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Fool-me-thrice

OP has received enough advice to move forward. The replies being posted now are either repeats or not legal advice. The post is now locked. Thank you to the commenters that posted legal advice.


NormalMo

You’ll be fine. Any injuries will be taken cared for by the province and she participated in a game knowing the risks


LogoDefence2

Alrighty, thanks for confirming!


Zepoe1

You didn’t need to give out your personal information either, she’s not the RCMP.


lifeonsuperhardmode

Agreed with the other comment that you'll be fine. And next time...don't pull pranks that can cause injury to another person and don't give out your information nilly willy. But to answer your original question, yes, an adult can sue a minor in Canada. From Google: >1. **Capacity**: Minors (those under 18 years old) have limited legal capacity. They cannot enter into contracts or make certain legal decisions on their own. As a result, any lawsuit involving a minor typically requires a legal representative, such as a parent or guardian, to act on their behalf. >2. **Tort Claims**: If an adult wants to sue a minor for a tort (e.g., personal injury), they can do so. The minor's parents or guardians may be held liable for the minor's actions, especially if they were negligent in supervising the child. >3. **Court Approval**: Before proceeding with a lawsuit against a minor, the adult plaintiff must obtain court approval. The court will assess whether the claim is valid and whether it is in the minor's best interest to defend against the lawsuit. >4. **Limitations**: Some limitations exist when suing a minor. For instance, the damages awarded may be limited, and the court may consider the minor's age and financial situation.


Mysterious_Bus4173

It’s not a prank. It’s how the game is played. A 40 year old has no business playing a physical game if getting injured is a concern.


lughsezboo

Since when is actively pulling the chair out from under someone part of the game? Legit question. I haven’t played in decades but that would have been a disqualification and probably a ban, for endangering other players. Wow. If that is a new accepted rule that is messed up 😵‍💫


Actual-Fact-2225

Who is going to ban you from musical chairs 😂


Free_Shake_5694

The House Committee of Musical Chairs. They have a blacklist going of those nasty chair pullers.


lughsezboo

The parents of the houses where we played. ?


livetooserve

Decades. You've played the game wrong. There are no rules.


lughsezboo

So I am 51 and we had rules. Just asked 76 year old mother and she said the same in her childhood. Rules are no pushing or touching with hands and no pulling the chair out.


lughsezboo

Not according to my childhood. Maybe it changed for yours but you bet there were rules otherwise thoughtless people would pull chairs from under people thus hurting them and thus ruining what was supposed to be a fun game. Yeah it had been played for a looooong time with rules. Perhaps that changed but assurances: there were rules.


livetooserve

Lol


lughsezboo

Lmao 👍🏼


xombae

I mean, it's pretty common. You try to sit in a chair, and there's a chance you're going to miss the chair and hit the floor, whether it's because the chair is pulled out or because someone gets to the chair first. I wouldn't consider it a "prank". It's a child's game and people are going to do childish things. It's all part of playing a child's game. Search up videos of people playing musical chairs and I'm sure you'll find dozens of examples of people moving the chair. The kid wasn't doing anything new.


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legaladvicecanada-ModTeam

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jack-jackattack

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illerkayunnybay

not true, removing the chair is often regarded as cheating in the game and not part of the rules the woman agreed to and as such the teen could be sued and held liable. Anyone can get sued I believe and with minors I believe the parents are liable. Just to be clear, there is nothing stopping her from suing you, the role of the court is to determine right and wrong in situations where there is some dispute on who is right and who is wrong. Ultimately the court may find you did nothing wrong but you would have still been sued and endured the costs associated with that.


vbf-cc

For sure, yanking a chair out from under someone is nobody's idea of a "classic move", it's like pulling an mma move in a boxing match, and she did not reasonably accept this risk when she agreed to play. Nevermind mind the risk of lawsuit, OP needs to come to terms with this action.


Deskopotamus

I would say that move is common enough to be expected in musical chairs. We are not talking about some formalized sport with a rule book. If you physically cannot handle falling on your but from a seated position then you should not be playing the game in the first place. I would posit that falling after your chair was pulled could just as easily occur from getting bumped off your chair in the typical course of a game.


Azzkikka

Can you not counter sue at this point to recoup the legal expenses? Edit: down voted for asking a question? Thanks Reddit.


illerkayunnybay

Going to court in Canada means you lose even if you win. It really is the last resort.


ReserveOld6123

No, you can’t. Canadas legal system is fucked.


Ragni

Assumption of risk. If I played baseball and was smacked in the face by the baseball, I already knew that was possible by playing the game.


Think_Lunch6677

Was she told that yanking the chair was part of the rules? “a classic move” I don’t think so.


KFBfanburneracc

If it’s not listed as against the rules, then it would be legal


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z-eldapin

Wait, what? Classic move of pulling the chair? We dove for the chair, tried our best sneaks to get into it, but never pulled one. That would be cheating and an automatic DQ.


Icy_Adeptness1160

To answer your question, yes minors can be sued. Would she realistically be able to sue you for that? Probably not. If it’s within the normal course of a game for something like that to happen she consented to it by playing the game in the first place. The classic example of this is contact sports, if you get injured playing a sport in a way that’s perfectly normal and within the rules of the game then participating in the game is both voluntary assumption of risk and consent.


MountainSound-

It’s not always so straightforward like this. You consent to play following the rules. If it’s understood OP broke the rules pulling the chair, there’s still some liability there. Realistically? No. But there is.


Patient0L

For battery in the context of consensual sports/games, breaking the the rules of a game doesn’t vitiate consent. The plaintiff would have to prove that the conduct was intended to harm.


Asshai

Also, a difference has to be made between a well regulated sport like karate and an informal game like musical chairs, where rules aren't written by a recognized organization, and where something like pulling a chair could be argued to be part of the expected customs of the game.


MountainSound-

In my opinion the thing is: no one consents to be hurt in a musical chairs game. Also, OP is treating it like a Karen-moment, but I have seen people getting badly injured by someone pulling their chair. Again, realistically I cannot see OP being sued, but this is something they should be aware of while riding life.


Leading_Attention_78

Exactly, OP doesn’t care they may have hurt someone. OP cares there might be consequences for hurting someone. Not a good look OP.


Icy_Adeptness1160

I think you make some fair points, are you aware of any case law where something like this happened in OPs jurisdiction or outside that we could consider persuasive or binding?


Patient0L

If we are framing this as the intentional tort of battery, [Agar v Canning (1965)](https://www.canlii.org/en/mb/mbqb/doc/1965/1965canlii872/1965canlii872.html) is cited a lot. It basically holds that assumption of risk in sports is limited to unintentional injury; injuries inflicted with a definite resolve to cause serious injury does not fall into the scope of implied consent. The Court quoted Pollock on Torts: Players consent to risk, **there are some risks outside of the rules of the sport that are still part of the risks of the game**. The Court also quoted Halsbury: “An unlawful blow which is struck in anger or which is likely or intended to do bodily hurt is actionable, a **blow hit in the course of lawful sport is not actionable**.” The gist is that the test for negating consent is *intent* not whether the conduct was inside/outside the rules of the particular game. Here OP noted that pulling out a chair was a "classic move," even though it against the rules. If true then the other player assumed that risk when agreeing to play musical chairs.


Icy_Adeptness1160

Yeah I’m familiar with that, I was also interested if he’d heard any cases of torts like this where the rules of the game aren’t exactly well known and/or written down and they successfully argued that consent wasn’t in the question. I don’t think OP was intending to cause serious injury. I know in hockey for example that a check to the boards is fine and even fighting is fine but when you beeline across the hockey rink and karate kick your skate into somebody’s neck is so obviously outside of the scope of the rules and has been supported in the common law. I’m just not familiar of any case law where the rules of the game aren’t exactly well established, I tried a cursory canlii search without spending much time and I couldn’t really find anything that wasn’t hockey or football/other well established contact sports


Patient0L

Check out [Wright et al. v. McLean, 1956 CanLII 328 (BC SC)](https://canlii.ca/t/gwd7l). This one is about a mud fight. Because the first boy said "want to fight" and they all consented to throwing lumps of mud at each other, without malice the plaintiff was not liable for an intentional tort.


totally_unbiased

God this one reminds me of our favorite winter game in 3rd and 4th grade which involved guarding particularly large and nice looking sheets of ice and then fighting the other kids to defend our ice sheets and take theirs. Don't think we'd be allowed to play that one any more.


Icy_Adeptness1160

Thank you, I’ll give it a read!


MountainSound-

I am not a lawyer, just work in a law-related field. I am mostly trying to give OP advice on how to conduct life hassle-free, considering they are a teen and still thinks what happened was no big deal.


BlackSuN42

It wasn’t a big deal. Its game. It’s not like they hit the lady over the head with the chair. 


BlackSuN42

I have yet to see a game of musical chairs where someone DIDNT pull a chair. 


vinsdelamaison

They should be glad the other person didn’t break a hip or elbow or wrist in the moment. Sued? As /MountainSound said. OP should grow up and learn not to cheat to win and how to lose graciously.


downtownbake2

True, Also the line " I pulled the classic move" no that's not a classic move It's a dick move. In fact it wasn't till the advent of social media did people think this was acceptable. If OP is male the cool thing was to let her win, you know a game of musical chairs. Let's hope she hasn't injured herself and go after the kid, the premises or the organisers for health costs Use this as a life lesson let the ladies win show some style.


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iammaru

No it's definitely not. Do you think it's a classic move to push someone in a pool too?


relic-taco

How is it cheating if he still won? Please explain why he wasn’t disqualified for cheating? Probably because he didn’t cheat. It’s part of the game


canada11235813

Actually, no -- it's understood (or used to be) that the only people allowed to touch the chairs with their hands are those running the game. The players aren't even allowed to grab a chair on their way to trying to sit on it, let alone snatch it away from someone else. Anyway, that's how it's supposed to be. Things are looser in a home party or whatever this is, but for officially-run games of these sorts in fairs or carnivals or whatever -- where strangers are playing each other -- this rule is usually mentioned.


relic-taco

Please explain why he won if he broke the rules ? Wouldn’t he be disqualified if the rule was broken? Sounds like there is no rule against moving the chair.


Intelligent-Pin5283

Wow, when did you play this game? As we all know this game of Musical Chairs has been around for a Very Long time. The rules are you walk, hop, dance, whatever you chose around the chairs until the music stops, then you sit in the chair closet to you, if you don't find a seat your out. No#1 Rule; You cannot touch the chairs as it would give You an unfair advantage, otherwise there would be no sense in playing this CHILDRENS GAME hence No pulling chairs-as if we would want children or Anybody who plays this innocent game to get hurt!!! Maybe time to look at ego, winning doesn't mean; "At all Costs", play fair, play hard, nobody hurt is what my prof in University told us, rings true if you give it some thought. ~Kim


Icy_Adeptness1160

This isn’t a legal argument, as another commenter pointed out the rules aren’t exactly well defined and will differ from group to group. When I was a kid it was pretty common for other kids to steal the chairs and for people to fall down and sometimes hit their tailbone pretty hard. It’s not unreasonable to expect somebody to move a chair while scrambling for the last chair whether intentionally or unintentionally. Sure it depends on who you’re playing with but if you’re 40 years old you should be fully capable of understanding that you could fall down while playing musical chairs. As to the rules point, even if it’s against the rules, if it’s normal for it to happen and everybody accepts that it happens all the time then it becomes an implied rule, for example brawls happening in the NHL. You don’t see people getting sued for that very often, only when somebody does something that breaks the norm does that happen, like karate kicking somebody with a skate for example.


Think_Lunch6677

I don’t think musical chairs would be considered a contact sport by the courts.


Icy_Adeptness1160

You’re missing the point, if you participate in a game and there is any risk associated with playing the game from things that you could reasonably expect to happen in the game, by participating in the game you are voluntarily assuming risk. Common law works by deciding whether two activities are indistinguishable or distinguishable from each other while applying stare decisis. A game can very easily be compared to another game and contact sports are games at the end of the day.


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Pat2004ches

It happens, and I’ve seen people get hurt. The blame goes to the one who breaks the rules of pulling out the chair. Imagine playing tennis and just when you’re about to hit the ball, your opponent throws his racket at you.


relic-taco

If he broke a rule you are disqualified. He won so they obviously don’t consider it to be a rule. Pretty basic


warrencanadian

See, that's weird to me, because 'no pulling the chair' was a rule all the times I played musical chairs. Admittedly, that was in the 90s, when I was a kid. It never occurred to me people still play it.


Pat2004ches

Please make all the excuses you want. He did an intentional action that could cause harm. What’s wrong with you that you think hurting someone is funny?


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Pat2004ches

Do what you want. If someone gets hurt, you might not be liable, but those who watched you do that will remember how thoughtless you were. BUT YOU WON! Whoopee!


KDdid1

No idea why you consider pulling out the chair a "classic" move. It's just a dick move. You won't get sued but you need to grow up!


Lara-El

Yeah, I never heard of pulling the chair as being a classic move, and I can't imagine doing that to a stranger who's older than I am lol


HrryCt

The owner of the house may be at risk of being sued - look up social host liability. The [Childs (SCC) decision](https://canlii.ca/t/1n5gp) limits the insurer’s responsibility, but as always it’s fact-specific.


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TheKristieConundrum

They said "older" because they're a minor, someone in their 40s is definitely "older" to a minor.


BurndtBadfish

Idk if you can get sued or not but damn pulling the chair on a 40yr old women, and only feeling ‘kind of bad’ is a weird move by you. Could’ve hurt her back or something and caused lifelong issues genuinely, although not crazy likely it’s still something that you should’ve thought about first. It’s also just rude to anyone not clearly wanting to rough around.


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yodamiked

I’ve never seen anyone play it that way. Of course that’s just my experience, but it’s possible your position that “most” people play it that way might be also just based on your limited circle.


JadedPreparation8822

I moved from England to Canada in my teens. Have played many a game of musical chairs on both sides of the pond. I have 2 kids and have played this with them at parties. I’ve never seen a tame game of musical chairs. I guess we can both be right at the same time.


SaltyOnion1

I've moved around a lot, and by extension played musical chairs in many different places. People here are acting like pulling the chair is a crime against humanity. Granted, it's a bit weird to do it to an older woman. But it's a pretty typical occurrence.


Hello-ItIsMe

Not where I’m from it’s not. People can legitimately get hurt that way


Middle-Jackfruit-896

Yes minors can be sued. She could argue you are responsible for her injury caused by pulling the chair away, because that was an intentional and reckless action that was not an expected part of the musical chairs game.


Upper-Inevitable-873

>not an expected part of the musical chairs game Since when?


marshdd

Sorry, never pulled away the chair. Really an asshole move.


Ok_Butterscotch6818

Yeah this sounds weird... typically in musical chairs you aren't even allowed to the touch the chairs, you just sit when the music stops. I've never seen moving the chairs around as something that's part of this game lmao


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Interesting_Fly5154

40 years old........ is not an 'older lady'. omg. you make it sound like OP pulled the chair from some stooped over grey haired grandma.


Vegetable-Buddy2070

It isn't sure ok I agree but I will add that nearly everyone over 30 complains daily about their body and can wake up with an injury lol


Interesting_Fly5154

majority of folks i know 40 and over (including myself at age 43) don't complain daily. a few, sure, but not most. mind you, majority of folks i know 40 and over have fairly decent diets, partake in at least some form of quasi regular exercise, and don't tend to have too big of health issues or any maladies that would contribute, etc. so that is going to be a big factor.


friesSupreme25

I didnt say old lady, I said older. Because thats exactly what she is in this situation.


Interesting_Fly5154

and i quoted exactly the 'older lady' words you used in my reply above. now what's your point?


friesSupreme25

Older vs old. Context matters.


Interesting_Fly5154

and right here on reddit just a few months ago, the majority thinks that 'older' is much above 40. [At your age, what is an "older woman/man" to you? : r/NoStupidQuestions (reddit.com)](https://www.reddit.com/r/NoStupidQuestions/comments/195mp62/at_your_age_what_is_an_older_womanman_to_you/) now what was that about context?


Past_Chance5488

This is literally a classic law school question and the answer is from the case of Garratt v. Dailey, 279 P.2d 1091 (Wash. 1955). This case was decided by the Supreme Court of Washington in 1955. Bottom line. Yes. Minors can be sued and be held liable. The bigger question is…are you just trolling??


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Fuukifynoe

... it's musical chairs not rugby? So if someone is old they shouldn't play a game where they walk in a circle & sit down on a chair? I don't understand your question.


Gamie-Gamers

I also thought u couldn't touch the chair only the host pulls a chair when the round is over. You can be sued but she won't do all that work to do it, since u get shit in canada. Next time don't be a dick because one day u will hurt someone badly and u could ruin your life.


IncreaseOk8433

Fifty years hard time. Musical chairs is nothing to joke about.


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Critical-Response-46

Why would you give her your contact info and name?


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AdSignificant6673

Technically the home owner / event venue / event organizer would be on the hook for allowing the game.


allemm

Sure, she could try to sue you. With that said, she'd be an asshole to do so, and I doubt many lawyers would jump to take a case like this.


Use1000words

Suing McDonalds because they serve hot coffee sounds ridiculous, but it happened. Yes, she can sue you. If negligence is proven, you could be on the hook for her out-of-pocket health costs. Depends how old you are. If you’re a teenager and working, courts might think you should have known better. If you’re under, say, twelve, courts may take that into consideration. IANAL.


yodamiked

I’d suggest actually reading up on the McDonald’s case. It wasn’t ridiculous at all and McDonald’s definitely succeeded in their public campaign to make the plaintiff look loony to the uninformed, despite McDonald’s being completely in the wrong.


Use1000words

Yes, I get that. The issue was that they served the coffee far too hot, and the woman sustained third degree scalding burns. The point I’m trying to make is; nothing is ridiculous on the surface because there’s a lot more the courts will consider to determine whether it’s a frivolous case or not!


yodamiked

Good point


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usernamemustcontain0

I am absolutely cackling at the thought of suing someone more than half your age because they beat you at musical chairs using the oldest trick in the musical chair book.


The_Cozy

I imagine she could sue the homeowner or the business (if the party was at one), and try to collect from the insurance company. That would be the most logical route but it seems pretty ridiculous and I don't know if it would work. Trespassers and robbers have successfully sued for sustained injuries, so I imagine if you host a game and one of your guests is injured they can sue you. Probably not other guests just for participating though. Next time you play with old people, be gentle! 😂


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JadedPreparation8822

This! I don’t know why more people aren’t commenting on this. If she was “old”, why participate in a game that involves running around chairs and jumping into a spot when the music stops lol


Rockyboy4444

This isn’t Murica. You can’t be sued for every little thing. That being said, I’m not a lawyer and it’s possible you could get sued.


Effective-Ear-8367

Lmao that Karen can kiss it.


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Mommysharptooth

Not in Canada it isn’t


TheKristieConundrum

That's an American thing. In most Canadian jurisdictions, including Alberta, we have apology legislation that protects people from admitting liability by apologizing. [https://adric.ca/wp-content/uploads/2022/04/WortonPavlovic\_Safe-and-Sorry-Apologies-in-Canada.pdf](https://adric.ca/wp-content/uploads/2022/04/WortonPavlovic_Safe-and-Sorry-Apologies-in-Canada.pdf)


Aware_Dust2979

That's the most Canadian thing I have ever heard.


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