In Ouderkirk v. Walkhavern Farms Limited et al., the plaintiff was driving on a county road when his vehicle struck a steer owned by the defendants. The steer had escaped from a fenced pasture on the defendants’ farm. After the accident, the defendants examined the fencing system and found it to be in proper repair. It was surmised that the steer jumped the fence, possibly because it was spooked by wildlife.
In granting summary judgment, the court found no evidence to support the plaintiff’s claims of negligence or breach of duty of care. The defendants had maintained the fence properly, and there was no indication that its size, type, or condition was inappropriate. The plaintiff provided no expert evidence or other material to establish a nexus between the defendants’ actions and the steer’s escape. The court noted that the mere fact of an animal escaping is insufficient to establish liability. There was no evidence of prior escapes or that the defendants’ actions were unreasonable. The plaintiff failed to present evidence contradicting the defendants’ account of the fence’s condition and maintenance. Regarding public nuisance, the court held that the plaintiff did not demonstrate that the defendants’ conduct unreasonably interfered with public safety. The steer’s escape appeared to be an isolated incident, and no evidence suggested the defendants acted unreasonably.
2025 ONSC 2551 (CanLII) | Ouderkirk v. Walkhavern Farms Limited et al. | CanLII
