Dog Bite Claim in Ontario: Who Is Liable and How It Works

A dog bite claim in Ontario is unusual in one useful way: the statute, not ordinary negligence law, sets the main rule. This page walks through that rule, who counts as an owner, how a "dangerous dog" order differs from a damages claim, the time limit, and the information people typically collect. It is general legal information, not a prediction about any case.

Who is liable for a dog bite in Ontario?

Short answer: the owner of the dog. The Dog Owners' Liability Act ("DOLA") makes the owner responsible in damages when the dog bites or attacks another person or a domestic animal (s. 2 (1)).

Three features make this different from a typical injury claim:

• No proof of a dangerous history is needed. Liability does not depend on the owner's knowledge of the dog's propensity, or on fault or negligence by the owner (s. 2 (3)). A "first bite" is not treated as a free pass.
• "Owner" is broad. It covers whoever possesses or harbours the dog, and for an owner who is a minor, the adult responsible for that minor's custody (s. 1 (1)).
• More than one owner means shared responsibility. Joint owners are jointly and severally liable (s. 2 (2)). A lawyer can explain how that works in practice.

Can damages be reduced if the injured person was partly at fault?

Yes. Although the owner's liability does not depend on fault, the court must scale the award down according to how much the plaintiff's own fault or negligence helped bring about the harm (s. 2 (3)). What counts as the plaintiff's fault, and how much, depends on the evidence in each case.

The owner may also seek contribution and indemnity from anyone else whose fault played a part, matched to that person's share of the blame (s. 2 (4)).

What if the bite happened on the owner's property?

The usual rules for occupiers of premises are in the Occupiers' Liability Act, which requires an occupier to take reasonable care that people entering are reasonably safe (s. 3 (1)). For dog bites, DOLA overrides that: where someone is bitten or attacked on the owner's premises, the owner's liability is determined under DOLA and not under the Occupiers' Liability Act (DOLA s. 3 (1)).

There is one exception to know about. If a person was on the premises intending to commit a criminal act, or was committing one, section 2 liability does not attach unless keeping the dog there was unreasonable as a way to protect people or property (s. 3 (2)).

What is a "dangerous dog" order and how is it different from a claim?

The Act does not use the label "dangerous dog", but it has a public-safety process that people usually mean by it. An owner can face a proceeding in the Ontario Court of Justice if it is alleged that the dog bit or attacked a person or domestic animal, behaved in a way that is a menace to safety, or that the owner did not take reasonable precautions (s. 4 (1)). The proceeding falls under Part IX of the Provincial Offences Act, and findings of fact are made on the balance of probabilities (ss. 4 (1.2) and (1.3)).

If the court finds the dog bit or attacked, or is a menace, and considers an order necessary to protect the public, it may direct either that the dog be destroyed or that the owner take specified measures to control the dog or for public safety (s. 4 (3)). Examples listed in the Act include confining the dog to the owner's property, a leash, a muzzle, and warning signs (s. 4 (4)). An owner subject to a control order must have the dog neutered or spayed within 30 days, unless the court sets another period (s. 4 (7)). The court may also prohibit the owner from owning another dog for a specified time (s. 5).

In deciding on an order, the court may consider the dog's temperament and behaviour, the seriousness of the injuries, unusual contributing circumstances, the improbability of a repeat, the dog's physical potential for harm, and precautions taken by the owner (s. 4 (6)). Separate rules apply to pit bulls, including a mandatory destruction order where the court finds a pit bull has bitten, attacked or behaved as a menace, and an onus on the owner to prove the dog is not a pit bull if that is alleged (ss. 4 (8) and 4 (10)). Whether a particular dog is a pit bull is a legal question a lawyer should assess.

Section 5.1 also obliges every owner to take reasonable precautions against the dog biting, attacking, or posing a menace.

How long do you have to sue for a dog bite in Ontario?

The general rule in the Limitations Act, 2002 is that a proceeding cannot be started once two years have passed from the day the claim was discovered (s. 4), unless that Act provides otherwise. Discovery is the earlier of two dates: when the person first knew the key facts, including that suing was an appropriate way to get a remedy, and when a reasonable person in the same position should have known (s. 5 (1)). Unless shown otherwise, the person is presumed to have known on the day the act or omission happened (s. 5 (2)).

Some situations pause the clock. Time does not run for a claimant who is a minor without a litigation guardian for the claim (s. 6), or for a person whose physical, mental or psychological state prevents starting a case and who has no litigation guardian (s. 7 (1)). A 15-year outer limit, measured from the act or omission, also applies (s. 15 (2)), and it has its own pauses (s. 15 (4)). Bites can also leave emotional harm; the guide on psychological injury claims looks at that side.

Because the deadline depends on the facts, it should be confirmed with a lawyer immediately. A separate guide to injury claim time limits explains the general rules.

What role does homeowner or tenant insurance play?

DOLA does not itself say whether an owner has insurance for a dog bite claim, and this page does not state what any policy covers. Whether a homeowner, tenant or other policy responds, and for how much, turns on what the policy wording says, and it can be reviewed by a lawyer once it is available.

What to gather after a dog bite

People in this situation typically record:

• the owner's name and address, and the dog's description and any tag or licence;
• where it happened, and whether it was the owner's property;
• photos of the injuries over time, and of torn clothing;
• names of witnesses and any video footage;
• medical records and receipts;
• any report to animal services, public health or police, and any later court notice about the dog.

When it makes sense to talk to a lawyer

People commonly seek advice when:

• the time limit may be close or may have passed;
• the injuries are serious, involve scarring, or affect a child;
• the owner or an insurer disputes liability or blames the injured person;
• there are several owners or the dog's owner is unclear;
• the owner's insurer has asked for a statement or made an offer;
• a court notice or hearing about the dog has been received.