Ontario wild boar hunt gone bad

[rick_iles]

Well I feel, and I bet others do to, that more than a trespassing ticket is warranted in this instance. They are neighbors for gosh sake, I remember a story of a barn burning down for much less.

Agreed.... this is a classic example why there should be more teeth put into the trespassing laws...not long ago, some guy was fined $750.00 for camping longer than 21 days on crown land....trespass and kill family pets gets you a $100.00 fine !!!!! Unreal !!

[trimmer21]

It wouldn't be the value of the pigs I'd be suing for. They are pets, part of the family, emotional distress, etc. That's worth a lot more.

Emotional distress law suits will only make lawyers rich. In Ontario civil courts,emotional distress is never part of the equation. Even punitive damages are a rarity. We may only sue for the actual value of the item lost plus reasonable expenses. Obtaining a judgement is one thing,actually collecting is a whole different matter.

[fishermccann]

Trim in this case, are you saying the couple should only get the price per pound for pork? That seems harsh, they were emotionally attached to their pets.

[trimmer21]

Trim in this case, are you saying the couple should only get the price per pound for pork? That seems harsh, they were emotionally attached to their pets.

It is absolutely harsh,but,that's all a court can do. A Judge has to take the emotion out of it and rule in the cold,hard light of day. Livestock is merely a commodity that was lost,therefore,only the real cost is recoverable. The shooter offered $1K in compensation. The victims should have taken the money. I doubt they'll do that well in small claims court.

[werner.reiche]

It wouldn't be the value of the pigs I'd be suing for. They are pets, part of the family, emotional distress, etc. That's worth a lot more.

That's not the way civil courts work in Canada.

[werner.reiche]

So Werner, someone comes on to your property without your permission and shoots 2 of your hounds, how about $1000, sounds about right, they are not worth that anyway.

See the problem here?

The cost you can recover in a civil court is generally the economic worth, not their emotional worth to you.
So I'd still be upset about the loss of the dogs.
But if I could replace them for $1000 - from civil court perspective its a fair settlement

I really don't understand why we have all these posts offering opinions when they do not have a clue how civil courts work in Canada.
Too many people watching too much American TV I guess.

[fishermccann]

Yes lots are saying what the rules are, but do you agree with them? Should a pet NOT be worth more than the cost to replace them? When a neighbor broke the law to kill them? Imagine seeing the person daily and living next door to the person who broke the law to shoot your pet. As in another long ago post can anyone say ' spontaneous combustion'.

[fishfood]

The cost you can recover in a civil court is generally the economic worth, not their emotional worth to you.
So I'd still be upset about the loss of the dogs.
But if I could replace them for $1000 - from civil court perspective its a fair settlement

I really don't understand why we have all these posts offering opinions when they do not have a clue how civil courts work in Canada.
Too many people watching too much American TV I guess.

A lot of people think that way . They think it's a get rich quick way of thinking.

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[fishermccann]

A lot of people think that way . They think it's a get rich quick way of thinking.

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Maybe they want the penalty for such an egregious action to be more than a trespassing fine. As I feel it should be.

[Dythbringer]

Emotional distress law suits will only make lawyers rich. In Ontario civil courts,emotional distress is never part of the equation. Even punitive damages are a rarity. We may only sue for the actual value of the item lost plus reasonable expenses. Obtaining a judgement is one thing,actually collecting is a whole different matter.

Trimmer21,

My wife was involved in a fatal car accident. She survived and the other driver did not. We were sued for civil damages and they were seeking some of the money for emotional distress. Insurance company ended up settling. So your statement isn't exactly true.

Dyth