Displaying 1 - 10 of 11
Titlesort descending Citation Alternate Citation Summary Type
Bacon (Litigation Guardian of) v. Ryan 1995 CarswellSask 540 [1996] 3 W.W.R. 215, 27 C.C.L.T. (2d) 308, 138 Sask. R. 297

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.

Bates (Guardian of) v. Horkoff 1991 CarswellAlta 229 84 Alta. L.R. (2d) 236, 119 A.R. 270

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.

Fisher v. Liptak 1996CarswellAlta33

Two pet llamas owned by the plaintiff Fisher were attacked on two separate occasions by dogs, including by a dog owned by the defendant Liptak, causing the death of one llama and, two weeks later, injury to the second llama. After the first attack, Liptak's dog returned covered with saliva and blood, although it had no bleeding wounds; he suspected the dog had been in a fight or attack but did not investigate. His dog was later discovered injuring the second llama. The court ruled that Liptak's finding indications of  the first attack put him on notice that the dog had a 'vicious or mischievous propensity to attack other animals,' sufficient to make him strictly liable under the doctrine of scienter, for the second llama's injuries, but not for the first, for which Liptak lacked the requisite knowledge. Similarly, Liptak was not liable in negligence in the first attack, since in that rural area all the local owners let their dogs run at large and Liptak had no prior reason to suspect his dog would attack; the judge did not discuss whether Liptak was liable in negligence for the second attack.

Janota-Bzowska v. Lewis 1997CarswellBC1957 96 B.C.A.C. 70, 155 W.A.C. 70, 43 B.C.L.R. (3d) 352, [1997] B.C.J. No. 2053

The respondent Janota-Bzowska was an invited guest at the home of the appellant Lewises, where another guest (appellant Holtzman) had tied his Labrador dog outside; the dog lunged at the respondent, causing her to fall and break her finger. A trial court earlier found both dog-owner and home-owners liable to Janota-Bzowska under the doctrines of scienter (strict liabilty) and negligence. On appeal, the court held that there was insufficient evidence to establish that the dog had a propensity to lunge at people, or that the owner knew of such propensity, although the dog was known to chase deer. However, this was not sufficient to allow recovery under scienter. On the issue of negligence, the court also held that the dog's behaviour being 'unexpected and out of character' showed no suggestion of a risk for which the owner had failed to take reasonable precautions, so there was no negligence shown.

McAllister v. Wiegand 2009CarswellOnt189

The plaintiff, a 55-year old woman and recent acquaintance of the defendants, was bitten on the cheek by the defendant's bull mastiff dog, resulting in a spreading infection and loss of all her teeth. The plaintiff was an invited guest in the defendant's home where she had been on 3-4 prior occasions. There was a question over whether the incident arose when the plaintiff startled the dog from sleep by petting it while bending over it, or whether the dog had just awakened when it was petted and bit her. The court found that dog and plaintiff were familiar with each other and there was nothing provocative that should have caused the dog to retaliate. Thus according to Ontario's Dog Owner Liability Act, where owners are strictly or absolutely liable for their dogs' injuries to others, the defendants were strictly liable to the plaintiff for her injuries.

Morsillo v. Migliano 1985 CarswellOnt 786 13 C.C.L.I. 1, 52 O.R. (2d) 319, 32 A.C.W.S. (2d) 207

The child plaintiff Morsillo was attacked and bitten by a neighbour's pet German Shepherd, which tended to 'bark savagely' at local children, had bitten once before, and was kept in a secure fenced yard and only taken out on a leash and choke-chain. The boy was playing cops and robbers with the owner's son on the owner's front lawn, while the owner's teenaged daughter was taking the leashed dog to the garage, when it escaped and attacked. No provocation of the dog was proven so the owners were found strictly liable under the Dog Owner's Liability Act (which abrogates scienter in that province) and also liable in negligence, with no contributory negligence by the plaintiff; the provincial Ontario Health Insurance Plan was entitled to recover the costs of the plaintiff's care from the defendants.

Prasad v. Wepruk 2004CarswellBC946 2004 BCSC 578

Plaintiff Prasad, an elderly newpaper-deliverer, was attacked in the street by defendant owner Wepruk's usually chained guard-dog, which escaped due to a rusted chain. The court found the defendant strictly liable under the doctrine of scienter's subjective test: he knew the dog was aggressive, but kept it anyway and it harmed Prasad. He was also liable under the objective test for negligence, for not taking reasonable precautions to ensure the dog's chain was in good repair, in order to prevent foreseeable harm to others.  damages of $35,000 were awarded for Prasad's injuries and lost future earnings.

R. v. Baird 1994 CarswellNWT 58

The defendant, George Baird, was charged on indictment that he caused bodily harm to Amelia Debogorski by criminal negligence stemming from his keeping of dangerous dogs. While the dogs self-evidently proved to be highly dangerous to the victim, there was little evidence of their prior dangerous intent simply because they ran at large. As a result, the court then found that there was reasonable doubt whether the danger was known and recognized by Mr. Baird prior to the attack. The court found that there insufficient proof to find that Baird acted with "wanton and reckless disregard for the lives or safety of other persons.” The court also observed that while there may or may not have been civil negligence, this was not enough to sustain a conviction for criminal negligence.

Richard v. Hoban 1970CarswellNB126 3 N.B.R. (2d) 81, 16 D.L.R. (3d) 679

The child plaintiff was attacked and bitten by a chained German Shepherd after she put her arm around the dog's neck to hug or play with it; she sustained scarring lacerations of her head, cheek and eyelid that required 5 days' hospitalization after plastic surgery. The trial judge earlier held that because the dog, had two months previously, bitten a young boy on the face and ear in an unprovoked attack, the owner had prior knowledge of the dog's propensity to bite children, yet he kept the dog regardless. The owner was thus strictly liable under the doctrine of scienter. The Court of Appeal reversed this holding, with two judges finding that the boy in the earlier attack had been injured accidentally by the dog's dew-claw, rather than being bitten, so that there was insufficient notice to the dog's owner of any vicious propensity; thus he was not strictly liable in scienter.

Shelvey v. Bicknell 1996CarswellBC1131

Both plaintiff (appellant) Shelvey and the defendant (respondent) dog owners were guests of an unnamed third party at that party's beach cabin, where the defendants left their Rottweiler unrestrained on the cabin's deck overnight. The friendly dog jumped over the deck railing to follow the plaintiff to the beach where she was walking; the large, energetic dog bumped her legs while playfully chasing a seagull, knocking her down and leaving her unconscious. The dog had previously knocked its owner and a child down at one time due to its large size and weight. A trial judge earlier found that the defendant owners were not liable to the plaintiff in negligence as the freak accident was not reasonably foreseeable; the Court of Appeal concurred, finding no negligence. Scienter was not argued or discussed at either level.