The appellants appealed a summary judgment dismissing their action for injuries sustained in a horse-related accident.
The appellants argued there were genuine issues for trial regarding whether the appellant intentionally held onto the lead shank due to the premises' condition, and whether the horse owners had prior knowledge of the horse's dangerousness.
The majority of the Court of Appeal allowed the appeal, finding that the appellant's affidavit and evidence of the horse's breed and prior incidents created genuine issues for trial.
The dissenting judge would have dismissed the appeal, finding the appellant's self-serving affidavit and hearsay evidence insufficient to survive summary judgment.
