Evans v. Berry
Linda Evans
Law Firm / Organization
Olthuis Van Ert
Lawyer(s)

Fraser Harland

Erin Berry
Law Firm / Organization
Bilkey Law Corporation
Sophie Anderson
Law Firm / Organization
Bilkey Law Corporation

Background Facts:
On November 11, 2017, Linda Evans was bitten on the face by a dog named Bones, owned by Berry and Anderson, while attending a dinner party at their home. Bones, a mixed-breed rescue dog, had exhibited previous aggressive behaviors, including nipping at people's ankles and biting Berry’s father. Despite these incidents, Berry and Anderson had taken Bones to a veterinarian and enrolled him in dog training.

Legal Issues:
Evans argued that Berry and Anderson should be held strictly liable under the scienter doctrine because their dog had shown aggressive tendencies. She also claimed the respondents were negligent in not preventing the attack and had failed to meet the required standard of care.

Court's Findings:
The court dismissed Evans' appeal. It found that Evans failed to prove two critical elements of the scienter test: that the dog had a clear propensity to cause harm and that the respondents knew of this propensity. The court also concluded that Berry and Anderson did not breach the standard of care. The incident was deemed an unexpected, out-of-character act by the dog.

Outcome:
The court ruled in favor of Berry and Anderson, dismissing the appeal. No specific amount of costs or damages was awarded, as the decision focused on liability rather than financial compensation.

Court of Appeals for British Columbia
CA48900
Tort law
Respondent