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Appeal Court: Punky a dangerous dog, must be euthanized

In the recent case of Santics v.  Vancouver (City) Animal Control Officer 2019 BCSC 24, the fate of Punky, an Australian cattle dog, was decided by the Supreme Court of British Columbia on an appeal from the lower court, the Provincial Court of British Columbia. The appeal concerned the fate of “Punky”, an Australian cattle dog.  By order pronounced July 25, 2018, the Honourable Judge W. Lee found that Punky is a “dangerous dog” within the meaning of section 324.1 of the Vancouver Charter, SBC 1953, c 55, and directed that he be euthanized.  The proceedings were brought after Punky...

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Shopping mall gate not inherently dangerous, no damages awarded

In the recent case of Powell v. 585562 B.C. Ltd. 2018 BCPC 19, on August 21, 2014 the Claimant suffered an unfortunate accident when she struck her head on the end of a large gate at the entrance to a covered parking area. The Claimant testified that she struck the end of the gate in the course of getting out of the way of an oncoming car that was entering the parking garage. The accident occurred on the premises of the Seven Oaks Mall in Abbotsford, B.C. The Defendant was the owner and operator of the mall. The Defendant denied...

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Inference of negligence applied: no evidence of VW Beetle

In the recent decision of Dorsett v. Sahib, 2018 BCSC 1884, the British Columbia Supreme Court, applied the law of “inference of negligence” to determine liability issues resulting from a motor vehicle accident. In certain cases, the court may draw an inference of negligence from all of the evidence both circumstantial and direct. If the inference is drawn and the defendant does not provide a non-negligent explanation, the plaintiff is successful. If the inference is not drawn, or if the defendant provides a non-negligent explanation, the plaintiff must prove negligence in the normal way. Where the trial judge does draw...

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Owner liable for attack: Wolf-dog hybrid a wild animal

In McLean v. Thompson, 2009 BCPC 415, the Claimant Marjorie McLean brought an action against the Defendants. She was bitten twice by a wolf-dog hybrid ("wolf hybrid") named Harley.  Harley was owned and kept as a pet by Tanya Thompson and Ryan Thompson ("the Thompsons"). The bites occurred on August 27, 2006, at the home of Raymond and Sharon Thompson ("the Thompsons Sr.") in Ashcroft, British Columbia. Raymond and Sharon Thompson are the parents of Ryan Thompson. The claim was brought on three grounds: that the Defendants are strictly liable in scienter for the injuries caused to the Claimant without...

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Owner of Vacant Land Awarded Punitive Damages for Trespass

In the recent decision of Stewart v. Phillips, 2018 BCSC 828, the plaintiff sought damages in nuisance, trespass and assault. The plaintiff also sought an injunction restraining the defendants from trespassing on her property. The plaintiff resided at 24810 Chief Lake Road, Prince George, British Columbia. The plaintiff was the registered owner of two pieces of property, the residential property (the “Stewart Property”) where her house was located and a vacant property (the “Vacant Property”). The defendants resided at 24680 Chief Lake Road, Prince George, British Columbia (the “Phillips Property”) which is situated between the Stewart Property and the Vacant...

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Ski resort negligent; waiver protects them from damages

Waiver - exclusion of liability

Would the waiver be upheld? That was the question. In the recent decision of Fillingham v. Big White Ski Resort Limited 2017 BCSC 1702, on March 4, 2013, a snowboarder, the plaintiff, Gary Colin Fillingham, was seriously injured (including a broken leg) after skiing along a trail at the Big White Ski Resort. The ski run had a rope line that often prevented unimpeded access to the short cut, but the snowboarder found the rope line to be open. The snowboarder tried taking the short cut, but recent snow removal by the ski resort resulted in a sheer 10-foot drop down...

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Brain-damaged MTBI accident victim an unreliable witness, still entitled to damages

In the recent decision of Gregg v. Ralen, 2018 BCSC 171, the plaintiff, Cody Gregg, claimed he suffered serious injuries including Mild Traumatic Brain Injury (MTBI) as a result of a motor vehicle accident. The plaintiff was riding as a passenger in a van driven by his uncle. The van was pulling an old flatbed trailer that held the plaintiff’s scooter. The trailer was struck from behind by a fully loaded semi-trailer truck weighing 65,000 pounds. The defendants admitted liability prior to trial. Therefore, the case proceeded for an assessment of damages. The defendants denied that the plaintiff suffered a MTBI or any...

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$80,000 Award for soft tissue injuries to neck and back

In the recently rendered decision of Senger v. Graham, 2018 BCSC 257, the plaintiff, a dental hygienist, was involved in a motor vehicle accident on August 6, 2014 in Nanaimo, B.C. The plaintiff was jolted forward then back on impact and suffered soft tissue injuries to her neck and back. Ms. Senger continued to work after the accident but not as much as she wanted to. Ms. Senger tried to be active although, as she testified, her injuries had put a limit on the activities she could do. She was once an avid equestrian but could not ride anymore. She...

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Loss in market value from selling home early due to crash not recoverable

In a recent decision, the British Columbia Supreme Court provided an opinion on whether an individual injured in a motor vehicle accident could claim as damages the difference in the sales price of a home and the appraised value of the home at the time of the trial. The plaintiff claimed he was forced to sell the family home as a result of his injuries and by the time of trial, the value of the home had increased by $239,000. In Mann v. Kathuria 2017 BCSC 2229, the plaintiff brought an action for damages for personal injuries sustained in a rear...

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