Mediation Assignment: Dog Attack

Facts for All Parties

Several weeks ago, a large German Shepherd (Patton) allegedly attacked a small Shih Tzu puppy
(Peanut). Patton is 6 years old and weighs 80 pounds. Peanut is 9 months old and weighs 7 pounds.
Neither dog was supervised when the incident took place, and there were no witnesses to the alleged
attack. Both owners arrived in time to see Patton grab Peanut with his mouth and lift her in the air.
Peanut was taken to an emergency clinic for examination and treatment. Patton did not sustain any
serious injuries, but was limping for a few days after the incident.
The matter is proceeding to mediation in an effort to resolve it without going to Small Claims Court.

Mediator
Last week you contacted each of the disputants separately to discuss the mediation process. During the
conversations, each party explained what had taken place. Just as the saying goes, there are two sides to
every story.
Patton’s owner (Murray/Marie) has indicated that the dogs were just playing, and that if Patton wanted
to harm the other dog he easily could have done so. S/he is upset over how the other dog owner
harmed Patton, as there was no need to attack him in that way. Murray/Marie thinks the vet bill is
greatly inflated, and that the emergency service was completely unnecessary.
Peanut’s owner (Linh/Lynn) says that the other dog was trying to kill her little Peanut. S/he had no
choice but to attack the other dog in order to save Peanut. Linh/Lynn was very worried about her pet
and felt that it was necessary to seek immediate medical attention for Peanut. Linh/Lynn does not want
to be responsible for paying the vet bill.
From what you’ve been able to gather, both clients are dog lovers and live in the same neighbourhood.
In addition to a discussion about the vet bill, it may be useful to establish how the parties will ensure
that an incident like this does not take place again. You are confident that this can be resolved without
going to court.

Owner of Peanut—Linh/Lynn
You are the owner of a tiny Shih Tzu puppy. Peanut is only 9 months old and is a very gentle, passive
dog. Last month, your son accidently let Peanut slip out the back door. You didn’t realize that Peanut
was outside until you heard a lot of barking coming from a house down the street. When you went to
investigate, you saw a large, aggressive dog with his jaws clamped around Peanut. The dog was at least
10 times the size of your puppy, and could have easily killed Peanut. You ran as quickly as you could to
save Peanut’s life, but you had to hit and kick the other dog several times before he would drop your
puppy. At this point you saw the other dog’s owner peeking over a fence and calling for the big dog.
You immediately took Peanut to an emergency vet clinic to have her examined. There were visible
scratches, as well as bruising. The vet was extra cautious and conducted an ultrasound to see if Peanut
had any internal injuries. The ultrasound was clear, so the vet recommended IV antibiotics and a special
cream to ensure that no infection developed. The emergency clinic charged $1,275 for the examination,
ultrasound, antibiotics, and cream. You knew that the emergency clinic would charge far more than your
regular vet, but you felt this was a crisis. Besides, Peanut is worth every penny. Unfortunately, you don’t
have money to pay the vet, and so have decided to try to recover the vet expenses from the other dog
owner in Small Claims Court. You have retained a paralegal who served a Statement of Claim on the dog
owner.
Your paralegal has recommended that you consent to the other party’s suggestion to try community
mediation to see if you can resolve this matter without going to court.

Owner of Patton—Murray/Marie
You are the owner of a friendly, well-trained, 6-year-old German Shepherd. Patton has never been
aggressive to people or to other animals. Last month, you were gardening in your backyard when you
noticed Patton running along the fence line at the back of your property. He was barking and clearly
excited about something on the other side of the fence. You couldn’t see what he was barking at
because of a large hedge on your side of the fence. After a few minutes, Patton managed to squeeze
through a small area of the fence that had been damaged in a recent wind storm. At that point, you lost
sight of him but ran to the end of your property to call him back.
It turned out there was a small dog on the other side of the fence. This came as a surprise to you,
because you know the owner of that house and he does not have pets. When you got to the edge of the
fence you saw Patton playing with a small dog and a person screaming while kicking and hitting Patton.
As soon as you whistled and called Patton, he stopped playing and came back to your yard.
Patton was limping for a few days after the incident—probably from the angry pet owner who hit and
kicked poor, playful Patton. You were surprised when you were served with a Statement of Claim
documenting the injuries to the other dog. You have consulted a paralegal who has suggested
community mediation to try to resolve this matter without going to court.