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Title Citation Alternate Citation Agency Citation Summary Type
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
Canada - Saskatchewan - The Animal Protection Act S.S. 1999, c. A-21.1, s. 1 - 28

This set of laws comprises the Saskatchewan Animal Protection Act. Under the Act, no person responsible for an animal shall cause or permit the animal to be or to continue to be in distress. 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 months 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. Section 20 of the Act outlines the provisions relating to damage or injury done by dogs.

Statute
Canada - New Brunswick Provincial Dog Regulations - N.B. Reg. 84-85 Agency Citation

In this province the main legislation governing dog husbandry and the penalties for dog misbehaviour or running at large are in the form of regulations pursuant to the provincial Municipalities Act.

Administrative
Canada - New Brunswick Statutes - Society for the Prevention of Cruelty to Animals Act R.S.N.B. 1973, c. S-12, s. 0.1 - 32(2)

This set of laws establishes the New Brunswick Society for the Prevention of Cruelty. Under the Act, the Minister may appoint an officer, agent or employee of the society or any other person to be an animal protection officer who shall attend to the enforcement of this Act. Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner. A person who has ownership, possession or the care and control of an animal shall provide the animal with food, water, shelter and care in accordance with the regulations.

Statute
Montier v. Hall 2002 CarswellAlta 156 2002 ABQB 70, 314 A.R. 299

This is a Provincial Court Civil Claims appeal from an award to plaintiffs/respondents for $865.00 in veterinary expenses as against defendant/appellant. This matter arose out of the sale of a black female Belgian Sheepdog that was eventually euthanized by the respondents at four months of age, two months after it was purchased due to serious hereditary defects. The purchase agreement signed by respondents warranted the puppy against serious hereditary defects or illness until 25 months of age, but limited the damages to replacement of the puppy with another puppy. In affirming the award of damages, this court found that the contract does not specifically exclude compensation for veterinary expenses or for consequential damages; hence, it does not exclude liability by the supplier for the purchaser's veterinary expenses incurred as a result the defective dog.

Case
Canada - Federal Cruelty to Animals Canada R.S.C. 1985, c. C46

This section of the criminal code is the national anti-cruelty law for Canada.

Statute
Canada - Newfoundland and Labrador Statutes - Animal Health and Protection Act SNL 2010, c A-9.1

This act replaces the Newfoundland and Labrador Animal Protection Act, Dog Act, Heritage Animals Act, Livestock Act, Livestock Health Act and the Poultry and Poultry Products Act. Anyone convicted of animal cruelty or neglect may face up to $50,000 in fines or six-months jail time; a person may also face a lifetime ban on owning an animal. The text consists of 82 sections divided into 10 Parts, which include: Animal health (I); Animal protection (II); Nuisance animal (III); Heritage animals (IV); Licensing (V); Regulation and fees (VI); Inspector’s power (VII); Offences and penalties (VIII); General (IX); Repeal and commencement (X).

Statute
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
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.

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

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