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 appellant appealed an order of the Superior Court of Justice.

The Court of Appeal dismissed the appeal from the bench for the reasons of the motion judge, and awarded costs to the respondent in the amount of $20,000.

The appellants appealed a Small Claims Court decision dismissing their motion to set aside a default judgment.

They argued the Deputy Judge erred by failing to inquire into the competence of their unlicensed agent under s. 26 of the Courts of Justice Act, and that they received ineffective assistance.

The Divisional Court dismissed the appeal, finding no duty on a Deputy Judge to conduct such an inquiry absent proper grounds, which were not present here.

The court also noted the appellants failed to give notice of the appeal to the agent, precluding the ineffective assistance argument.

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.