BarTalk October 2004
Volume 16, Number 5

Cases on the Doctrine of Scienter

Q: I’m dealing with a case of a dog attack. I’ve already found information from the perspective of negligence but am also looking for cases etc. on the doctrine of scienter. What would you suggest?

A: One place to start would be the BCCLS library catalogue. A general keyword search for “animal law” brings up a list of 12 items and will direct you to some textbooks on the subject. Since there are few Canadian texts on this subject, however, in order to find case law and the applicable legislation, you will need to turn to a Canadian source. WestlaweCarswell’s LawSource, an online system, can provide you with case law, an authority list for each case, applicable CED entries plus KeyCite references showing how the cases have been treated. A phrase search for “doctrine of scienter” and “animal” provides a list of 14 B.C. cases, with the accompanying citing references.

LawSource includes all cases published in Carswell topical law reports, legislation, the CED, the Canadian Abridgment and KeyCite, an electronic citator for Canadian cases and legislation. The subscription is paid for by the B.C. Courthouse Library Society and is freely available in all courthouse libraries except Vancouver. See page 30 for information on free LawSource training.

The B.C. Courthouse Library Society welcomes your questions. E-mail queries to bccls@bccls.bc.ca

This article was published in the October 2004 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2004, all rights reserved.