Family reaches settlement in lawsuit over boy who choked on school lanyard
The family of a Calgary-area boy who suffered catastrophic injuries in a school incident in which he was nearly hanged on a lanyard has reached an out-of-court settlement with the Rocky View School District.
But because of a confidentiality agreement between the parties, the amount to be paid for the ongoing care of Nicholas Kitzul and the damages caused to him will remain a secret.
Justice Alice Woolley, who approved the settlement on July 30, denied a bid Thursday by several news organizations, including Postmedia, to divulge the amount.
Media lawyer Matthew Woodley had argued that because provincial legislation says any settlements involving minors must get court approval, the amount should be made public.
But Woolley found the legal principal of settlement privilege outweighed the general rule that court proceedings are open to the public.
The Court of Queen’s Bench judge said making the amount public could have a negative effect on future lawsuits involving minors.
Woolley said that the ability to utilize confidentiality agreements in settlement talks, something she said was a major incentive for parties to reach a deal, would be lost in such cases.
In legal disputes between adults, confidentiality agreements are common, meaning any out-ofcourt settlement is only known by the parties involved.
A provision of the provincial Minors’ Property Act requires that any deals between parties in lawsuits involving underage plaintiffs must receive court approval before a settlement can be finalized.
Woodley argued if the intent of the legislation was to allow the figures to be kept secret, the law could have been drafted in a way that approval could simply be made by the Public Trustee.
That step was required in this case, but court approval was also necessary, bringing it into a public forum, the lawyer said.
In 2014, Nicholas’ parents, Kamila and Grant Kitzul, filed a lawsuit seeking more than $17 million in damages for the injuries suffered by their son in a Dec. 12, 2012, incident at Bearspaw School.
The then-grade 3 student was wearing a lanyard around his neck issued to carry his hall pass while on a bathroom break.
Four minutes after Nicholas left class, a schoolmate entered the washroom and found him hanging from the lanyard, which was caught on a washroom stall door.
Woolley said without the ability to enter into confidentiality agreements, minor litigants would be dealing with different rules.
“It is the only way to ensure that we have a system for minors, as well as adults, that encourages settlement discussions,” she said.
Lawyer Tara Pipella, who represents the Kitzul family, said they are relieved the case has been settled in what she described as a “horrific hardship.”
“It gives them the opportunity to move forward, finally, and secure the funding that Nicholas needs,” Pipella said.
She says while Nicholas still requires round-the-clock care, he has made some progress in recovering from his devastating injuries.
“The progress is very slow, but the family are so devoted to him I wouldn’t be surprised if he’s walking some day.”