Dog Bite Liability in Ontario

Strict Liability Under the DOLA

Under section 2 of the DOLA, a dog owner is liable for damages resulting from a bite or attack by the dog on another person or a domestic animal. Key points:

• No need to prove the owner knew the dog was dangerous.
• The first bite is not "free" in Ontario (unlike some US states).
• The owner's liability is absolute, subject only to limited defences.

Who Is the "Owner"?

The DOLA defines "owner" broadly — it includes any person who possesses or harbours the dog. This can include:

• The registered owner.
• A person temporarily caring for the dog (dog-sitter, family member).
• A landlord who permits a tenant to keep a dangerous dog (in limited circumstances).

Defences for Dog Owners

• Contributory negligence — if the victim provoked the dog or was trespassing, damages can be reduced proportionally.
• Voluntary assumption of risk — rare; the victim knowingly assumed the risk (e.g., a veterinarian treating a known aggressive dog).

There is no defence of "the dog was previously gentle" — prior good behaviour is irrelevant to liability under the DOLA.

What Damages Can Be Claimed?

• Medical expenses (current and future).
• Lost income during recovery.
• Pain and suffering / general damages.
• Psychological injury (e.g., PTSD, phobia of dogs).
• Veterinary bills if a pet was attacked.

Limitation Period

In Ontario, you generally have 2 years from the date of the bite to commence a court action under the Limitations Act, 2002. Do not delay.

Steps to Take After a Dog Bite

1. Seek medical attention immediately.
2. Document injuries with photos.
3. Get the owner's name and contact information.
4. Report to municipal animal control.
5. Obtain witness names and contact information.
6. Consult a legal representative about your claim.