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Yukon Court of Appeal Upholds Nuisance Claim Against A Much Needed Dog Shelter

On May 25, 2018, the Yukon Court of Appeal released its decision in Angerer v. Cuthbert, 2018 YKCA 2018. This is a case about claims of private nuisance against a neighboring dog shelter. For a number of years, Ms. Cuthbert operated one of the only dog rescue shelters in all of Yukon on her five-acre property in Tagish, an unincorporated community. She also operated a private dog boarding business, and provided Animal Control services to the Carcross/Tagish First Nation, who have a problem with abandoned dogs on their streets. At the time of trial, Ms. Cuthbert housed approximately 60 dogs, and would at times have up to 80 dogs. Her neighbors brought an action in private nuisance claiming t

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