Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Animal Liability Act

Current Act: should read Proposed Act:
Definitions

1(1) In this Act

  Definitions

1(1) In this Act

"common-law partner" means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship.

Defence to claim re damage by livestock

2(3) In an action brought under this section against the owner of livestock for damages for harm alleged to have been caused by the livestock while running at large, it is a defence for the owner to prove that

(a)his or her control of the livestock was in accordance with generally accepted agricultural practices; or

(b)the livestock was at large due to an act of God or the act or default of a person other than

(i)the owner,

(ii)an employee of the owner acting within the scope of his or her employment, or

(iii)the spouse or child of the owner, who is not estranged from him or her.

  Defence to claim re damage by livestock

2(3) In an action brought under this section against the owner of livestock for damages for harm alleged to have been caused by the livestock while running at large, it is a defence for the owner to prove that

(a)his or her control of the livestock was in accordance with generally accepted agricultural practices; or

(b)the livestock was at large due to an act of God or the act or default of a person other than

(i)the owner,

(ii)an employee of the owner acting within the scope of his or her employment, or

(iii)the spouse, common-law partner, or child of the owner, who is not estranged from him or her.

 

Current Page
Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Animal Liability Act
Previous Page Next Page
Agricultural Producer's
Organization Funding Act
Civil Service Act
Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
Volume 2 (proposed Statute Amendments)

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.