to working with the Nova government to address this issue and ensure this matter is resolved in the best interests of the children,” it said.
The Halifax Regional Municipality, which owns the pool, said it will continue to monitor the situation and take whatever steps necessary to address it.
“While we respect the court’s decision, we will continue monitoring the situation,” said spokesperson Jason Fauver.
The case has prompted some concern about what constitutes a swimming environment.
The Halifax Regional Council’s safety manager, Chris Sibley, told CBC’s On the Coast that he’s “not a fan” of the ruling and is concerned about whether children are being adequately protected.
“It’s a real issue and I’m not sure if it’s the right decision, but the council is going to be looking at that,” he told host Kevin Gallagher.
Sibley said he believes children need to be allowed to swim in the pools to build their confidence and learn new things.
“I do think it’s important that kids understand how to swim.
It’s an important part of life, it helps kids grow and develop their body and mind,” he added.