Our firm recently won this appeal to the Divisional Court. In June 2017, the Plaintiff was at an off-leash dog park in Toronto when a German Shepherd ran into her, knocked her to the ground, and caused her to briefly lose consciousness. .
The Plaintiff sustained a tibial plateau fracture in her knee, and required surgery. She was confined to a wheelchair for several months, during which time she was unable to work, walk, and drive. She sustained ongoing physical and psychological impairments, including a fear of dogs, generalized anxiety, and leg pain.
The Plaintiff sought to recover income, damages for pain and suffering, and out-of-pocket medical costs.
The Plaintiff brought a motion for default judgment. The motion judge found that because the dog had merely run into the plaintiff, this did not constitute an “attack” under the Dog Owners Liability Act, and accordingly, was insufficient to find the owner strictly liable. The motion judge dismissed the Plaintiff’s motion.
The Plaintiff successfully appealed the default judgment motion decision. On appeal, the main issue was whether the incident constituted an “attack” under the Dog Owner’s Liability Act (“DOLA”). The court held found that this constituted an attack, and noted that there is no requirement for victims to show that the dog acted aggressively, for an incident to qualify as an attack.
If you have similarly experienced injuries from an incident with a dog, our legal team can help you receive the compensation you may be entitled to. Call us today, at no cost, to discuss potential next steps.