Evans v. Anderson
Linda Evans
Law Firm / Organization
Murphy Battista LLP
Erin Berry
Law Firm / Organization
Bilkey Law Corporation
Sophie Anderson
Law Firm / Organization
Bilkey Law Corporation

Background: The case involved Linda Evans, the plaintiff, seeking damages after being bitten by a dog owned by Erin Berry and Sophie Anderson, the defendants. The incident occurred during a dinner party at the defendants' apartment.

Legal Arguments/Issues:

  • Scienter: Evans claimed that the defendants knew their dog had a propensity to cause harm, which they denied.
  • Negligence: It was argued whether the defendants had failed to meet the standard of care expected to prevent the injury.
  • Occupier's Liability: The case also examined the responsibilities of the defendants as occupiers to ensure the safety of guests from their dog.

Evidence: Testimonies highlighted the dog's history of nipping but not causing severe injury, its behavior on the incident night, and the steps taken by the defendants to address the dog's behavior, including training and veterinary consultations.

Judgment/Disposition: The court concluded that the plaintiff failed to prove the dog had a propensity for the type of harm caused or that the defendants were aware of such a propensity. Furthermore, the defendants were found to have met the standard of care required under both common law negligence and occupier’s liability.

Costs/Award: The plaintiff’s claim was dismissed, and no award was granted. The judgment did not specify costs; parties were to discuss costs if an agreement was not reached.

Supreme Court of British Columbia
S184075
Tort law
Defendant