Cat owner sues dog's handler after attack led to feline being put down

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A cat was forced to be put down after being attacked by two dogs, so the cat’s owner sued the canine handler.

Tazz was the feline victim in this BC Civil Resolution Tribunal case, and they were attacked by two dogs, Rigsby and Gus.

At the time of the attack, Rigsby and Gus were being handled by Jonathan Berry. Tazz’s owner, Miranda Dawn Maruschak, sued Berry for $1,196.77 for veterinary expenses related to Tazz’s injuries and euthanasia.

Berry is technically only Rigsby’s owner, but he was taking care of Gus then. He claimed he wasn’t responsible because only Gus attacked Tazz.

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Tazz was attacked on August 7, 2022. The tribunal decision states Tazz was attacked first on a patio and then in the yard.

The tribunal did not agree with Berry that he was free of responsibility even though Gus isn’t technically his dog.

Maruschak said LB, another tenant in the building she lives in, gave Berry responsibility for taking care of Gus while they were away. Maruschak also provided text messages between her and LB that indicated Gus was always supposed to be kept on a leash. Video of the attack showed that Gus was not on a leash. The video also shows that both dogs were unattended, even though Barry alleges the video didn’t show the “actual truth of what happened.”

“Both parties say that Gus attacked Tazz in the yard, and I accept Gus did so. Notably, Mr. Berry does not explain what the ‘actual truth of what happened’ is,” the tribunal decision reads.

Even though Berry doesn’t own Gus, he was technically Gus’ owner at the time of the attack, leading to Tazz the cat being put down.

Evidence led to the tribunal deciding that Berry was negligent in the attack. The tribunal awarded Maruschak $1,365.41, including the amount for veterinary care and tribunal fees.