Shereen Rai of Bogoroch & Associates LLP successfully represented the Plaintiffs at trial, in a case involving damages related to injuries sustained in a vicious dog attack on the minor Plaintiff, Micaela Lambert, who at the time of the attack was 2 years old.
1. This is an undefended action. The defendants, Walter Brown and Charlene Brown, were noted in default on August 12, 2010. The action as againt the defendant, Philip Birnbaum, as well as the crossclaim of Philip Birnbaum, as against the defendants, Walter Brown and Charlene Brown, were dismissed without costs pursuant to the Order of Stinson J. dated December 16, 2011.
2. The action is brought on behalf of Micaela Lambert, by her Litigation Guardian and mother, Alison Chisholm and by Alison Chisholm and Aaron Lambert, Micaela’s father, in their personal capacities. The action involves personal injuries sustained by Micaela, who is now 10 years of age, when she was bitten by a dog at the age of two and sustained significant injuries to the face and scalp. Her parents further bring this action in their personal capacities for damages pursuant to the Family Law Act R.S.O 1990 c.F.3 (“FLA”) as amended for loss of companionship normally provided by Micaela. There is no claim for special damages.
3. As noted, the defendants, Charlene and Walter Brown, failed to deliver a Statement of Defence and were noted in default. Accordingly, they are deemed pursuant to the Rules of Civil Procedure “the Rules”, to have admitted the truth of the allegations of fact contained in the Statement of Claim, including the allegation that they are jointly and severally liable for the damages resulting from the attack of the dog.
For the full decision, click to download: Lambert et al. v. Brown et al.