Dog eat dog: BC pet owners have legal fight over whose pooch bit who first

A dog fight led to two BC pet owners having a legal battle of their own at a Civil Resolution Tribunal hearing.

Ellen Atkin sued Glenn Kurack, who was then countersued by Atkin, with both dog owners throwing blame at the other for what took place one fateful April day in 2021.

Atkin said Kurcak’s dog bit her dog and claimed $2,552.82 for vet expenses and pain and suffering for what she alleged was “character assassination.”

Kurack claimed Atkin’s dog bit his leg and then also attacked his dog. Kurack alleged he broke his arm during the incident and missed work, claiming $3,200 in lost wages.

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On April 21, 2021, both parties agreed to meet with their dogs near a local train service road.

Kurack claims he was walking towards Atkin’s car while holding his dog’s collar. He said Atkin’s dog started barking aggressively, so he stopped walking, asking Atkin not to let her dog out of the vehicle.

He told the tribunal that Atkin let her dog go anyway, and it ran towards him and his dog.

The tribunal decision reads, “He says his arm broke when his dog broke free of his grasp, and Ms. Atkin’s dog bit his leg.”

Atkin’s version of events is slightly different.

Atkin says that Kurack and his dog approached her and her dog when her dog was already outside the car. She noted that Kurack’s dog sniffed hers momentarily, then chomped his jaws around her dog’s neck.

“She denies that her dog bit Mr. Kurack’s dog but agrees that her dog bit Mr. Kurack’s leg. There were no other witnesses to the incident.”

To determine how the damages would be paid out, the tribunal assessed at what percentage both parties were at fault.

The tribunal determined that Kurack didn’t adequately restrain or control his dog, which led to him biting Atkin’s dog. However, it also determined that Atkin’s actions contributed to the incident because her pooch was not leashed.

Ultimately, Atkin was 70% responsible for her dog’s injuries, which allowed her to get 30% payment for veterinary expenses from Kurack.

Sadly for Kurack, he could not provide evidence for his claims of lost wages as a result of the dog fight, so in the end, Atkin walked away from the BC tribunal with $239.31, including $165.85 in damages and the rest in tribunal fees.