In an endorsement dated October 19, 2021 in the action of Shi v. Zhao et al (ONSC Court File No. CV-20-641798), Her Honour Justice P. Tamara Sugunasiri dismissed the plaintiff’s action on the force of a previously executed release in favour of the defendants. Per Hryniak, Her Honour was satisfied that there was no genuine issue requiring trial.
Her Honour outlined her reasoning as follows:
The contract and release signed by Shi and Yiting Mao releases him. The Dog Owner’s Liability Act holds joint dog owners jointly and severally liable for damages resulting from a bite. At trial, the onus would be on the Plaintiff to tender evidence to identify the dog owner(s) in order to establish liability. In a summary judgment motion, that onus remains with the Plaintiff. Shi has failed to establish that any of the other defendants owned the dog who bit him or are liable in some other way for the damages sustained from the bite. Shi has also failed to raise a genuine issue requiring a trial on damages. He has not tendered evidence to support any damages claim let alone the extravagant ones that he pleads.
The defendants relied on the release to relieve them from any liability from the dog bite. Her Honour did not find any evidence of coercion nor any lack of understanding on the part of the plaintiff. Motion dismissed with costs.
