FILE – The owner of a Pomeranian killed after another dog attacked it tried to sue the bystander who tried to help. (Pixabay)

Bystander who tried to help dog being attacked not liable for its death: B.C. tribunal

Owner of dog killed tried to get $5,000 in damages from man who tried to save it

A man who ran to help a dog being attacked does not have to pay damages related to the fight, the B.C. Civil Resolution Tribunal has ruled.

In a decision released Friday, tribunal vice-chair Andrea Ritchie said Manmeet Bajwa was not responsible for the fight that left Jessica Barth’s dog, Taz, dead on April 12, 2019. Barth had been seeking $5,000 in damages, to cover both Taz’ purchase price and for “pain and suffering” as a result of the attack.

At issue is a dog fight that happened when Barth and her roommate were loading a car in front of their home. Taz, her Pomeranian, was nearby.

Barth said that another dog, named Rambo, came running towards them and attacked Taz. She said she saw Bajwa trying to stop Rambo, a pitbull, during the attack, and alleges he was carrying a leash and collar with him.

Barth alleged that Bajwa was responsible for the dog at the time, although she acknowledged he was was not Rambo’s owner. For his part, Bajwa said he thought the dog was a stray and that he only came to help because he thought Rambo was attacking a cat.

In an interview with animal control the day of the attack, Bajwa said he had seen the dog hanging around his work site that day but did not know whose it was, nor what it was doing there.

In her decision, Ritchie said the only people liable for a pet’s behaviour are its owner or anyone who officially takes responsibility for the dog, like a boarder or a trainer. As Bajwa was neither, Ritchie dismissed the $5,000 in damages against him.

ALSO READ: B.C. woman ordered to return dog to ex-boyfriend for $2,000

ALSO READ: Alberta bulldog breeder ordered to refund B.C. buyer over puppy’s behaviour


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

dog attack

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

BC Ferries appoints new financial officer

Jill Sharland has experience in aviation, medical industry

The Glorious Sons ready to wage rock ‘n’ roll war at the Royal Theatre

Kingston band bringing their harder-edged sound to town in March

Athletes gear up for Pan Am XC Cup at Bear Mountain Saturday

This is the first time Canada is hosting the championships

Oak Bay’s first heritage conservation area is in the books

Councillor excited to see how HCA protects character of The Prospect

Petition aims to stop handyDART facility from being built in View Royal

‘Save Craigflower Creek’ has gathered over 1,000 signatures within a week

Toddler killed in Squamish grocery store parking lot

Child’s mother taken to hospital but her condition is not known

Two law enforcement trucks ‘deliberately’ set on fire in northern B.C., RCMP say

Police say they have video evidence of a person in the area of the truck fires

B.C. mother, daughter return home after coronavirus quarantine in Asia

Jensine Morabito and her daughter were on Holland America’s Westerdam but did not catch the virus

Leap Year means we get an extra day in February, so how are you spending it?

People online have a number of suggestions and plans on how they will be spending Saturday

Greta sticker that drew outrage in Alberta not child pornography: RCMP

X-Site Energy Services has denied having anything to do with the stickers

Bald eagle hit by train in northern B.C. has a chance of survival

The raptor has been taken to OWL in the Lower Mainland for recovery

Cheslatta Carrier Nation and Rio Tinto sign a historic agreement

Co-operation crucial to stem dropping Nechako Reservoir level

Stories of sexual assault at B.C. tree planting camps ‘shocking but not surprising:’ advocate

Contractors’ association is working with trainers to create respectful culture

Most Read