Animal Law

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OVERVIEW

Animal law is a specialized area of legal practice involving animals and the people who interact with them. At McCague Borlack LLP, we have a group of lawyers with unique skills providing expertise in this rapidly evolving area of the law.

SERVICES

Our firm's Animal Law Practice Group provides expertise and experience in a broad range of risk management, litigation, and dispute resolution services, including:

1. Liability Issues

  • Death or injury caused by or to pets, horses, or livestock
  • Mortality, morbidity, surgical intervention, and euthanasia issues
  • Occupiers' liability
  • kennel liability
  • Product liability
  • Feed, drug, and toxicology liability
  • Pet adoption and foster care issues
  • Fisheries and fish farm exposures

2. Professional Liability Issues

  • Malpractice claims involving veterinarians, animal health technicians, and veterinary clinics
  • Equestrian coaches
  • Racehorse trainers
  • Pet groomers

3. Regulatory Matters

  • College of Veterinarians of Ontario
  • Ontario Society for the Prevention of Cruelty of Animals
  • Animal Care Review Board
  • Ontario Racing Commission
  • Animals for Research Act
  • Canadian Council on Animal Care
  • Municipal by-law issues

4. Insurance Coverage

  • Liability and professional services coverage
  • Policy, endorsement, exclusion, and competing wordings interpretation and dispute resolution

5. Horse Racing

  • Racing, purchase and sale, and breeding agreements
  • Ontario Racing Commission matters, including licensing issues
  • Death or injury claims
  • Syndication disputes

6. Riding and Boarding Stable Exposures

  • Injuries to riders or horses
  • Riding lesson agreements, including waivers and releases
  • Horse purchase and sale agreements
  • Boarding stable agreements, including liens
  • Riding Horse Safety Act issues

 7. Farming and Animal Husbandry Issues

  • Livestock liability and property claims
  • Farm business claims
  • Bloodstock issues
  • Equipment failures
  • Feed contamination
  • Environmental liability, including noise, air, soil, and water contamination
  • Artificial fertilizer and pesticide issues
  • Fire safety and compliance

8. Animal Research

  • Animal research facilities and Animals for Research Act issues
  • Animal welfare and ethical concerns
  • Media training
  • Liaison with regulators, including provincial inspectors and the Canadian Council on Animal Care
  • Policy development
  • Import/export of research animals
  • Employment issues

9. Transportation

  • Claims involving transportation of horses or livestock by road, air, and water
  • International transportation of animals, including regulatory and import/export requirements

10. Workplace Safety

  • Workplace Safety and Insurance Board claims
  • Occupational Health and Safety Act issues

11. Employment

  • Employment contracts for employees of veterinary clinics, riding and boarding stables, racing operations, and farms
  • Employment Standards Act, wrongful dismissal, and constructive dismissal issues for employers
  • Human rights issues, including hiring, duty to accommodate, harassment, and termination

12. Family law

  • Custody and ownership disputes involving pets
  • Visitation rights involving pets

13. Media relations and crisis planning

  • Provide training and assistance to persons or institutions facing emotionally charged issues involving animals
  • Dealing with the media
  • Preparation of press releases

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FIRM CASES

Abrams v. Aviva Insurance Co. of Canada (June 26, 2009), FSCO P08-00027 (Blackman)

PUBLICATIONS

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Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.

A costs rules original Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05

In order to protect limitation periods, especially in cases where liability is yet to be determined, there is an obligation on counsel to identify, name, and pursue all parties who may be liable to the plaintiff(s). However, as the discovery process begins, parties often become aware that they have added in a party that will bear no liability to the plaintiff(s). Often, parties are able to consent to a dismissal or discontinuance without costs; however, there are cases in which defendant(s) will not go out without costs. In these cases, parties can move for a ruling under Rule 23.05...

A rule cp original All-Inclusive and Without Costs Rule 49 Offers

In 1985, Rule 49 of the Rules of Civil Procedure was introduced to encourage parties to make and accept reasonable offers to settle. This has had the effect of discouraging parties from delaying the judicial process and increasing costs unnecessarily. Rule 49 has had a considerable effect on litigants by virtue of the risk of a large costs award following trial.

To trigger the cost consequences under Rule 49, an offer must meet strict requirements: