The defendant Redi-Mix brought a summary judgment motion to dismiss the plaintiff Youssef's claim after Youssef was seriously injured when his motorcycle struck a donkey that had escaped from Redi-Mix's rented property.
Youssef cross-sought summary judgment on liability.
The court found that Redi-Mix, as a residential landlord, was negligent in failing to maintain and inspect the fences, as required by the Residential Tenancies Act and its regulations, which allowed the donkeys to escape and cause a public nuisance.
The court dismissed Redi-Mix's motion and granted summary judgment on liability in favour of Youssef against Redi-Mix, reserving damages for trial.
