On behalf of canine breeders and other interested persons who have retained our law firm, class action litigation will be commenced in British Columbia and Ontario in order to maintain acceptable veterinary practices for professionally rendered docking, cropping, and dewclaw removal.
Various research supports that docking, cropping, and dewclaw removal are in the best interest of specific canine breeds concerned. This potential class action litigation comes as a direct response to proposals in British Columbia and Ontario to ban veterinarians from performing these long-standing procedures regarding certain specific canine breeds. Each practising veterinary professional currently has the personal, professional, legal, and ethical right to provide humane docking, cropping, and dewclaw removal services in circumstances deemed appropriate by that veterinarian. Veterinarians have a legal and ethical discretion to refuse to provide these services based on individual circumstances of each case and based on their personal and professional discretion. The proposed bans in British Columbia and Ontario would diminish or eliminate the professional discretion of veterinarians.
The proposed bans in British Columbia and Ontario would cause wrongful interference with the right of veterinarians to provide services as they deem appropriate in each case. Class action litigation against the B.C. and Ontario Veterinary Associations will assert breach of the duty of fairness, breach of the duty of care, tort liability for improper administrative action, the tort of misfeasance, and breach of professional and ethical duties towards the public, as the proposed ban interferes with the ethical standards of the veterinary professionals in those provinces.
Merchant Law Group LLP has 10 offices across Canada, with lawyers practising law in six provinces. Merchant Law Group LLP and Tony Merchant, Q.C. are well known for pursuing class action lawsuits in Canada including litigation regarding Winners/HomeSense, Various Cellular Phone Fees, BCE Dividends, GM Gasket Manifolds, Hip Implants, Lead Paint in Toys (and similar consumer products), Maple Leaf, Celebrex/Bextra, Vioxx, Sony, Residential Schools and various other cases. Tony Merchant, Q.C. is known to be one of Canada’s most active litigators with more than 600 reported cases in leading Caselaw Journals, having argued thousands of cases before the Canadian and American Courts, in Trial and Administrative Courts, and the Courts of Appeal of various American and Canadian jurisdictions, the Federal Court of Canada, and the Supreme Court of Canada. Tony Merchant, Q.C., has a long history in pursuing public policy cases and is a former Member of the Legislative Assembly (M.L.A.)