When Dogs Bite and Gas Stations Annoy: Legal Insights with Michael Mulligan
Ever wondered if your dog could land you in legal hot water? Or what happens when your neighbour’s business becomes an unbearable nuisance? Legal expert Michael Mulligan returns to Legally Speaking with three captivating cases that reveal the fascinating intersection of everyday life and Canadian law.
The spotlight first falls on Juliet, a miniature Australian shepherd whose elevator encounter led to a $4,800 claim after she allegedly bit a woman’s hand. Mulligan unpacks the surprising legal doctrine that essentially gives dogs “one free bite” before owners face liability. The Civil Resolution Tribunal’s dismissal of the case highlights the important distinction between a single incident and established patterns of behaviour in animal liability cases. Dog owners across British Columbia might breathe easier knowing that, without prior knowledge of aggressive tendencies, they’re unlikely to face legal consequences for an otherwise well-behaved pet’s first transgression.
Things heat up with the case of a small-town gas station that found itself embroiled in a 20-day trial complete with acoustics and vapour experts. When the station relocated its underground tanks, neighbouring residents endured years of noise, fumes, and bright lights from fuel deliveries. Though the court acknowledged these disturbances constituted a legal nuisance, it rejected demands to shut down operations. Instead, the judge awarded $80,000 to the affected family, demonstrating how Canadian courts balance individual property rights against broader community needs. The Court of Appeal’s affirmation of this approach reveals the remarkable discretion judges maintain when crafting remedies that serve competing interests.
The final case delivers a cautionary tale featuring a BC Housing tenant known variously as “Lover-Peace” and “Emotions Universe,” whose troublesome behaviour resulted in his designation as a “vexatious litigant.” After breaching an agreement to vacate public housing in exchange for rental supplements, his attempt to appeal his eviction order led to a full-day hearing where his pattern of harassing behaviour toward legal professionals came to light. The $2,500 special costs penalty imposed sends a clear message about the consequences of abusing the legal system.
Want to explore more fascinating intersections of law and everyday life? Join us next week for another edition of Legally Speaking, where Michael Mulligan continues to demystify Canadian jurisprudence one compelling case at a time.
Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.