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Bacon (Litigation Guardian of) v. Ryan |
The child plaintiff was bitten on the face by a pitbull owned by the defendants, requiring reconstructive surgery and two days hospitalization and causing permanent scarring. The dog had bitten the owner's young son two weeks earlier while he played near the dog's food dish'; they contemplated having the dog euthanized but decided against it. The plaintiff's mother had heard about the bite incident but brought her daughter of the same age as the owner's son to visit, placing her on the floor where the dog bit her shortly after. The judge held that the defendants knew of the dog's propensity to bite young children but kept it ''at their peril" (suggesting strict liability or scienter, which was not however mentioned); such fault was sufficient to make the owners 2/3 liable for the child's $12,000 plastic surgery costs, pain and mental anguish. The plaintiff's mother was held 1/ contributorily liable for letting her child visit and play on the floor near the dog, knowing of its propensity.
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Bates (Guardian of) v. Horkoff |
The child plaintiff was at her daycare under appropriate supervision while in the playground when she was bitten on the hand by a neighbouring German Shepherd. The dog squeezed through an unmended gap in the fence and bit the child while she was on the swings; daycare staff were not negligent in supervising the children. While the dog had no history of biting, it was excitable and barked aggressively towards strangers outside the yard; the fence was in poor repair, but the owner had not thought it necessary to use the secure dog run that existed on his property. he was found negligent for not better securing and supervising the dog.
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Beyond Humanity: New Frontiers in Animal Law |
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Brief Summary of Canada's Anti-Cruelty Laws |
This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. |
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Canada |
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Canada - Alberta - Alberta Statutes. Animal Protection Act |
This set of laws from Alberta, Canada comprises the Animal Protection Act. The Act states that no person shall permit or cause an animal to be in distress. Specifically, a person who owns or is in charge of an animal must ensure that the animal has adequate food and water, must provide the animal with adequate care when the animal is wounded or ill, and must provide the animal with reasonable protection from injurious heat or cold as well as adequate shelter, ventilation and space. A person who contravenes this Act is guilty of an offence and liable to a fine of not more than $20,000 in addition to restrictions on owning animals for a specified period of time. The Act also outlines the power of both peace officers to take animals in distress into their custody and humane societies to provide care for seized animals. |
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Canada - Alberta - Dangerous Dogs Act |
This set of laws comprises the Alberta, Canada Dangerous Dog Act. Under the Act, a justice may take a complaint that a dog has bitten or attempted to bite a person, or that a dog is dangerous and not kept under proper control. In either circumstance, if it appears to the justice that the dog ought to be destroyed, the justice shall direct a peace officer to destroy it. Additionally, a person who fails to comply with an order under this section is guilty of an offence and liable to a fine of not more than $5 for each day during which the person fails to comply with the order. |
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Canada - Alberta - Service Dogs Act |
This Alberta, Canada law provides that no person shall deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted, or discriminate against any person for the reason that the person is a disabled person accompanied by a service dog or a certified dog-trainer accompanied by a dog in training. The law goes into effect January of 2009. |
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Canada - B.C. - B.C. Statutes - Vancouver Charter. Part XIV -- Nuisances |
These British Columbia, Canada laws provide the laws for preventing, abating, and prohibiting nuisances, which include dangerous dogs. The laws describe what constitutes a dangerous dog and what actions may be taken with a dangerous dog. The set also contains provisions that allow for the creation of by-laws to control and impound animals. |
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Canada - British Columbia - Division 1 -- Regulation of Animals |
This set of British Columbia, Canada laws addresses animal control. The provisions give the animal control board the authority to regulate loose animals and licensing of dogs.
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