Norma Barron

The plaintiff was bitten in the face by a dog owned by the defendants.

The defendants were noted in default, and the matter proceeded as an undefended trial on affidavit evidence to assess damages.

The court awarded the plaintiff $37,500 in general damages for physical scarring and psychological trauma, $2,500 for future psychological care, and $5,461.43 for the OHIP subrogated claim.

The plaintiff's parents were each awarded $5,000 under the Family Law Act for loss of care, guidance, and companionship.

Costs were fixed at $16,000 on a partial indemnity basis.

The defendants brought a motion for relief from the deemed undertaking under Rule 30.1.01(8) to use portions of the plaintiff's examination for discovery transcript from the civil action in a related statutory accident benefits (SABS) claim before the Licence Appeal Tribunal.

The plaintiff argued the court lacked jurisdiction and that the LAT should decide the issue.

The court held it had jurisdiction to waive the deemed undertaking, leaving admissibility to the LAT.

The court granted the motion, finding the interest of justice outweighed any prejudice because the plaintiff had consented to the defendants' counsel acting in both proceedings and knew Canada Post was the sole decision-maker for both claims.