2 total
Action for injuries caused by a horse dismissed as plaintiff failed to prove scienter or negligence.
The plaintiff, an experienced horseman and stable operator, suffered severe facial injuries while leading the defendant's horse.
There were no witnesses to the incident.
The plaintiff sued the defendant in strict liability (scienter) and negligence, alleging the horse had a dangerous propensity to rear and that the defendant used improper training techniques.
The court dismissed the action, finding no evidence that the horse had a prior dangerous propensity to rear vertically or that the defendant's training methods were negligent.
The court also assessed damages provisionally and held that the plaintiff's illegal immigration status did not bar his claim under the ex turpi causa doctrine.
Summary judgment motion dismissed as limitation period was postponed while plaintiffs pursued municipal drain petition.
The defendants brought a summary judgment motion to dismiss the plaintiffs' action for property damage caused by flooding as statute-barred.
The plaintiffs' farm flooded in 2015 after the defendants altered their tile drainage system.
The plaintiffs petitioned the municipality for a municipal drain in 2016 and commenced their action in 2018 after learning the drain project was uncertain.
The court dismissed the motion, finding that the limitation period was postponed under s. 5(1)(a)(iv) of the Limitations Act because the plaintiffs were engaged in an alternative administrative process (the municipal drain petition) that made litigation premature.
