Kate Barretto

The plaintiff brought a motion for default judgment seeking damages after the defendant's dog ran into her at an off-leash dog park, causing a leg fracture.

The court dismissed the motion, finding that a dog accidentally knocking someone over while running in an off-leash park does not constitute an 'attack' under section 2(1) of the Dog Owners' Liability Act without evidence of aggression.

The court assessed damages at $46,507.38 and granted the plaintiff leave to proceed to an undefended trial on liability if further evidence could be adduced.

The plaintiff lawyer brought a motion for a charging order over settlement funds received by the defendant, his former client.

The settlement funds were from a professional negligence claim the client brought against the lawyer for missing a limitation period.

The client brought a cross-motion for an assessment of the lawyer's accounts from a previous action.

The court dismissed the motion for a charging order, finding the lawyer was not instrumental in recovering the settlement funds.

The court granted the cross-motion for an assessment, finding special circumstances existed, including inadequate communication about accounts, disproportionate fees, and involuntary payment.