Claim Alleging “Emotional Injury” After Cat Attacks Dog Dismissed
Today BC’s Civil Resolution Tribunal published reasons for judgement dismissing a claim based on alleged emotional injury following a cat attack.
In today’s case (Kvinlaug v. Schuchort) the Applicant alleged that a cat owned by the Respondents attacked her dog. She argued “that she sustained emotional injury resulting from her dog being attacked“. The Tribunal dismissed the claim before even getting to a damages analysis on the basis that no liability could be proven under any of the known principles for fault following animal attacks.
In finding that cat attacks are fundamentally different than dog attacks under a negligence analysis Tribunal Member Sherelle Goodwin provided the following reasons: