The appellant landlord appealed a summary judgment finding it liable for injuries sustained by the respondent motorcyclist, who collided with donkeys that had escaped from the appellant's tenanted property.
The motion judge found the landlord negligent for failing to inspect or repair fences and for permitting an unlocked gate.
On appeal, the Court of Appeal upheld the liability finding, noting the landlord had admitted responsibility for the condition of the fence.
However, the Court found the motion judge erred by granting judgment without determining the issue of contributory negligence.
The appeal was allowed in part, and the issue of contributory negligence was remitted to trial along with damages.
