Bowles v. Wilton

Bowles v. Wilton

Section 197 eliminates the requirement to prove scienter, imposing a form of strict liability on dog owners for mischievous attacks while allowing defenses such as contributory negligence; applying that rule, the defendant is liable for the damage to the claimant's dog but the claimant's failure to leash her dog merits a 50% apportionment, resulting in an award of $750.00 to the claimant.

Citation
2018 NSSM 55
Parties
Claimant: Sabrina Bowles; Defendant: Lisa Wilton
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 August 2018
Procedural Posture
Small Claims Court Dog Bite / Animal Attack / Decision (reasons for Decision)
Outcome
Claim allowed in part; defendant held liable but claimant found 50% contributorily negligent; partial damages awarded to claimant.
Legal Topics
Strict Liability for Dog Attacks, Statutory Interpretation of S.197 HRM Charter, Contributory Negligence, Damages for Veterinary Expenses
Source Language
English
Torts Municipal Law Animal Law Civil Liability Strict Liability for Dog Attacks Statutory Interpretation of S.197 HRM Charter Contributory Negligence Damages for Veterinary Expenses

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Parties

Sabrina Bowles

Claimant

Lisa Wilton

Defendant

Procedural Posture

Small Claims Court Dog Bite / Animal Attack / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether s.197 of the Halifax Regional Municipality Charter removes the requirement to prove scienter and thus imposes a form of strict liability on dog owners
  2. 2 Whether the defendant is civilly liable for injuries caused by her dog in this incident
  3. 3 Whether the claimant's conduct (allowing her dog off-leash) constitutes contributory negligence and what apportionment is appropriate

Ratio Decidendi

Section 197 eliminates the requirement to prove scienter, imposing a form of strict liability on dog owners for mischievous attacks while allowing defenses such as contributory negligence; applying that rule, the defendant is liable for the damage to the claimant's dog but the claimant's failure to leash her dog merits a 50% apportionment, resulting in an award of $750.00 to the claimant.

Court Disposition

Claim allowed in part; defendant held liable but claimant found 50% contributorily negligent; partial damages awarded to claimant.

Orders

  • Defendant to pay Claimant $750.00 (one-half of proved veterinary costs plus additional sum to reach $750.00)