Dog bite injuries and dog attacks can happen suddenly and often without warning. In Ontario, the law takes these incidents seriously and places strong responsibility on dog owners to protect the public. If you or a loved one has been bitten or attacked by a dog, it’s important to understand your legal rights and the Ontario legal framework that applies.
Strict Liability for Dog Owners in Ontario
Ontario follows a strict liability regime when it comes to dog bite injuries and dog attacks. Section 2(1) of the Dog Owners’ Liability Act (“DOLA”) states that the owner of a dog is legally liable for damages resulting from a bite or attack on another person or a domestic animal in Ontario.
Importantly, section 2(3) makes it clear that the dog’s history or “propensity for violence” does not matter. Whether the dog has bitten before or this was the first dog bite incident, the owner is still liable for the resulting damages. This means that a dog bite victim does not need to prove negligence, carelessness, or that there was prior aggressive behaviour to succeed with a claim.
That said, the DOLA also allows the Court to consider whether the injured person caused or contributed to their own dog bite injuries. If a Plaintiff is found to be partially at fault for the dog, the Court may proportionally reduce the damages awarded.
Location of the Attack Does Not Matter
A common misconception is that dog bite liability in Ontario depends on where the attack occurred. Under Ontario law, location of a dog bite or attack is irrelevant. Dog owners can be held liable whether the bite or attack happens:
At the owner’s home
At a dog park
On a public sidewalk or roadway
On private property
At the beach
In a downtown area
Section 5(1) of the DOLA imposes a legal duty on dog owners to exercise reasonable precautions to prevent their dog from biting or attacking a person or domestic animal in Ontario, or from behaving in a way that poses a menace to public safety.
Dog Owners’ Liability Act vs. Occupiers’ Liability Act
When a dog bite or attack occurs on the dog owner’s property, many people assume the Occupiers’ Liability Act applies. However, Section 3(1) of the DOLA makes it clear that the Dog Owners’ Liability Act takes legal precedence. Liability for dog bite injuries and dog attacks in Ontario is determined under the DOLA, even when the incident occurs at the dog owner’s home.
Court-Ordered Consequences After a Dog Bite or Attack in Ontario
In addition to civil liability, the DOLA gives Ontario courts the power to impose serious consequences following a dog bite or dog attack.
Under section 4, the most severe order a Court can make is for the dog to be humanely “destroyed” if it is satisfied that the dog poses a menace to the safety of persons or domestic animals. While this is a last legal resort, Courts will consider it when public safety in Ontario is at risk.
Alternatively, a court may order the dog owner to take steps to control the dog, including:
- Confining the dog to the owner’s property
- Keeping the dog properly restrained on a leash
- Requiring the dog to wear a muzzle in public
- Posting visible warning signs
Why Dog Bites and Attacks Happen
Dog attacks and dog bites occur more often than many people realize, and in many cases, it’s the dog’s first bite incident. Even well-trained dogs can react unpredictably. Dogs are animals driven by instinct, and unfamiliar situations, fear, or perceived threats can trigger aggressive behaviour leading to a dog attack.
It is always important to remain cautious around dogs, especially those you do not know.
What to Do After a Dog Bite or Dog Attack in Ontario
If you have been bitten or attacked by a dog, taking the right steps after a dog bite can can protect both your health and your legal rights in Ontario:
- Seek medical attention immediately, even if the injury appears minor.
- Identify the dog and its owner, to ensure your rights are protected and to identify whether the dog’s vaccinations are up to date.
- Contact the Municipal by-law enforcement, as they will investigate the incident and may issue fines or impose legal conditions on the dog owner.
- Take photos, documenting the dog bite, the healing process, as well as the location of the incident and the dog if possible.
- Keep all records, such as receipts for out-of-pocket expenses, medical documents and paperwork from Public Health or the Municipal Bylaw.
- Document how the injury has affected your life, including pain, limitations, missed work, or lifestyle changes.
- Contact a personal injury lawyer experienced in dog bite cases to understand your rights and options.
It is important to be aware that dog bite and dog attack claims in Ontario are subject to strict legal limitation periods. Missing a deadline can prevent a claim from moving forward, which is why seeking legal advice as soon as possible after a dog bite is critical.
Dog bite injuries can have lasting physical, emotional, and financial consequences. Understanding Ontario’s strict liability dog bite laws is the first step toward protecting yourself and holding dog owners accountable.
Compensation Available After a Dog Bite or Attack
Depending on the circumstances, a person injured in a dog bite or attack may be entitled to compensation for:
- Pain and suffering
- Medical, rehabilitation, cosmetic and therapy expenses
- Lost income or loss of earning capacity
- Scarring or disfigurement
- Psychological injuries, including anxiety or trauma
- Diminished quality of life
Every case is unique, and the amount of compensation will depend on the severity of the injuries and their impact on the injured person’s life.
At the End of the Day for Dog Bite Victims in Ontario
Many victims of dog bites and dog attacks worry about “suing” a neighbor, friend, or family member, when often, it is the insurance provider (not the individual) responding to the claim.
Typical sources of coverage include:
- Homeowners insurance policies
- Tenant insurance (if the dog owner lives in a rental)
- Personal liability coverage
If you or a loved one has been injured in a dog bite or dog attack in Ontario, you do not have to navigate the legal process alone. Ontario law provides strong protections for victims, but strict limitation periods make it important to seek legal advice promptly. Speaking with an experienced personal injury lawyer as early as possible can help protect your rights and ensure you receive the compensation you deserve.
Contact Bergeron Clifford LLP today for a free, confidential consultation.
