Results
| Title |
Author |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| 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. |
Case | |
| Canada - Ontario - Dog Owners' Liability Act | R.S.O. 1990, c. D.16, s. 1 - 20(4) | This Ontario, Canada set of laws comprises the Dog Owners' Liability Act. The main thrust of the law is to establish that an owner is liable for damages if his or her dog bites or attacks another person or domestic animal. Proceedings may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that the dog attacked or bitten another person or domestic animal, or if the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals. A court may then order the destruction of the dog, or measures for more effective control of the dog (leash restraint, muzzling, etc.). The Act also bans the owning, breeding, importing, or transferring of pit bull dogs in Ontario, save for dogs grandfathered in before the Act took effect in 2005 (then the dog is a "restricted pit bull" subject to further laws). | Statute | ||
| Canada - Newfoundland and Labrador Statutes - Dog Act(Repealed) | R.S.N. 1990, c. D-26, s. 1 - 15(2)(Repealed) |
This act was replaced by the Animal Health and Protection Act in 2010. This set of laws comprises the Newfoundland and Labrador Dog Act. Under the Act, an owner of a dog must keep it safely tethered or penned up at all times unless on a leash, herding sheep, or hunting with an owner. The minister may in writing authorize a person to destroy dogs found at large in the province. Notably, a person shall not bring into or keep on the island a dog either wholly or partly of the breed native to Labrador, commonly known as Eskimo or Husky, unless he or she has obtained a permit. A person who contravenes this Act or accompanying regulations is guilty of an offence. |
Statute | ||
| R v D.L. | R. v. D.L., 1999 ABPC 41 | In R v D.L. (1999 ABPC 41) the phrase “wilfully and without lawful excuse” found in s.446 was at issue. In this case, two individuals were charged under s. 445(a) s.446 (1)(a) for killing a cat after the cats’ owner told them to “get rid of it” which they took to mean kill it. The judge in this case found that having permission to kill an animal was not a sufficient “lawful excuse” and did not lawfully give the authority to cause unnecessary pain and suffering to the animal. The accused was found not guilty on count 1 and guilty on count 2. | Case | ||
| Canadian Animal Anti-Cruelty Legislation | Charles Hall | Animal Legal & Historical Center |
This paper examines the substance and history of animal anti-cruelty law in Canada. In doing so, it discusses the controversy surrounding the last amendments to the existing law (Bill C-50) introduced in parliament last year. |
Article | |
| Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States | Sarah R. Morgan | Animal Legal and Historical Web Center |
This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats. |
Article | |
| Brief Summary of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. | Article | |
| Canada's Anti-Cruelty Laws | Jessica Pask |
Brief Summary of Canada's Anti-Cruelty Laws |
Topical Introduction | ||
| Overview of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. | Article | |
| Detailed Discussion of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. | Article |
