Ilya Kirtsman

The appellant was seriously injured when a dog knocked her down at an off-leash park.

She sued the dog owner, who failed to defend the action.

The motion judge dismissed the appellant's motion for default judgment, finding the dog merely 'ran into' her, which did not constitute an 'attack' under the Dog Owner's Liability Act.

The Divisional Court allowed the appeal, holding that the motion judge erred in law by requiring proof of the dog's intent to injure, failing to consider the deemed admissions in the statement of claim, capping non-pecuniary damages for dog injuries, and improperly deducting private disability insurance benefits from the lost income claim.

The matter was remitted for a new default judgment hearing.

The plaintiff brought a consent motion to discontinue a proposed class action regarding a data breach involving Capital One.

The action had previously been stayed following a carriage motion where another action was granted carriage, but the stay was lifted after the other action was denied certification.

The court approved the discontinuance under section 29 of the Class Proceedings Act, 1992, finding that the test for discontinuance was met and ordering notice to be posted on class counsel's websites.

The plaintiff sought a case conference after the defendant's counsel delayed scheduling a mediation, proposing a date in February 2022.

The court found this delay unacceptable, citing the Supreme Court's direction in Hryniak v. Mauldin to move cases forward in a timely manner.

The court emphasized the importance of mediation in the civil justice system and ordered the parties to hold a mediation before November 30, 2021, along with setting deadlines for updated medical reports and defence medical examinations.