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The Court of Appeal held that a hired dog walker in physical possession and control of a dog before an attack was an “owner” under the Dog Owners’ Liability Act.
The Ontario Court of Appeal dismissed an appeal from summary judgment in a dog-bite case, finding no agency basis for vicarious liability and no statutory owner liability.
Action dismissed because plaintiff failed to prove on a balance of probabilities that defendant was owner or keeper, that the dog manifested a propensity to bite people, or that defendant knew of any such propensity; accordingly negligence and occupiers' liability were not established as the attack was not foreseeable.
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The court granted the claimant interim ownership and possession of Charlie, a golden retriever, after weighing Family Law Act factors and rejecting the respondent’s unilateral removal.
The Federal Court upheld three Health of Animals Act orders creating an import ban on commercial dogs from high-risk rabies countries and dismissed the judicial review.
Appeal from an interim companion-animal possession order dismissed. The court upheld refusal to move King from the respondent’s care pending trial.
Claim dismissed because claimant failed to prove liability on a balance of probabilities: the defendant reasonably perceived a threat from the cat in a confined space, used non‑excessive force to push it away, and the eye injury was accidental and not the result of intentional or unreasonable conduct.
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Interim possession of a dog was refused under the Family Law Act. The court found a prima facie spousal case and jurisdiction, but the factors favoured the respondent.
The defendants breached the standard of care by failing to ensure an appropriately sized endotracheal tube and by not obtaining informed consent once the defect was discovered, but the claimants failed to prove that those breaches caused Ellie’s death; therefore recovery is limited to the contractual/professional service breach and permitted emotional damages, with the remainder of the negligence claim and claims against other defendants dismissed.
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Judicial review of an aggressive-dog designation was dismissed. The Court found the District’s decisions reasonable and the process procedurally fair.
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