TORONTO

A former North York daycare operator ordered to pay more than $10,000 for “emotional distress” is considering appealing a judge’s ruling that she “overreacted” by calling the Children’s Aid Society when she was concerned about one of the kids in her care.

The toddler was 10 to 14 months old during the time he spent in Tammy Larabie’s Pony Ave. home daycare, which ended in July 2013.

Larabie said the boy, who cannot be named, appeared to be malnourished and she called CAS on the parents, who were investigated and cleared.

The parents then sued Larabie, 37, in small claims court and won in a February decision.

“Leaving Ms. Larabie’s personal circumstances aside, is there a matter of public interest where the unintended consequences of this decision will mean that a neighbour, daycare worker, teacher may think twice before picking up the phone to call Children’s Aid because they don’t want to see there’s a lawsuit in their mailbox?” lawyer Ari Goldkind said Thursday. He is reviewing the case pro-bono for Larabie to see if there is merit to the appeal.

In his ruling, Deputy Judge Lewis Richardson said Larabie’s call to the CAS was panicked, that the boy was in good health, nothing was found “to suggest that (the child) was in any danger” and there “were no reasonable grounds for the complaint.”

The Ontario Association of Children’s Aid Societies said the ruling is concerning because it could potentially inhibit someone’s ability to phone in reports.

“We would urge people to make those calls (to CAS),” director of communications Caroline Newton said. “We rely absolutely on the public to be the eyes and ears the welfare of children.”

The Child and Family Services Act has clear guidelines for reporting suspected abuse. It states that the “public, including professionals who work with children, must promptly report any suspicions that a child is, or may be in need of protection, to a Children’s Aid Society.”

It also says it is not necessary for a person to be certain a child is or may be in need of protection to make a report to a CAS.

“‘Reasonable grounds’ refers to the information that an average person, using normal and honest judgment, would need in order to decide to report,” the Act says.

In 2013, about 180,000 cases of possible child abuse were reported, about half of those resulting in investigations.

The father of the child, who cannot be named, could not be reached Thursday.

Larabie has been unable to operate her daycare since the ruling for financial reasons, Goldkind said.

An online fundraiser at GoFundMe.com/supporttammy has been set up to offset her legal bills. As of Thursday evening, more than $2,500 had been raised of the $20,000 goal.

Tracy MacCharles, minister of children and youth services, said the Child and Family Services Act has protections for people who report suspected abuse in good faith and with reasonable grounds to do so.

“This was a civil proceeding about a breach of contract where the judge found there to be no reasonable grounds for the complaint against the parents after hearing both sides of the story,” the minister said in a statement. “This case should not dissuade anyone from fulfilling their duty and reporting the abuse or mistreatment of any child.”

Lawyer John Schuman says that in his 15 years of practising family law, he has not heard of a similar ruling.

“CAS can have them prosecuted if they don’t report, if you’re looking after (the) child,” Schuman said. “Right now, the fine’s not that great but it’s waiting for royal ascent to have the fine increased to up to $50,000 and two years imprisonment. If that goes through, that would be a real quagmire for people.”

jenny.yuen@sunmedia.ca