Canada Post sues three in Penticton after dog bite to face | iNFOnews | Thompson-Okanagan's News Source

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Canada Post sues three in Penticton after dog bite to face

Property owners in Penticton and their tenant are being sued by the federal government after a Canada Post courier was bitten in the face by a dog.

Relief is being sought for the courier through a lawsuit filed by the Attorney General of Canada on March 22. It names Christopher James Martens, Jennifer Nicole Haithwaith and Jane Doe as defendants. Martens and Haithwaith are the registered owners of the property and Jane Doe is the name used for their tenant.

On April 2, 2020, the three were all occupants of a property on Chase Street, the lawsuit states, when the courier was bitten on the face while delivering their mail.

Citing the Occupiers Liability Act, the lawsuit claims the defendants were negligent in their obligation to keep the property reasonably safe for the courier, which includes maintaining control over the dog.

“The defendants knew or ought to have known that the dog had manifested a propensity and continued to have a propensity to bite people and/or a propensity to jump on people and/or aggressively approach people and/or cause the type of harm suffered by (the courier),” reads the document.

READ MORE: No report, no investigation into dog attack on Penticton boy

Harm suffered by the courier included an injury to the face which led to scarring and nerve damage, the claim says. She also experienced muscle spasms, anxiety, post-traumatic stress disorder, pain and discomfort, and now has less resistance to future injury and disease.

No dollar amount was listed, but the lawsuit is seeking compensation for injuries suffered and wages lost by the courier, as well as more costs that may still be ascertained.

The breed of dog was not mentioned in the documents.

As of March 22 the defendants had 35 days to respond.

None of these allegations have been proven in court.

READ MORE: Kelowna cop absolved of wrongdoing after police dog bite sent man to hospital

To contact a reporter for this story, email Dan Walton or call 250-488-3065 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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