Argent v. Gray et al., (2015) 617 A.R. 45 (QB)

• Judge: Dario, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 06, 2015
• Citations: (2015), 617 A.R. 45 (QB);2015 ABQB 292

Argent v. Gray (2015), 617 A.R. 45 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MY.090

Kim Argent, Mike Argent and Kim Argent, Administrator Ad Litem of the Estate of Taylor James Argent (plaintiffs) v. Jim Gray, Karen Cretney, Central Alberta Recovery Centre, C-ARC, 1196931 Alberta Ltd., 1196931 Alberta Ltd. operating as Central Alberta Recovery Centre, 1196931 Alberta Ltd. operating as C-ARC, Serenity Ranch Ltd., Serenity Ranch Ltd. operating as Central Alberta Recovery Centre, Serenity Ranch Ltd. operating as C-ARC, James MacLean and David McMillan (defendants)

(1010 00572; 2015 ABQB 292)

Indexed As: Argent v. Gray et al.

Alberta Court of Queen's Bench

Judicial District of Red Deer

Dario, J.

May 6, 2015.

Summary:

The defendants operated a live-in substance abuse program (addiction treatment facility). The plaintiff's son died in 2007 while under the defendants' care when he ingested antifreeze. In 2010, the plaintiffs commenced an action against the defendants, claiming that their negligence (failure to get medical assistance) resulted in the death of their son. The plaintiffs claimed $75,000 as statutory damages for bereavement pursuant to s. 8(2)(b) of the Fatal Accidents Act.

The Alberta Court of Queen's Bench dismissed the action. The claim was barred by s. 3(1) of the Limitations Act. However, given that the defendant (McMillan) was noted in default and could not avail himself of the limitations defence, the court went on to consider whether there was negligence on the part of the defendants. The court discussed the applicable standard of care, and whether there was a delay in getting medical assistance that fell below the standard of care. However, the court held that even if the plaintiffs established negligence, their claim failed for lack of causation.

Limitation of Actions - Topic 15

General principles - Discoverability rule - Application of - See paragraphs 10 to 15.

Limitation of Actions - Topic 3048

Actions in tort - Fatal accidents - Where plaintiff a minor - See paragraphs 10 to 15.

Limitation of Actions - Topic 3049

Actions in tort - Fatal accidents - When time begins to run - See paragraphs 16 to 41.

Limitation of Actions - Topic 9305

Postponement or suspension of statute - General - Discoverability rule - See paragraphs 16 to 41.

Practice - Topic 3250.1

Appearance and default proceedings - Noting in default - General - See paragraphs 42 to 54.

Torts - Topic 50.05

Negligence - Standard of care - Particular persons or relationships - Addiction treatment facilities - See paragraphs 58 to 81.

Torts - Topic 61

Negligence - Causation - Causal connection - See paragraphs 82 to 102.

Counsel:

Damian Shepherd (Chatwin LLP), for the plaintiffs;

Christopher A. Rickards, Q.C. (Johnston Ming Manning LLP), for the defendants.

This case was heard in Calgary, Alberta, on February 9 and 10, 2015, before Dario, J., of the Alberta Court of Queen's Bench, who delivered the following decision on May 6, 2015.