B.C. tribunal rules dogs are allowed one free bite before owners are liable, denies woman’s $5,000 injury claim
A woman seeking nearly $5,000 in damages after a dog bite incident on Christmas Eve had her claim dismissed by the B.C. Civil Resolution Tribunal, despite medical treatment and emotional distress following the event.¸
Ying Shen was on her way to the front lobby of her Vancouver apartment building to offer holiday greetings to the concierge on the evening of Dec. 24, 2022, when an unexpected bite from a small dog interrupted the goodwill gesture. According to the tribunal’s decision published on May 5, Shen exited the elevator just as neighbor Jeffrey Dale Polo was returning from a walk with his daughter’s dog — a mini Australian Shepherd named Juliet.
As Shen stepped out and passed Polo near the elevator, the leashed dog lunged and bit her hand. Polo apologized on the spot, saying that Juliet was “usually well behaved,” as recorded in tribunal documents.
Following the incident, Shen described feeling “intense and growing pain” and promptly took an Uber to St. Paul’s Hospital emergency department. There, she was treated for a “superficial abrasion” and given a tetanus shot, the decision noted.
Tribunal member Peter Nyhuus reviewed a photo showing a small wound located between Shen’s thumb and index finger — a clear but minor injury resulting from the bite.
After Shen submitted an incident report to the City of Vancouver, a bylaw officer investigated the matter. The findings concluded that Juliet did not meet the criteria of an aggressive dog under the city’s Animal Control Bylaw. However, the officer noted Juliet was not licensed — a detail that would later influence the tribunal’s decision.
Nyhuus explained that in cases involving dog bites, legal responsibility hinges on whether the owner knew — or should have known — about any aggressive tendencies the dog might have had.
The long-standing legal principle he cited? “Every dog is entitled to one bite.”
Since Juliet had no prior history of biting and was unlicensed at the time — making it unlikely she had drawn official scrutiny before — Nyhuus concluded there was no way for Polo to know his daughter’s dog could be dangerous.
He also ruled out negligence, citing that Polo had Juliet on a short leash and was holding her close when the elevator opened.
“While I sympathize with Miss Shen, I am bound to apply the law as it stands. In the eyes of the law, what happened on December 24 was essentially an accident that no one is to blame for,” said Nyhuus.
“As such, Miss Shen’s loss and damages are not compensable,” he said.
With no clear evidence of fault or prior aggression, the tribunal dismissed Shen’s $4,862.62 claim — reinforcing a legal precedent that may not sit well with every bite victim, but one that reflects the fine line between accident and liability.
Sources:
globalnews.ca/news/10489323/bc-dog-bite-lawsuit-dismissed/
