How much does a dog bite cost?

$15,127.89 plus court costs, at least in Malig v. Kaur, 2018 ABQB 569.

Mr. Malig was contracted by the owners of a property to remove waste from their backyard. When he entered the yard to view the waste, he was attacked by a large German shepherd and suffered several dog bites requiring stitches.

The case analyses both the statutory duty of care under the Occupiers’ Liability Act and the common law duty of care based on principles of negligence. Mr. Malig was awarded $15,000 for general damages and $127.89 for special damages.

Unfortunately, the dog was given a death sentence.

h/t “What’s hot on CanLII”

Distracted Driving and Disabling Technology

A recent decision from the British Columbia Provincial Court acquitted a driver of using a cellphone while driving. Vancouver Island police were conducting a cellphone and seatbelt safety campaign when they charged a driver with using a cellphone while driving. The driver had been informed by his employer that his cellphone had been equipped with software that disabled it from functioning when it was in a vehicle in motion. At the time he was charged, he had moved it from the passenger seat beside him to the dashboard.

The judge considered the term “use” in both the Motor Vehicles Act and the Use of Electronic Devices While Driving Regulation. Every jurisdiction has its own distracted driving law, so the facts of this case may not be applicable elsewhere.

R. v. Tannhauser, 2018 BCPC 183

h/t What’s hot on CanLII this week.

 

Upcoming CPD Opportunities

It’s your last chance for Law Society of Manitoba summer replays. Programs you may have meant to attend earlier in the year are now available for viewing at the law society’s new offices at 200 – 260 St. Mary Avenue. Register here.

The Manitoba Bar Association Family Law Section’s program “New Model for Scheduling and Case Flow Management” on August 23rd is full for in-person attendance, however, webinar registration is still available. The Court of Queen’s Bench Family Division will be introducing a New Model for Scheduling and Case Flow Management in respect of Non-Child Protection matters. Scheduling under the new model is anticipated to commence September 2018 with this then to be implemented and published in the circulated 2019 rotas.

Annual Rural Bar programs are also accepting registration. The Central Bar Annual CPD will take place in Portage La Prairie on August 24th. The first presentation will be on real estate conveyancing with a focus on trust conditions. The second presentation will be on the proposed federal Bill C-46 amendments to the transportation provisions in the Criminal Code, primarily focusing on drug-impaired driving. This is in anticipation of the legalization of marijuana under the federal Cannabis Act.

The Western Bar Annual CPD will take place at Elkhorn Resort and Conference Centre in Clear Lake, on September 7th. This presentation will focus on the important topic of diversity and inclusion.

Holiday Hours – Terry Fox Day

This Monday, August 6th, the library along with the courthouse will be closed. Members of the Law Society of Manitoba have after hours access from 10 – 5, by signing in at the Kennedy Street entrance.

Enjoy the long weekend – the forecast is for 30 degrees!

Federal Immigration and Refugee Board Resources

Here’s a helpful resource from the Immigration and Refugee Board of Canada:

Interpretation of the Convention Refugee Definition in the Case Law

Contents include:

  • Ch. 1 – Introduction
  • Ch. 2 – Country of Persecution
  • Ch. 3 – Persecution
  • Ch. 4 – Grounds of Persecution – Nexus
  • Ch. 5 – Well-founded Fear
  • Ch. 6 – State Protection
  • Ch. 7 – Change of Circumstances, Compelling Reasons, and Sur Place Claims
  • Ch. 8 – Internal Flight Alternative (IFA)
  • Ch. 9 – Particular Situations
  • Ch. 10 – Exclusion Clauses – Article 1E
  • Ch. 11 – Article 1F
  • Keypoints 

Additional Immigration and Refugee Board of Canada Legal Resources are also available.

h/t @LAManitoba (Legal Aid Manitoba)