What is the burden of proving identity of a person to establish liability for injuries sustained by a dog?
Saskatchewan, Canada
The following excerpt is from Arn et al. v. Beattie et al., 1991 CanLII 7574 (SK QB):
In addition to identity, to establish liability, the plaintiffs have the further burden of proving "scienter". The classic definition of scienter is set out in Lee et al. v. Walkers (1939), 162 L.T. 89 (citing Willes, J., in Cox v. Burbidge, 13 C.B.(N.S.) 439), at p. 90: "... As to animals which are not naturally of a mischievous disposition. The owner is not responsible for injuries of a personal nature done by them. Unless they are shown to have acquired one vicious or mischievous habit or propensity and the owner is shown to have been aware of the fact."
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