What is the test for negligence in an animal welfare case?

The test in these types of cases is the usual one with respect to negligence. As noted in Dubois v. Penny (1995) 1995 CanLII 4393 (NS SC), 145 N.S.R. (2d) 50 (S.C.) at para. 10 per Goodfellow J: “The duty upon one who owns, controls or harbours an animal is a duty of reasonable care for the safety and security of all who might come into contact with the animal. The standard of this duty of reasonable care will be mandated by the circumstances that exist at the time of the alleged negligence. This standard will depend upon many factors including the size, natural tendencies of the animal, the historical propensities of such animal that have been exhibited, the proximity and composition of the public that is likely to come into contact with the animal, etc. etc.”