Legal Information
Please note that the following ferret legal information is for
educational purposes only and is not to be considered as legal advice.
The information contained in each area is not a full or detailed
account of the law or relevant factors that may relate to your case
-- each is dependent on its own facts.
If you have a legal question or concern related to pet ferrets
and the law then contact a lawyer.
This information is provided courtesy of Kristin Tillquist (née
Graver) at Quinlan Abrioux, Vancouver, B.C., specializing in pet
and animal law. Telephone: (604) 601-3719.
PET BITES
Pet bites, and in particular dog bites, is an area where there
is a good deal of litigation. If you are the owner of a pet, it
is your duty and responsibility to ensure that your pet does not
injure another pet or any person. If you are aware that your pet
has "vicious tendencies" (it has bitten before or has
displayed aggressive behavior), then you are under an absolute liability
to keep your pet from injuring anyone. If you are not aware that
your pet has any vicious tendencies, and the pet bites unexpectedly,
you may not be held responsible for the injuries it causes. This
is where the notion of "one free bite" originates.
If you have been bitten by a pet, there are two types of legal
actions you can take. One is criminal action and this is typically
achieved through the SPCA or the Pound where they seek to have a
pet that has shown itself to be a threat to society euthanised by
Order of the Court. As an individual, you can also start a civil
action seeking monetary compensation for any personal injuries or
property damage you may have suffered. Once the issue of liability
has been determined, then obtaining compensation for injuries for
a pet bite is much the same as obtaining compensation for injuries
which you might have suffered in a car accident.
HOUSING ISSUES
If you live in rental accommodation such as an apartment, you may
encounter a "no pets" policy. Vancouver is known to have
a great number of "no pets" buildings and many people
find it quite difficult to find suitable accommodations for themselves
and their pets. However, if you live in a "no pets" building,
have a pet, and are being pressured to get rid of your pet in accordance
with the rental agreement, there is hope, particularly if you were
unaware of the "no pets" policy. Many "no pets"
clauses in rental agreements have been struck down in arbitration
decisions through the Residential Tenancy as being either to vague
or to specific!
If, however, you own a condominium unit, it is much more difficult
to get around such regulations. In the condominium situation, the
"no pets" regulations are contained in a by-law which
is voted on by a majority of the owners at the particular condominium
complex. Because such a by-law typically represents the "will
of the majority," the Courts have been very reluctant to allow
one individual the benefit of a pet in the face of a "no pets"
by-law.
WILLS
If you own a pet it is a good idea to have a clause in your Will
regarding the fate of your pet after your death. This can be achieved
through amending your existing will by inserting a couple of clauses
into it, by adding an Amendment to your existing Will, or including
these provisions in your Will as it is drawn up. The clauses can
designate a beneficiary for your pet and allocate some money for
the pet's care after your death, or a Trust can also be set up for
your pet.
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