Weslowski, Karen Articles

Equine Insurance Coverage for Natural Disasters

Updated:

December 2, 2022

Insurance Coverage for horse industry, natural disaster insurance coverage, Homeowners’ Insurance Policy, horse barn fire coverage, mitigate insurance risks

In recent years, many parts of Canada have been devastated by natural disasters, including forest fires, ice storms, and floods. These disasters have impacted the equine community by causing loss and damage to barns, fencing, pastures, feed supplies and livestock, among other things.

How to Understand Horse-Related Contracts

Updated:

August 10, 2022

horse-related contracts, buying a horse, legal documents horse sale, horse insurance contracts, horse breeding contract, karen weslowski

Traditionally, business in the horse industry has been conducted on the basis of a handshake. However, written contracts are becoming more common in the purchase and sale of horses as well as the provision of services such as training, leasing, breeding and boarding. Depending upon the wording of the contract, written contracts can provide greater certainty as to the rights and obligations of all parties involved. Given the increasing use of contracts in the horse business, horse owners may find it useful to arm themselves with some basic knowledge of contract law. This article will discuss the basic elements of a contract, provide readers with some tips on drafting a contract for the purchase and sale of a horse and finally, discuss one of the most commonly used contracts in the horse business, the breeding contract.

When Does Horse Industry Gossip Cross the Line?

Updated:

May 20, 2022

horse industry gossip, gossip horse industry, equine lawyers in canada, horse lawyers canada, karen weslowski

The “horse world” is a small community where most people know one another and gossip is common. Much of this talk is harmless, but given that many people in the horse world trade on their professional reputations and personal integrity, when does gossip or idle chatter cross the line into defamation?

The Value of Horse Boarding Agreements

Updated:

May 24, 2021

Horse Boarding Agreements, Karen Weslowski, horse boarding stress, written horse boarding agreement, horse boarding stable agreement, legally enforceable horse boarding agreement

Boarding a horse can be a source of stress for horse and stable owners alike. Horse owners want to ensure their horse is safe and well-taken care of, while stable owners want to ensure their boarding fees are paid and their property is respected. To address both sides of this equation, consider the following when dealing with boarding situations.

Trailering Accident Liability

Updated:

November 1, 2020

A horse is not considered a “passenger” but rather “cargo”. Your horses should be insured appropriately under an All Risk Mortality or Specified or Named Perils policy. Contact a knowledgeable insurance broker for more information on these types of policies.

Understanding Horse Leasing Contracts

Updated:

October 23, 2020

horse leasing contract, horse contract, equine contract, equine leasing, karen weslowski, miller thomson, leasing a horse, how to lease a horse

For people who do not have the time or money to buy their own horse, leasing is a great alternative to horse ownership. Leasing can provide the enjoyment of a horse without the added responsibility or cost. For horse owners, leasing can help reduce some of the costs associated with horse ownership. The key to a successful horse lease is to ensure that all parties are aware of their rights and obligations under the lease. This article will discuss some of the issues that arise in the context of a leasing contract and provide suggestions with respect to negotiating and drafting a horse lease.

Tax Talk for Horse People

Updated:

May 31, 2020

taxes horse farm, taxes horse ownership, canada taxes horse owners, taxing horse services

Making a living in the horse industry can be challenging. Not only are the horses themselves expensive, the land and equipment needed to sustain a horse business can be costly to purchase and maintain. Given the high costs associated with the horse industry, it may benefit those engaged in this business to familiarize themselves with the laws relating to taxes and taxation issues. A better understanding of these issues could result in tax savings.

Liability for Horse Related Accidents

Updated:

March 24, 2020

Liability Horse accidents, Karen L. Weslowski, equine litigation, horse owner liability, BC Livestock Act, British Columbia equine litigation, personal liability insurance coverage horse owner

No matter how careful one is around horses, accidents happen. This article will discuss the potential legal liability arising from such situations as well as how to best minimize the risks associated with horse-related activities.

Enforceability of Parental Waivers

Updated:

March 21, 2020

Waiver of liability agreements are commonly used in dangerous or high risk sports such as horseback riding. The intent is to transfer liability for injuries from the organizer to the participant through a written contract. The article, "Negotiating Risk: The Use & Enforceability of Waivers" contains a detailed discussion of waivers if readers are looking for more information on the subject.

Negotiating Risk: The Use & Enforceability of Waivers

Updated:

August 15, 2018

karen L. Weslowski, equine waivers, equine liability agreements, Unambiguous Waiver Risk Hazard,

Waiver of liability agreements or “waivers” can be an effective form of risk management in that they transfer liability for injuries from one person to another by means of a written contract. Waivers are commonly used in dangerous or high risk sports such as horseback riding. Although commonplace in the horse industry, waivers are often used without full knowledge as to the rationale behind their use or the standards required to ensure that they are legally enforceable.

The Legal Side of Buying a Horse at an Auction

Updated:

June 3, 2016

horse auction, equine auction, how to buy a horse, attend an equine auction, attend a horse auction, karen weslowski

Buying a horse is an important decision that usually involves careful planning, consideration, and research. Buying a horse at an auction can remove or reduce the ability to exercise due diligence in the buying process. “Deals” and good quality horses can be found at auctions; however, when attending an auction, buyers may be overcome with excitement for what appears to be a great bargain or sympathy for an obviously mistreated horse, and make a purchase they later regret. While there is nothing wrong with wanting to score a deal or rescue a horse, auction buyers should be aware of the legal obligations imposed upon buyers, consignors, and auction houses so they can protect their legal rights and, to the greatest extent possible, make informed decisions.