Motion for partial summary judgment on liability for a dog-related injury dismissed due to conflicting evidence.
The plaintiff brought a motion for partial summary judgment on the issue of liability after allegedly being injured when she fell while backing away from the defendant's dog.
The court dismissed the motion, finding that there were significant factual disputes regarding whether the dog made contact with the plaintiff, whether the incident constituted an 'attack' under the Dog Owners' Liability Act, and the extent of the plaintiff's contributory negligence.
The court concluded that a trial was necessary to resolve these genuine issues.
Khurshid v. Richards and Lefcoe, 2021 ONSC 3830
