Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Feral Cats | Tony LaCroix |
Brief Summary of Feral Cat Population Issues
|
Topical Introduction | ||
| Ferguson v. Birchmount Boarding Kennels Ltd. | 2006 CarswellOnt 399 | 207 O.A.C. 98, 79 O.R. (3d) 681 |
In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape. |
Case | |
| Fido Seeks Full Membership in the Family: Dismantling the Property Classification of Companion Animals by Statute | Elizabeth Paek | 25 U. Hawai’i L. Rev. 481 (2003) |
This paper proposes that various state legislatures should progressively dismantle the property classification of companion animals by enacting statutes permitting animal guardians recovery for non-economic damages in torts, and requiring courts to apply the "best interests of the pet" standard in custody and visitation disputes. Section II of this paper sets forth the conflict between the social and legal views of companion animals, and the historical evidence supporting each. Section III analyzes court opinions that treat companion animals as property and illustrates how the conflicting views of companion animals are manifested in case law. Section IV identifies the current trend in court decisions and legislative actions suggesting that both judges and legislators acknowledge companion animals as more than property. |
Article | |
| Fifteen Volumes of Animal Law | Laura Cadiz | 15 Animal L. 1 (2008) |
This article celebrates the fifteenth volume of the Animal Law Review based at Lewis & Clark Law School by discussing the journal's history and development. |
Article | |
| Finding Our Voice: Challenges and Opportunities For The Animal Law Community | Pamela D. Frasch | 14 Animal Law 1 (2007) |
In this introduction to Volume 14 of Animal Law, the author reflects on the progress of the animal law movement. |
Article | |
| Finding the Balance: The Environmental Policies of a State's Department of Natural Resources or Department of Game and Fish | Dan Holwerda | Animal Legal & Historical Center |
This discussion explores the apparent conflict of interests between pro-hunting and anti-hunting advocates in the management of state natural resources by state agencies. Section one describes the history of the Pittman-Robertson Act and its effects on how States implement their environmental policies. Section two describes how it appears that each State’s Department of Natural Resources or Department of Game and Fish caters only to the hunter in designating and implementing its environmental policies. Section three discusses the “intelligible principle” and its application in all the above-mentioned states. Specifically, the section will discuss how some anti-hunting organizations and other environmental organizations, which may or may not be anti-hunting, attempt to show that a state legislature has unconstitutionally delegated its authority to its Department of Natural Resources or Department of Game and Fish in order to show that the current system of determining and implementing state environmental policies is null and void. Finally, section four describes how the environmental policy interest of hunters is really the same as other (non-hunting) pro-environment/natural resource groups. |
Article | |
| Finland - Animal Welfare Act | (247/1996, amendments up to 1430/2006 included) | The objective of the Finnish Animal Welfare Act is to protect animals from distress, pain and suffering in the best possible way. Another objective is to promote the welfare and good treatment of animals. In meeting these objectives, the Act prohibits inflicting undue pain and distress on animals; what is considered undue pain and distress is discussed by decree. The act also contains special provisions concerning hunting, keeping wild animals in zoos, fishing, veterinary medication, animal breeding, artificial propagation of animals, animal testing on vertebrates, animal transportation, gene technology and nature conservation. | Statute | ||
| Finland - Animal Welfare Decree | (396/1996, amendments up to 401/2006 included) | The Finnish Animal Welfare Decree intreprets certain sections of the Finnish Animal Welfare Act. It also contains provisions on animal premises, outdoor raising of animals for food production, care and treatment of animals, tying animals, breeding, food production, and killing animals. | Statute | ||
| Finn v. Anderson | 64 Misc. 3d 273, 101 N.Y.S.3d 825 (N.Y. City Ct. 2019) | 2019 WL 1984091 (N.Y. City Ct. Apr. 30, 2019) | This replevin action concerns ownership of an "indoor/outdoor" cat named "Sylvester" or "Marshmallow," depending on perspective. In September 2018, plaintiffs found an unidentified, thin, white cat hanging around their house looking for food. After several months of feeding the cat, in January 2019, plaintiffs decided to bring the cat inside and take it to a vet, where he was de-wormed, vaccinated, treated for fleas, microchipped, and dubbed "Sylvester." A few weeks later, Sylvester accidentally got out of plaintiff's house where plaintiff found out from a neighbor that the cat was taken back by the Defendant, who claimed that Sylvester is actually "Marshmallow" and had been plaintiff's indoor/outdoor cat since 2009. Plaintiff then filed a replevin action against defendant to recover legal possession of Sylvester, aka Marshmallow. The City Court, New York, Jamestown, Chautauqua County first noted that, regardless of how people feel about their dogs and cats, New York law treats them as personal property and even "chattel." While the court observed that the trend has been the "de-chattelization" of household pets in New York, it has not gone so far as to adopt a "best interests" standard to replace the superior possessory rights standard. The court noted that there is inherent difficulty in applying a best interests standard with pets because there is no practical way of gauging a pet's feelings and assessing its interests. The court further stated that New York Courts have developed a “quasi-interests based standard” for pets that considers highly subjective factors. Significantly, the court declared the following: "[w]hile it appears the Appellate Division, Fourth Department, has not addressed the issue, this Court concludes that it is time to declare that a pet should no longer be considered “personal property” like a table or car." Thus, using a "best for all concerned" articulated in Raymond v. Lachmann in 1999, this court weighed the factors whether to place Sylvester/Marshmallow with plaintiff or defendant based on the care provided by both parties. The court found, in a very close decision, that the “best interests of all concerned” test leaves the custody of the cat, Sylvester/Marshmallow, with the defendant. While the court was convinced that plaintiffs were genuinely concerned for Sylvester's/Marshmallow's welfare and spent time and money on his care, it appears that Sylvester/Marshmallow may have “voted with his feet” to return to his home of ten years with the defendant and her children. The Court found in favor of the defendant, and plaintiff's claim was dismissed. | Case | |
| Fiori v. Conway Org. | 746 N.Y.S.2d 747 (2001) | 192 Misc.2d 408, 2001 N.Y. Slip Op. 21577 |
In this New York case, a customer brought a negligence action against the owner of a retail store after she was allegedly attacked by a stray cat while shopping at store. The owner of the store moved for summary judgment. The Civil Court of the City of New York, Bronx County, held that a genuine issue of material fact existed as to whether the presence of a stray or feral cat in a retail store constituted a particular danger for unassuming visitors and/or customers whose presence on premises was foreseeable precluded summary judgment. |
Case |
