Displaying 11 - 20 of 63
Title Citation Alternate Citation Summary Type
Canada - Ontario - Ontario Statutes - Animals for Research Act R.S.O. 1990, c. A.22 s.1 -

This set of laws comprises the Ontario Animals for Research Act. The law requires an operator to be licenced; the licence may be revoked or suspended where, among other things, the operator commits animal cruelty or neglect. Research facilities under this act are also subject to registration. Notably, the Act provides that every animal used in a registered research facility in any experiment that is likely to result in pain to the animal shall be anaesthetized so as to prevent the animal from suffering unnecessary pain. Further, the operator of a research facility shall provide analgesics adequate to prevent an animal from suffering unnecessary pain during the period of its recovery from any procedure used in an experiment.

Reece v. Edmonton (City) 335 DLR (4th) 600; 513 AR 199; [2011] CarswellAlta 1349; 530 WAC 199 This case dealt with the procedure the applicants used to get their claim heard by the court. The respondent City holds a licence under the Wildlife Act, R.S.A. 2000, c. W‑10 to operate a zoo, which houses a lone Asian elephant named Lucy. The appellants commenced this action by originating notice for an order. The chambers judge concluded that the proceedings were an abuse of process because a private litigant cannot seek a declaration that the respondent is in breach of a penal provision in a statute, namely that the elephant was kept in distress because of health concerns. Alternatively, he concluded that the application should have been brought by way of statement of claim, not originating notice. Further, the chambers judge concluded that the appellants had no private interest standing, and that there were barriers to them being awarded public interest standing. On appeal, the parties raised two issues: (1) whether the chambers judge erred in denying the appellants standing to seek a declaration; and (2) whether the chambers judge erred in concluding that the proceedings were an abuse of process. This court held that the chambers judge came to the correct conclusion that these proceedings are an abuse of process. APPEAL DISMISSED. Case
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.

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.

Canada - P.E.I. Statutes - Companion Animal Protection Act S.P.E.I. 2001, c. 4, s. 1 -

This set of laws comprises the Prince Edward Island (PEI) Companion Animal Protection Act. The object of this Act is to protect companion animals from abuse and neglect and to license and regulate the activities of companion animal establishments. Under the Act, no person shall wilfully cause a companion animal unnecessary pain, suffering or injury or permit it to be in distress. Any companion animal that is at large and or appears to be in distress may be caught and taken possession of by a person who is not the owner of the companion animal. Every person who fails to comply with this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $5,000.

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 $2 000 or to imprisonment for not more than 6 months, or to both.

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.

Canada - Saskatchewan - Dangerous Dog Law SS 2005, c M-36.1, 374-380

This set of Saskatchewan, Canada laws comprises the Dangerous Dog laws.

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.

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.