B.C.’s Civil Resolution Tribunal has ordered a canine proprietor to pay the proprietor of a euthanized cat $1,196 for vet charges after the person’s dogs attacked her pet.
Kelowna’s Miranda Dawn Maruschak mentioned her cat Tazz was put down after being attacked by two dogs, Rigsby and Gus.
Maruschak mentioned Jonathan Berry owns Rigsby and was chargeable for Gus on the time of the assault.
Berry, nevertheless, mentioned solely Gus attacked Tazz, and he was not accountable to cowl the veterinary payments as a result of he’s not Gus’s proprietor.
Tribunal member Leah Volkers mentioned in her Aug. 25 choice that it was undisputed that Tazz was attacked on Aug. 7, 2022.
Maruschak mentioned Tazz was first attacked on a patio, after which once more a second time in a yard.
“The parties dispute whether Tazz was also attacked by Rigsby,” Volkers mentioned.
Maruschak mentioned Gus is owned by L.B., one other tenant within the building she lives in.
Maruschak mentioned L.B. gave Berry possession and accountability for Gus whereas L.B. was away, and gave Berry entry to L.B.’s unit within the building to let Gus out.
Maruschak mentioned that earlier than the assault, Berry came visiting to the property with Rigsby to let Gus out.
Volkers discovered L.B. had particularly suggested Berry to maintain Gus on a leash.
And, Volkers discovered video proof of a part of the assault clearly confirmed neither Gus nor Rigsby had been leashed and had been unattended when Tazz was attacked.
Volkers discovered Berry was Gus’s keeper on the time of the assault making him akin to the canine’s proprietor.
“I find Mr. Berry breached the standard of care required,” Volkers mentioned. “I discover Mr. Berry was negligent in failing to maintain Gus leashed within the circumstances, and that failure resulted in Gus attacking Tazz, which finally resulted in Tazz being euthanized.
Volkers mentioned Maruschak was charged the $1,196 for placing Tazz down and likewise for cremation.
Volkers additionally ordered Berry to pay Maruschak plus pre-judgment curiosity and tribunal charges.
