Nickerson v. Van Norden

Nickerson v. Van Norden

Section 197 removes the need to prove scienter but does not impose strict liability; plaintiff must still prove negligence or failure to reasonably control the dog, and in the absence of evidence of negligence the claim must be dismissed.

Source-derived case information.

Citation
2017 NSSM 47
Parties
Claimant: Tammy Nickerson; Defendant: Alexandra Van Norden; Defendant: Ryan Foss
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 September 2017
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed
Legal Topics
Dog Bite, Statutory Proof, Scienter, Strict Liability, Damages
Source Language
english
Tort Negligence Animal Law Municipal Statute Dog Bite Statutory Proof Scienter Strict Liability +1 more

Source-derived case record

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Parties

Tammy Nickerson

Claimant

Alexandra Van Norden

Defendant

Ryan Foss

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether s.197 of the Halifax Regional Municipality Charter eliminates the need to prove scienter (owner's knowledge of vicious propensity) or creates strict liability
  2. 2 Whether an owner is liable for injury to another dog absent evidence of negligence or prior vicious propensity

Ratio Decidendi

Section 197 removes the need to prove scienter but does not impose strict liability; plaintiff must still prove negligence or failure to reasonably control the dog, and in the absence of evidence of negligence the claim must be dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • No damages awarded