Northpoint Legal Articles

In Rae v. Gadalla, 2023 BCSC 1398, the court found the owners of a Yorkshire Terrier liable after their dog bit the plaintiff in an elevator. The ruling clarifies two legal pathways for pet attack claims in BC: negligence and scienter. Negligence applies if the owner should have known the pet posed a risk and failed to act. Scienter applies only if the owner actually knew of the pet’s harmful tendencies. In Rae, past incidents of aggression supported both claims. While the plaintiff sought up to $35,000, the court awarded $5,000 in damages due to the limited extent of the injuries.

Loss of housekeeping capacity refers to the reduced ability to perform everyday household tasks due to injury—such as cleaning, cooking, yard work, or childcare. Courts recognize this as a valid head of damages, either on its own or within broader categories like non-pecuniary damages or cost of future care. The aim is to compensate for the value of work the injured person can no longer do. There's no fixed age limit for such awards, and each case depends on its unique facts.

Defence cost allocation and control between insurers or between an insurer and an insured depend on equity, fairness, and policy wording. Courts may allow shared costs or independent control of the defence when conflicts of interest arise—particularly if coverage hinges on the insured’s conduct or the policy includes both covered and uncovered claims.

Management fee awards compensate plaintiffs who need help managing large damages. BC courts now lean toward modest awards, even for significant settlements, focusing on the plaintiff’s financial ability, support system, and investment conditions. Awards depend on clear evidence of need and cost, guided by key cases like Mandzuk and Cikojevic.