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ARTICLE · 10 DECEMBER 2015

Dogs Barking For More Than Ten Minutes Constitutes Objectionable Noise

Norton Rose Fulbright Canada LLP
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This case involved "A Pawsh Oasis", a commercial dog kennel in the District of Saanich owned by the Millers.

CanadaReal Estate and Construction
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In Saanich (Corp. of the District) v. Miller, 2015 BCSC 2053, the BC Supreme Court considered whether the District of Saanich Noise Suppression Bylaw, 1993, No. 7059 (the "Noise Bylaw") applied to a commercial kennel and concluded that it did.

The Facts

This case involved "A Pawsh Oasis", a commercial dog kennel in the District of Saanich owned by the Millers.  A Pawsh Oasis had operated in compliance with the applicable zoning bylaw and had been fully licensed and permitted, since 2010.  The MacPhees owned the lot right next to the Millers.  The MacPhees said that they had been bothered by the kennel ever since it opened for business, and that the noise of dogs barking had caused them "considerable stress and discomfort".  They complained to the municipality when they were bothered by barking that went on for hours.

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