About this Area of Expertise
Animal Law is a growing field that intersects traditional legal practices, including:
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Product Liability: Animals may be harmed by medications, toys, pesticides, cleaners and food. The recent class action suit in regard to contaminated pet food in the United States is an example.
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Property Law: Animals are considered property under the law, and this allows people to buy and sell them for a number of reasons, including food, research, pets, and to kill them "humanely".
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Criminal Law: One of the most common intersections between animal law and criminal law is through anti-animal cruelty provisions in the Canadian Criminal Code and provincial legislation.
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Wills and Estates: Many people now include provisions in their wills to provide for the care of their companion animals. Passing pet trust acts may further provide for their enforcement.
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Environmental Law: Environmental laws protect wildlife through various legislation including, the Species at Risk Act, Wildlife Act, Water Act, Fish Protection Act, and Environmental Assessment Act.
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Municipal Law: Considering bylaws with respect to the treatment of urban and wild animals, including coyotes, bears and raccoons. The use of animals in entertainment and guide animals are also within the realm of municipal law.
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Administrative Law: Judicial review of the decisions made by regulatory and governmental bodies (i.e., decisions with regard to seizing animals found in distress and returning them to their owners).
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Personal Injury: The most common example is dog bites related cases.
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Family Law: Family pets are appearing in marriage agreements and divorce settlements. Some people even go as far as including visitation rights for their companion animals.
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Tort Law: Some tort law cases are challenging the idea of animals as property, and are asking the courts to recognize that animals are sentient beings and to advance laws regarding emotional distress and loss of companionship. People also sue their veterinarians for negligence.
Legal issues involving animals, both domestic and wild, are increasingly entering many legal practices either directly or indirectly. Boughton's lawyers assist individuals and companies seeking advice on, or resolution of, various animal-related legal issues including:
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providing for pets in wills, enforceable trusts, agreements, etc;
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animal custody disputes in divorce or separations;
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condominium - landlord disputes;
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tenant - zoning disputes;
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discrimination laws;
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abuse or neglect charges;
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veterinary malpractice cases;
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boarding or grooming problems;
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"dangerous dog" applications;
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damages cases involving the wrongful death or injury to a companion animal;
- consumer fraud.
Whether one is an "animal lover" or not, is irrelevant. The reality is that our clients want and deserve practical solutions for dealing with their animal-related concerns, regardless of industry and background. We work closely with our other practice groups and with our Meritas affiliates to provide the best coordinated services possible. Learn more about our Animal Law Practice by viewing this video.
Key Contacts
*Personal Law Corporation

