Pittman v. Morin

Pittman v. Morin

The goat was characterized as wild by nature or at least treated as such due to propensity to cause disturbance; none of the defendant's asserted defences applied; therefore the owner is strictly liable for the damage to the claimant's vehicle and damages were awarded, reduced to reflect scope of door damage and rental period uncertainty.

Citation
2010 NSSM 56
Parties
Claimant: CHRISTINE LEIGH PITTMAN; Defendant: Dennis Morin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 September 2010
Procedural Posture
Small Claims Court / Hearing and Oral Decision
Outcome
Judgment for claimant; defendant liable for damages.
Legal Topics
Strict Liability for Animals, Classification of Animals (ferae Naturae Vs Mansuetae Naturae), Defences to Strict Liability, Assessment of Damages
Source Language
English
Tort Animal Law Property Damage Civil Procedure Strict Liability for Animals Classification of Animals (ferae Naturae Vs Mansuetae Naturae) Defences to Strict Liability Assessment of Damages

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Parties

CHRISTINE LEIGH PITTMAN

Claimant

Dennis Morin

Defendant

Procedural Posture

Small Claims Court / Hearing and Oral Decision

Legal Issues

  1. 1 Whether the defendant is liable for damage caused by his goat
  2. 2 Whether the goat is classified as wild by nature or domesticated for liability purposes
  3. 3 Whether any statutory or common law defences apply

Ratio Decidendi

The goat was characterized as wild by nature or at least treated as such due to propensity to cause disturbance; none of the defendant's asserted defences applied; therefore the owner is strictly liable for the damage to the claimant's vehicle and damages were awarded, reduced to reflect scope of door damage and rental period uncertainty.

Court Disposition

Judgment for claimant; defendant liable for damages.

Orders

  • Defendant to pay $1235.66 for car repairs
  • Defendant to pay $104.85 for car rental