Canadian Equine Law

Learn how to protect your equine interests! From Canada's leading equine law practitioner, Catherine Willson - and Canada's leading publisher of legal expertise for the layperson, Self-Counsel Press - comes this much-anticipated guide to equine law in Canada. Canadian Equine Law is a concise guide that includes information written specifically for the layperson in the horse industry. Readers can explore chapters filled with precedents and case studies, explained in plain language, making it simpler to understand the rights and obligations of anyone working with horses in any capacity. Learn about the legalities of purchasing, selling, stabling, and caring for horses - and how to use contracts (as well as what to watch out for in them). Farmers, veterinarians, and anyone else working in or around the equine industry will benefit from having this invaluable information at their fingertips.

Learn how to protect your equine interests!From Canada’s leading equine law practitioner, Catherine Willson – and Canada’s leading publisher of legal expertise for the layperson, Self-Counsel Press – comes this much-anticipated guide to equine law in Canada.Canadian Equine Law is a concise guide that includes information written specifically for the layperson in the horse industry. Readers can explore chapters filled with precedents and case studies, explained in plain language, making it simpler to understand the rights and obligations of anyone working with horses in any capacity.Learn about the legalities of purchasing, selling, stabling, and caring for horses – and how to use contracts (as well as what to watch out for in them). Farmers, veterinarians, and anyone else working in or around the equine industry will benefit from having this invaluable information at their fingertips.

Introduction xv1. The Business of Horses xv2. Sole Proprietorship xvi3. Partnership xvii4. Corporations xix5. Co-ownership Agreements and Horse Syndications xx6. Put It in Writing! xxiPart I: Horse Ownership and Leasing 11 Purchase and Sale 11. Buyer Beware 12. Conditions and Warranties 33. Remedies for Breach 44. Provincial Legislation: The Sale of Goods Act 65. Put It in Writing 82 Using an Agent when Buying or Selling a Horse 101. What Is an Agent? 112. What Your Agent Is Permitted to Do on Your Behalf 122.1 Key points to remember regarding the authority of the agent to bind the principal 143. The Relationship between the Principal and Agent 154. Compensation 165. A Review of the Rules when Using an Agent to Buy or Sell a Horse 165.1 Rule 1: Be clear on your instructions to an agent, preferably in writing 165.2 Rule 2: Use a written Agreement of Purchase and Sale 175.3 Rule 3: Contract directly with the other party when buying or selling 175.4 Rule 4: Find an agent you trust 175.5 Rule 5: Remember who is paying the agent’s fee 183 Leasing a Horse 191. Responsibility of Owner of the Horse to Lessee 202. Obligations of the Lessee to the Horse Owner 213. Common Problems in the Lease of a Horse 224. Lease Agreements 234.1 Parties 234.2 Term 234.3 Purpose 244.4 Lease payments and ongoing expenses 244.5 Risk 254.6 Other terms 25Part II: Breeding, Stabling, and Caring for Horses 274 Breeding Horses 271. The Stud Farm Operator 272. The Mare Owner 282.1 Booking or usage fee 282.2 Stud fee or service fee 292.3 Boarding fees 292.4 Veterinary charges for breeding 302.5 Artificial Insemination (AI) 302.6 Embryo reproductive technology 312.7 Broodmare leases 313. Lien Rights 314. Breeding Contracts 324.1 Identify the stallion and mare to be bred 324.2 Process, timing, and other details related to the breeding 324.3 Promise of mare owner to pay service fee and terms of payment 334.4 Consequences where mare fails to conceive or produce a live foal 334.5 Board and other expenses 334.6 Health of mare and stallion and provision of a veterinary certificate for mare being serviced 344.7 Allocation of risk of loss, insurance 344.8 Contract null and void if the stallion or mare dies or becomes unfit for breeding purposes 354.9 Provision for the execution of the certificate, if any, by the owner of the stallion to register the foal 354.10 Remedies on default 354.11 Entire agreement clause and execution 355 Stable Ownership and Operation 361. The Duty of Care Required of a Stable Operator/Owner 362. Contract and Tort Law 373. Bailment 384. Occupier’s Liability Act 385. Horse Riding Safety Act (Ontario) 396. Criminal Negligence 407. Risk Prevention 417.1 Annual reviews 417.2 Boarding agreements and waivers 427.3 Lien for unpaid boarding fees 437.4 Insurance 447.5 Provincial workers’ compensation and 45insurance protections6 Employment on the Horse Farm 461. Hiring Employees 461.1 Write a detailed job description 461.2 Insist on a written resumé and references 471.3 Prepare a good interview 471.4 Be mindful of employment obligations under provincial human rights codes 481.5 Follow up 482. The Employment Relationship 492.1 Duty of an employer to protect workers 493. Provincial Workers’ Compensation Systems 504. Private Insurance 515. Employment Statutes 516. Dismissal of an Employee 527. Independent Contractors 537 Waivers and Releases 561. Form of the Written Waiver (Release) 572. Minors and Releases 613. Final Thoughts on Waivers 618 Veterinarians: Liability and the Standard of Care 631. When Mistakes Happen 641.1 Breach of contract 641.2 Negligence 641.3 Trespass 651.4 Bailment 661.5 Deadlines 671.6 Damages 682. Pre-purchase Examinations 692.1 Legal Tips: Pre-purchase examinations 693. Pre-purchase Examinations: Examples from the Courts 719 Poop, Noise, and Other Nuisances 741. What Is a Nuisance? 742. What Can Be Done about Nuisances? 753. What You Should Consider If Planning an Event 774. A Note about Fireworks 785. A Note for Property Owners 78Part III: Other Important Legal Issues 7910 Kids, Dogs, and Horses: What Can Go Wrong? 791. Kids 802. Duty of Care 813. Dogs 824. Scienter 825. Protect Yourself by Following These Tips 8711 Insurance in the Equine World: Cover Your Assets 891. Types of Insurance Available to the Horse Industry 891.1 Liability insurance 891.2 Mortality (life) insurance 901.3 Major medical/surgical coverage 912. Insurance Applications 923. Conditions in a Policy 944. Time Limits 965. Some Simple Rules When Considering Insurance Policies 9712 Divorce and Horses 991. Separation 992. Distribution of Property 1003. Ownership Issues 1014. Support 1025. Domestic Contracts (Cohabitation, Marriage, Separation) 1036. Conclusion 10513 Wills and Estates: Over My Dead Body 1061. Introduction to Wills and Estates 1062. How to Make a Will 1073. Horses in Wills 108x Canadian Equine Law4. Care of Horses in Wills 1085. Trusts 1095.1 Beneficiary of a trust 1106. Life Insurance 1117. Example of How the Courts May View Intent 1118. Charities 1129. Wills and Estates Summary 112Download Kit 113