Results
Title | Citation | Alternate Citation | Summary | Type |
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Canada - Manitoba Statutes. The Animal Care Act | S.M. 1996, c. 69 [C.C.S.M., A84] |
The Manitoba Animal Care Act sets out the requirements for animals in an owner's care. The Act allows animal protection officers to assist animals in distress. A person who contravenes any provision of this Act is guilty of an offence and is liable to a fine of not more than $5,000. for a first offence and not more than $10,000. for a subsequent offence, or to imprisonment for a term of not more than six months, or both. |
Statute | |
R v. Menard | R v. Menard 1978 CarswellQue 25 | R v. Menard (1978) 43 C.C.C. (2d) 458 | The accused in R v. Menard had a business euthanizing animals by use of motor exhaust which caused pain and burns to the mucous membranes of the animals he was euthanizing. In a decision written by future Canadian Supreme Court Chief Justice, Lamer J. overturned a decision from the lower courts and reinstated the original conviction. Lamer J. statements about the animal-human relationship have been influential in Canadian Animal case law. | Case |
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. |
Case |
Canada - British Columbia - Prevention of Cruelty to Animals Act | R.S.B.C. 1996, c. 372, s. 1 - 26(4) | This set of British Columbia, Canada laws establishes the guidelines for establishment of individual chapters of The British Columbia Society for the Prevention of Cruelty to Animals. The laws allow these societies to relieve animals in "distress" as defined by law. A person who wilfully or knowingly interferes with or obstructs a person in the discharge of duties or the exercise of powers under this Act commits an offence punishable by a fine of not more than $2000 or to imprisonment for not more than 6 months, or to both. | Statute | |
Canada - Alberta - Alberta Statutes. Animal Protection Act | R.S.A. 2000, c. A-41, s. 1 | 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. | Statute | |
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. |
Case | |
Canada - Yukon Statutes. Animal Protection Act | R.S.Y. 2002, c. 6, s. 1 - 14 | This set of laws comprises the Yukon, Canada Animal Protection Act. The Act provides that no person shall cause or allow an animal to be in distress. Any person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine of not more than $500 and, in default of payment, to imprisonment up to six months, or to both fine and imprisonment. A judge may also prohibit a person convicted of an offence under the Act from owning an animal or from having charge of an animal for any specified time period. The Act also outlines the power of peace officers to seize animals in distress as well as those powers of humane societies to provide care for such animals. | Statute | |
Canada - Alberta - Service Dogs Act | S.A. 2007, c. S-7.5 | 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. | Statute | |
Xu v. Chen | 2008 CarswellBC 1693 | 2008 BCPC 234 |
The Claimant's six-month old sheltie puppy, "Diamond,” suffered a serious limb injury outside the front yard of the family home. Claimant seeks to recover the veterinarian costs she incurred to treat the dog's injury against Defendants, the owners of the other dog that allegedly attacked claimant’s dog. The court found that there was evidence that Defendant was previously contacted by Animal Control as well as a neighbor about an incident where Angus lunged at another dog. The Claimant has established, on a balance of probabilities, that Angus had manifested a propensity to cause the type of harm occasioned that night. Claimant was 25% liable for the incident where she left Diamond in an unfenced yard that gave other dogs access. The court denied Xu’s claim of $5500 for future medical costs for the care of Diamond because there was no evidence what these would be and the dog was currently living with another family. |
Case |
Canada - Saskatchewan - The Animal Protection Act | Chapter A-21.2 of the Statutes of Saskatchewan, 2018 | This set of laws comprises the Saskatchewan Animal Protection Act, which was amended in 2018. Under the Act, no person responsible for an animal shall cause or permit the animal to be or to continue to be in distress. An animal can be in distress if it is deprived of sufficient food, water, shelter, or veterinary care/medical attention, or kept in unsafe or unsanitary conditions, among other things. The Act also outlines the powers of humane societies to rescue animals in distress and then sell, give away, or euthanize such animals if the owners cannot be located. A person who contravenes the Act is guilty of an offence with a fine of not more than $25,000, to imprisonment for not more than two years or to both for a first offence. Further, in addition to any other penalty imposed, if a person responsible for an animal is found guilty, the court may make an order prohibiting that person from owning or having custody or control of any animal for a period specified by the court. Part 3 (sections 28 to 31) of the Act outlines the provisions relating to damage or injury done by dogs and Part 4 (sections 32 to 34) deals with protections for service animals. | Statute |